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HomeMy WebLinkAbout08-22-16 Common Council Agenda PacketSOUTH BEND COMMON COUNCIL MEETING AGENDA Monday, August 22, 2016 7:00 P.M. 1. INVOCATION- LARRY DWYER, BAHA'I COMMUNITY OF MICHIANA 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES SPECIAL BUSINESS BILL NO. 6. REPORTS FROM CITY OFFICES COMMITTEE OF THE WHOLE BILL NO. TIME: 36 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 202 BARTLETT STREET, COUNCILMANIC DISTRICT NO. I IN THE CITY OF SOUTH BEND, INDIANA 37 -16 PUBLIC HEARING ON AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2 BY ADDING SINGLE FAMILY DWELLING TO PERMITTED USES IN MFI URBAN CORRIDOR MULTIFAMILY DISTRICT AND MF2 HIGH - DENSITY MULTIFAMILY DISTRICT; AND ADDING SINGLE FAMILY AS A SPECIAL EXCEPTION USE IN MU MIXED USE DISTRICT 38 -16 PUBLIC HEARING ON AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 BY ADDING GROUP RESIDENCE TO SPECIAL EXCEPTION USES IN CBD CENTRAL BUSINESS DISTRICT; AND SECTION 11 BY AMENDING THE DEFINITIONS OF DWELLING UNIT, FAMILY AND GROUP RESIDENCE BILLS ON THIRD READING BILL NO. TIME: 36 -16 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 202 BARTLETT STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 37 -16 THIRD READING ON AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2 BY ADDING SINGLE FAMILY DWELLING TO PERMITTED USES IN MF1 URBAN CORRIDOR MULTIFAMILY DISTRICT AND MF2 HIGH - DENSITY MULTIFAMILY DISTRICT; AND ADDING SINGLE FAMILY AS A SPECIAL EXCEPTION USE IN MU MIXED USE DISTRICT 38 -16 THIRD READING ON AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 BY ADDING GROUP RESIDENCE TO SPECIAL EXCEPTION USES IN CBD CENTRAL BUSINESS DISTRICT; AND SECTION 11 BY AMENDING THE DEFINITIONS OF DWELLING UNIT, FAMILY AND GROUP RESIDENCE 9. RESOLUTIONS BILL NO. 16 -22 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5448 DYLAN DRIVE, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AM GENERAL, LLC 16 -57 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA IN SUPPORT OF A REASONABLE TRANSITION TO CLEAN ENERGY FOR SOUTH BEND 16 -65 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 7250 VORDEN PKWY, SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: 3B TECH, INC. 2 6. BILLS ON FIRST READING BILL NO. 42 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING AND DIRECTING SUBMISSION OF A WRITTEN REQUEST TO PARTICIPATE IN THE INDIANA DEPARTMENT OF INSURANCE'S AVAILABLE INSURANCE PROCEEDS SET ASIDE PROGRAM 43 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS ELBEL HOUSE AND LOCATED AT 806 LELAND AVENUE, IN THE CITY OF SOUTH BEND, INDIANA 44 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31, 2017 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 45 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31, 2017 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 46 -16 FIRST READING ON AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2017 47 -16 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2017 BUDGET AND LEVYING 3 THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2017 7. UNFINISHED BUSINESS BILL NO. 16 -64 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 3001 W. CLEVELAND ROAD 8. NEW BUSINESS 9. PRIVILEGE OF THE FLOOR 10. ADJOURNMENT TIME: Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 4"' Floor County -City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. Cl OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: AUGUST 18, 2016 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, AUGUST 22, 2016 at: Council Informal Meeting Room 4t1i Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON 1. Bill No. 36 -16- Rezoning petition for 202 Bartlett Street 2. Bill No. 37 -16- Proposed text amendments for Multi- Family (MF1, MF2) and Mixed - Used Districts 3. Bill No. 38 -16- Proposed text amendments to Chapter 21 regarding definitions of dwelling unit, family and group residence 4:00 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 16 -65- Designating Personal Property Tax Abatement for 3B Tech, Inc. 2. TIF Briefing, Brian Pawlowski- Director Dept. of Community Investment 4:30 P.M. PUBLIC WORKS & PROPERTY VACATION JO M. BRODEN, CHAIRPERSON 1. Smart Streets Update, Eric Horvath- Director of Public Works 5:00 P.M. HEALTH & PUBLIC SAFETY JOHN VOORDE, CHAIRPERSON 1. Lawn Cutting Update, Randy Wilkerson- Director of Code Enforcement Council President Tim Scott has called an Informal Meetim of the Council which will commence immediately after the adjournment of the Health & Public Safety Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendlN.Rov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE CHIEF DEPUTY DEPUTY CLERK EMILY SEXTON ORDINANCE VIOLATION CLERK CHIEF OF STAFF DIRECTOR OF POLICY �5pU7H e�yO.. 2016 COMMON COUNCIL STANDING COMMITTEES (Rev. 01 -6 -16) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real & personal tax abatement requests. Gavin Ferlic, Chairperson Oliver Davis, Member Regina Williams- Preston, Vice - Chairperson Randy Kelly, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Office of Community Affairs and is charged with facilitating partnerships & ongoing communications with other public and private entities operating within the City. Regina Williams- Preston, Chairperson Gavin Ferlic, Member Randy Kelly, Vice - Chairperson Karen White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. It duties are set forth in detail in Section 2 -10.1 of the South Bend Municipal Code. Tim Scott, Member Dr. David Varner, Member Jo Broden, Member Karen White HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. John Voorde, Chairperson Oliver Davis, Member Karen L. White, Vice - Chairperson Jo Broden, Member INFORMATION AND TECHNOLOGY COMMITTEE Oversees the various activities of the City's Division of Information Technologies in the Department of Administration & Finance so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability & access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Dave Varner, Member Gavin Ferlic, Vice - Chairperson Karen White, Member PARC COMMITTEE (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Coveleski Regional Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, and the many recreational and leisure activities offered by the Department of Parks and Recreation. Randy Kelly, Chairperson Oliver Davis, Member Dr. Dave Varner, Vice - Chairperson John Voorde, Member �o45ourx eF�� a ti 2016 COMMON COUNCIL STANDING COMMITTEES (Rev. 01 -6 -16) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations & other fiscal matters, as well as personnel policies, health benefits & related matters. Karen L. White, Chairperson Regina Williams- Preston, Member Gavin Ferlic, Vice - Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works & related public works & property vacation issues. Jo Broden, Chairperson John Voorde, Vice - Chairperson Randy Kelly, Member Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities & issues related to neighborhood development & enhancement. Karen White, Chairperson Jo Broden, Vice - Chairperson Regina Williams- Preston, Member John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Dr. David Varner, Chairperson Randy Kelly, Member Oliver Davis, Vice - Chairperson Regina Williams- Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice - Chairperson Jo Broden, Member SUB - COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval /modification to the Council Tim Scott Dr. David Varner o Sour��ry� d � x 2016 COMMON COUNCIL STANDING COMMITTEES (Rev.01-6 -16) TIM SCOTT, 1sT District Council Member PRESIDENT Information and Technology, Chairperson Council Rules Committee, Member Sub - Committee on Minutes, Member REGINA WILLIAMS - PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice - Chairperson Personnel & Finance Committee, Member Utilities Committee, Member RANDY KELLY, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Public Works & Property Vacation, Member Utilities Committee, Member JO BRODEN, 4TH District Council Member Public Works & Property Vacation, Chairperson Council Rules Committee, Member Residential Neighborhood Committee, Vice - Chairperson Health & Public Safety Committee, Member Zoning & Annexation Committee, Member DR. DAVID VARNER, 5TH District Council Member Utilities Committee, Chairperson Information & Technology Committee, Member PARC Committee, Vice - Chairperson Council Rules Committee, Member Sub - Committee on Minutes, Member OLIVER DAVIS. 6TH District Council Member Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice - Chairperson Health & Public Safety Committee, Member PARE Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Community Relations Committee, Member Information & Technology Committee, Vice - Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice - Chairperson Zoning & Annexation Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Information & Technology Committee, Member Health & Public Safety Committee, Vice - Chairperson Council Rules Committee, Member JOHN VOORDE, AT LARGE Council Member Health & Public Safety Committee, Chairperson Residential Neighborhood Committee, Member Public Works & Property Vacation, Vice - Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice - Chairperson Personnel & Finance Committee, Member Bill No. 36 -16 LAWRENCE P. MAGLIOZZ1 EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 23S -9571 July 6, 2016 South Bend Common Council 4'h Floor, County -City Building South Bend, IN 46601 RE: 202 Bartlett Street Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 11, 2016 Council meeting, and set it for public hearing at your August 22, 2016. Council meeting. The petition is tentatively scheduled for public hearing at the August 16, 2016 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, a eLrl� Planner Filed in Clerk's Office JUL 06 2016 KAREEMAH POWLEH CITY CLERK, SOUTH SEND, IN CC: Kathy Cekanski- Farrand SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.STJOSEPHCOU NTY INDIANA. CO MIA REAP LAN. LAWRENCE P. MAGLIOZZI Ezrc-nTIVF 111111 UTgR Angela M. Smith u�pv,. u�r�.•,o� qFXAMEA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 217 W. JEFFERSON BLVD., ROOM 1140 COIINTY•c'ITY BUILDING, 80111-11 BFND, INDIANA 46601 IS 74)215.9S71 Wednesday, August 17, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend. IN 46601 Revised RE: A public hearing on a proposed ordinance of Justin Bogunia to zone from SF2 Single Family & Two Family District to.MFI Urban Corridor Multifamily District, property located at 202 Bartlett Street, City of South Bend - APC# 2789 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Justin Bogunia was legally advertised on August 4, 2016 and that the Area Plan Commission at its public hearing on August 16, 2016 took the following action: Upon a motion by Gerry Phipps, being seconded by Elizabeth Maradik and unanimously carried, a proposed ordinance of Justin Bogunia to zone from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District, property located at 202 Bartlett Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation subject to the following Written Commitment: the multi family dwelling is limited to three units. Rezoning this site to MFl Urban Corridor Multifamily District will allow for a mixture of housing types in the neighborhood and enable for the reuse of a vacant structure. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was Iegally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, ,–,g— 0 Lawrence P. Magliozzi Attachment CC: Justin Bogunia Filed in Clerk's Office AUG 17 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA a ROSELAND W.w s ) 0 $EP N C 0 U N IT IND IAN A.0 ON f A 4 *A P I AN LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 August 17, 2016 South Bend Common Council 4`s Floor, County -City Building South Bend, IN 46601 RE: Bill # 36 -16 Rezoning: APC# 2789 -16 - 202 Bartlett Street Dear Council Members: The Area Plan Commission held a public hearing on August 16, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, August 22, 2016. Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: Ordinance: 1.) Section II was added to reflect the Written Commitment. A Copy of the revised Ordinance is attached. Public Hearina Summary There was 1 person that spoke in favor and 2 in opposition to the proposed rezoning. • Catherine Hostetler has been working with the petitioner to fix up the site. She stated that the 1932 Assessor's card shows the house as 3 units. She commented that the lot is small and tight for landscaping. Also, there is on street parking/ permitted parking available and it shouldn't be a problem once construction is complete. The house would be difficult to transform back to single family and would have to be gutted in order to do so. • Michele Gelfman, President of the Riverbend Historic District, stated that the variances would cause problems. Parking is an issue in the neighborhood. She stated that the home has been sited 25 times in the past 11 /2 years and is concerned about property values. • Gloria Wolvos stated that she is concerned about the parking issue in the neighborhood. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.STJOSEPHCO U NTY I NDIAN A. CO MIA REAP LAN If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, ae4moln, Planner CC: Kathleen, Cekanski- Farrand SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STJOS EPH C 0 U NTY I N D I ANA.0 0 MIA R EAPLAN PETITION FOR ZONE MAP AMENDMENT City ofSouth Bend, Indiana I (wed) the nndemignt,.d makt, "On iration to the City of South Beni Common Council to amend the. zoning ordinance: as herein requested. j. _F� l� song�tt � � ��eei i3. terat�ti, atr. 202 Bartlett ,St. South Bend, 1N 46601 2) The properly Tax Key Number(s) islare: 018- 1007 -0238 3) Legal. Descriptions: Lot numbered thirty-five (35) as shown on the recorded plat of Hammond and Whitcomb's addition to the city of South Bend, IN St. Joseph County, Indiana, excepting therefrom 521/2 feet off of the south end thereof. Parcel ID No.: 71- 08 -01- 327 - 001.000 -026 4) Total. Site Area: 0.06 Acres 5) Name and address of property owner(s) of the petition site: Justin Bogunia 22977 Quinn Rd Lakeville, IN 46536 574 -850 -6308 justinjbl@live.com Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Filed in Cferk's OfflCe Name Address UL 0 5 2016 City, State Zip Code Phone number with Area Code !K:A:]REEMAH FOWI -ER E -Mail Address CITY CLERK, SOUTH BEND, IN Name and address of additional property owners, if applicable: 7) .it is desired and requested that this property be rezoned: From: Choose current zoning district SF2 Single.Family Two Family District To: MFl Urban Corridor Multifamily District 8) This rezoning is requested to allow the followinguse(s): Tri-plex. 3 unit rental property IF VARiANCE(S) ARE BEING REQUESTED (if not, please skip to next section): l) From the minumum parking 6 spaces to 0 From the required foundation landscaping to none on the west sideof the property. From the required landscaping to 2 ornamental trees on the north perimeter. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to. the public health, safety, morals and general welfare of the community: These variances will not negatively affect the community.' (b) The use and value of the area adjacent to the property included in the variance will not be affected in a ..substantially advem. manner and; Adding the landscaping and using the street parking will not affect the adjacent property adversly. There is adequate parking on the street. (c) The strict application of the terms of tiffs Ordinance would result' in.practicat .diicultie s in.dw use of the property: This property is restricted by the structure that currently exists on it. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, .please ship to next section): l).A,.detailed.descrption, and, purposeofthe. . Special. Exception- Use(s).being requested: N /A. 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safely, comfort; community moral standards, convenience or geneml welfare: Insert text (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Insert text (c) The proposed use will be consistent with the doter of the district in. which it is located and the land uses authorized therein; and: Insert text (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert text In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Flan included. with. this petition. CONTACT PERSON: Justin Bogunia 22977 Quinn Rd Lakeville, IN 46536 574- 850 -6308 justinjbl@live.com BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - -P71'a�, r�l .i�rn a�.fir� .�_� 3.c + r yk. rrrT� �n T[rra� iz a m .r.� rx + ra "T 'r :eer�r • #� . .GP_:v+A=�F��D�k .-•r: ,n:'n- -i. :..,T 1 f17..'3 �i li.•R .: 1-11A IT 3F if�7'.- :a,r.. 5� I,:�'CTPER—SO, v ��i.A'a.5, ED. +iROVE i4' AV REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL L' - l AT[v4iTT.•Sl �._ _- ' - _ ­­ •T -7 -T- J' AT fits #J I;Ur H,f. 3KY'A:.R RUN T• 11N'Irl'h%1A, %21C) .,�f � r�11 . i'nini,�F)'I �;o„afi,rAkl ..fail nj rnre•}t, o. :,nerkl, or Fz;„at„re of 4±tornev fnr all nrnnerfri nvxmerk1 Bill No. 36 -16 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 202 BARTLETT STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property to allow a tri -plex rental property NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot numbered 35 as shown on the recorded plat of Hammond and Whitcomb's addition to the city of South Bend, St. Joseph County, Indiana, excepting there from 52'/2 feet off of the south end thereof be and the same is hereby established as MF1 Urban Corridor Multifamily District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of , 2 , at o'clock . M. Mayor, City of South Bend, Indiana Filed in Clerk's Office AUG 17 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Staff Re-port APC # 2789 -16 Owner: Justin Bogunia Location: 202 Bartlett Street Jurisdiction: City of South Bend Public Hearing Date: 8/16/2016 Filed in Clerk's Office AU6 1.7 2016 KAREEMAH FOWLER CRY CLERK, SOUTH BEND, IN 8/5/2016 Requested Action: The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MF1 Urban Corridor Multifamily District and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a house zoned SF2 Single Family & Two Family District. North: To the north across Bartlett Street is Leeper Park zoned SF2 Single Family & Two Family District. East: To the east is a doctor's office zoned SF2 Single Family & Two family District. South: To the south is a single family house zoned SF2 Single Family & Two Family District. West: To the west across St. Joseph Street is a parking lot zoned CBD Central Business District. District Uses and Development Standards: The MF l District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: On site is a 2,500 square foot, two story home located on .06 acres. The large residential structure occupies the majority of the site. Zoning and Land Use History And Trends: This property was zoned single family residential prior to 1987. Traffic and Transportation Considerations: St. Joseph Street and Bartlett Street have two lanes with on- street parking. Utilities: This site is served by municipal water and sewer. Agency Comments: The Department of Community Investment offers a favorable recommendation and APC # 2789 -16 Page 1 of 3 Staff Report 8/5/2016 commented that to ease any neighborhood concerns about the potential number of units on site in the future, the petitioner may wish to offer a written commitment limiting the number of units to three. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006), Objective H 1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: This home is located within a historic district near Memorial Hospital. The majority of homes in the area are larger homes located on small lots. 3. Most Desirable Use: The most desirable use is residential. 4. Conservation of Property Values: Because of the medium density character of the area, a tri-plex should not negatively affect surrounding property values. 5. Responsible Development And Growth: It is responsible development and growth to maintain and preserve the area as residential. Combined Public Hearing This is a combined public hearing procedure, which includes a rezoning and three variances from the development standards. The Commission will forward the rezoning to the council with or without a recommendation and either approve or deny the variances. The petitioner is seeking the following variance(s): 1) from the required landscaping of the required perimeter yards to none on the South, East, and West sides of the property, 2) from the required foundation landscaping to none on the West side of the property; and 3) from the required minimum 6 required off - street parking spaces to none State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: APC 9 2789 -16 Page 2 of 3 Staff Report 8/5/2016 (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; Due'to existing landscaping and the availability of on street parking, the variaxnces should not be injurious to the public health, safety, morals and general welfare. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; The house has existed in its current state for many years. Legalizing the use as a three unit structure should not adversely affect adjacent properties. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Due to the small size of the lot and the large size of the home, strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Staff Comments: The staff has no additional comments. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition, be sent to the common council with a favorable recommendation. The staff recommends approval of the variances. Analysis: Rezoning this site to MF1 Urban Corridor Multifamily District will allow for a mixture of housing types in the neighborhood and enable for the reuse of a vacant structure. APC # 2789 -16 Page 3 of 3 Rezoning from: CITY OF SOUTH BEND "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MFl" URBAN COR 7TM MILY DISTRICT ric's Office " W E MASTER ZONING KEY 7 2016 s 40 SOUTH BEND °SF2° SINGLE FAMILY A, CT 1 inch = 100 feet - SOUTH B END "CBD" CENTRAL BUSIU TH BEI+flT IN APC # 2789 -16 Bill No. 37 -16 Common Councll City of South Bend Indiana Jo Broden, 4th District Council Member 4th Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5978 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD The South Bend Common Council July 6, 2016 4' Floor County -City Building South Bend, Indiana 46601 Re: Proposed zoning text amendments for Multi- Family, MF 1, MF 2 and Mixed Use Districts Dear Council Members: On May 7, 2014, the new zoning ordinance took effect which .reflected months of review by representatives of the City under the overall direction of the Area Plan staff. Amongst individuals and residential developers, there is a renewed interest not only in converting older, often larger homes back to single - family, but also building new construction within areas of our City currently restricted by zoning for more intensive uses. The proposed changes in this ordinance, broadens the areas within our City where those interested in reversions or new builds would undertake a less onerous process for building approval within Multi- Family 1 and Multi - Family 2 districts, and adds the potential for single family dwellings within Mixed Use Districts as a special exempted use. The proposed ordinance expansions on permitted and special exempted uses as it pertains to single family dwellings have been collaboratively drafted and reviewed with members of the Area Plan Commission, as well as, the City of South Bend Department of Community Investment's planning staff and attorneys in the Department of Law. I respectively request the Common Council schedule this proposed ordinance for first reading at the scheduled July 11 meeting so that the Bill can be sent to the Area Plan Commission and to the Council's Zoning and Annexation Committee, with 2'd reading, public hearing and 31d reading at the August 22" d Common Council meeting. Thank you Sincerely, o M. Broden South Bend Common Council Member 4a' District Filed in Clerk's Oftke JUL 0 6,1018 . KMEEMAH FOVVM C"CMK, SOUTH l3MD.IN '¢f Common Council City of South Bend Indiana Jo Braden, 4th District Council Member 4th Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5978 (574) 235 -9173 Facsimile July 11, 2016 Mr. Larry Magliozzi Executive Director Area Plan Commission of St. Joseph County, Indiana 1140 County -City Building 2278 W. Jefferson Boulevard South Bend, Indiana 46601 Re: Bill No. 37 -16 and Bill No. 38 -16 Dear Mr. Magliozzi: (574)235 -5567 TTY/TDD Pursuant to Section 21 -09.01 of the South Bend Municipal Code, I have filed the proposed text amendments set forth in Bill No. 37 -16 and Bill No. 38 -16, which would amend various sections of Chapter 21 addressing "Zoning ". This is to confirm, consistent with that City Code provision and Indiana Code § 36 -7 -4 -607, that the initiation of both Bills was discussed at an Informal Meeting of the South Bend Common Council today, and that for procedural purposes the Common Council is initiating the amendments. Based on discussions and input from your staff, it is my understanding that both proposed ordinances will have a public hearing before the Area Plan Commission on August 16th, and that the South Bend Common Council will hold their public hearing on August 22nd. Thank you for your consideration. Most sincerely, Jj . Broden South Bend Common Council Member 4°i District cc: The Office of the City Clerk Filed in Clerk's Office JUL 12 KAREEKAH FOWLER CITY CLERK. SOUTH BEND, IN 4=019 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 August 17, 2016 South Bend Common Council 41 Floor, County -City Building South Bend, IN 46601 RE: Bill # 37 -16 Rezoning: APC#2790 -16 - Text Amendment Dear Council Members: Filed in Clerk's Once AUG 17 zags The Area Plan Commission held a public hearing on August 16, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, August 22, 2016. Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: Ordinance: 1.) The title was amended to add Single Family as a Special Exception Use in the MU Mixed Use District. A Copy of the revised Ordinance is attached. Public Hearing Summary: There was 1 person that spoke in favor the proposed rezoning. Ann Puzzello spoke in favor stating that the amendment will make it easier for single family residents to move back in to the neighborhood. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, F".;A Angela M. Smith Deputy Director CC: Kathleen Cekanski- Farrand SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW. STJOS E PH CO U N T Y IND IAN A. CO MIA REAP LAN LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director MAREA PLAN COMMISSION OF ST. JOSEPH CC7UNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 Wednesday, August 17, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 Filed In Clerk's Offiee AUG 2016 KASEEI M. POvVL.EF1 .,w r .i FR K SOUTH BEtl2,1N RE: An ordinance initiated by the Common Council of the City of Sou rt, >M ana amending Chapter 21 of the South Bend Municipal Code, Article 2 by adding single family dwelling to permitted uses in MF1 Urban Corridor Multifamily District and AM High- Density Multifamily District; and adding single family as a special exception use in MU Mixed Use District. - APC# 2790 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of The Honorable Council of the City of South Bend was legally advertised on August 4, 2016 and that the Area Plan Commission at its public hearing on August 16, 2016 took the following action: Upon a motion by Oliver Davis, being seconded by John McNamara and unanimously carried, a proposed ordinance initiated by the Common Council of the City of South Bend, Indiana amending Chapter 21 of the South Bend Municipal Code, Article 2 by adding single family dwelling to permitted uses in MF1 Urban Corridor Multifamily District and MF2 High - Density Multifamily District; and adding single family as a special exception use in MU Mixed Use District, is sent to the Common Council with a a FAVORABLE recommendation. Since the adoption of the ordinance in 2004, the housing market has continued to change and evolve. The proposed changes recognize revived interest in converting older homes back to single - family residential and will promote flexibility in the housing market. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. MaglJOZZJ Attachment CC: Jo Broden SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J 0 S E P H C 0 U N T Y I N D I A N A.0 0 M I A R E A P L A N Staff Report 8/4/2016 APC # 2791 -16 Owner: The Honorable Council of the City of South Bend Location: TEXT AMENDMENT Jurisdiction: City of South Bend Public Hearing Date: 8/16/2016 Requested Action: The requested action is a text amendment initiated by the Common Council of South Bend amending the Ordinance to allow Group Residence in the CBD Central Business District . and amending various definitions related to Group Residence. Agency Comments: The Department of Community Investment offers a favorable recommendation. Staff Comments: The following changes are proposed: * Adding Group Residence as a Special Exception Use to the CBD Districts located west of the St. Joseph River * Adding Group Residence as a Special Exception Use to the CBD Districts located east of the St. Joseph River * Removing "household employees" from the definition of Dwelling Unit * Removing "household servants" from the definition of Family * Updating the definition of Group Residence to include a residential facility that provides common Iiving areas such as kitchen, living room, dining room or recreational rooms Recommendation: Based on information available prior to the public hearing, the staff recommends the text amendment be sent to the Common Council with a favorable recommendation. Analysis: The proposed changes recognize the growing popularity of non- traditional housing arrangements. Providing an opportunity for Group Residence developments within the densely populated Central Business District will allow for the changing trend in housing to be accommodated where the services and infrastructure are already in place. APC # 2791 -16 Page 1 of 1 Bill No. 37 -16 ORDINANCE NO. AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE, ARTICLE 2 BY ADDING SINGLE FAMILY DWELLING TO PERMITTED USES IN MF1 URBAN CORRIDOR MULTIFAMILY DISTRICT AND MF2 HIGH - DENSITY MULTIFAMILY DISTRICT; AND ADDING SINGLE FAMILY AS A SPECIAL EXCEPTION USE IN MU MIXED USE DISTRICT. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Since the adoption of the ordinance, the housing market has continued to change and evolve. The proposed changes recognize revived interest in converting older homes back to single - family residential. Various district within the City of South Bend need to be updated in order to accommodate a wider variety of housing types in order to better serve the public. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21 -02.03 MF1 Urban Corridor Multifamily District, subsection (a) (1) Primary Uses, is hereby amended by adding a new subsection (K) as follows: (K) One (1) Single Family Dwelling SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21 -02.03 MF1 Urban Corridor Multifamily District, subsection (a) (2) Special Exception Uses, is hereby amended by deleting a portion of subsection (F) as follows: (F) Residential: Including by not limited to: Group Home; Group Residences, Single F-mmily Disw&nt. SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21 -02.04 MM High- Density Multifamily District, subsection (a) (1) Primary Uses, is hereby amended by adding a new subsection (J) as follows: (J) One (1) Single Family Dwelling SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21 -02.04 MF2 High - Density Multifamily District, subsection (a) (2) Special Exception Uses, is hereby amended by deleting a portion of subsection (F) as follows: (F) Residential: Including by not limited to: Group Home, Group Residences; Shsgk i g -and Two Family Dwellings (located on an individual Lot and not as part of a larger multifamily project — see Section 21- 02.04, (b) (16) for applicable development standards). SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.02 MU Mixed Use District, subsection (a) (2) Special Exception Uses, is hereby amended as follows: (F) Residential: Including but not limited to: Group Residences, One (1) Single Family Dwelling Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Bend, Indiana Filed in Clerk's Office AUG 17 2016 KAREEIVIQi FOWLER CITY CLERK, SOUTH REND, IN :� At F Common Council City of South Bend Indiana Jo Broden, 4u' District Council Member 4t' Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5978 (574) 235 -9173 Facsimile July 6, 2016 The South Bend Common Council 41` Floor County -City Building South Bend, Indiana 46601. Bill No. 38 -16 (574)235 -5567 TTY/i'DD Re: Proposed Zoning Text Changes to Chapter 21 of the South Bend Municipal Code Dear Council Members: The Common Council of the City of South Bend, Indiana, passed a new zoning ordinance that went into effect on May 7, 2004. Since the passage of that ordinance over 12 years ago, the housing market has continued to change and evolve. The proposed changes in the attached ordinance, broaden our zoning code definition of group residence to encompass more housing options of interest to persons desiring to live in varied, evolving figurations of shared residential community then previously defined. It also proposes to expand the areas within our City where such group residences may locate as special exempted uses. Specifically, the Central Business District East and the Central Business District West would be additional areas within South Bend to accommodate innovative and market - responsive group housing models to develop. This proposed ordinance, in conjunction with the above definition and use expansions, also seeks to clarify the definition of family. While Common Council initiated, these proposed ordinance changes have been collaboratively drafted and reviewed with staff members of the Area Plan Commission, as well as, the City of South Bend Department of Community Investment's planning staff and attorneys from the Department of Law. All of the proposed changes are aimed at keeping South Bend competitive and welcoming with respect to changing trends in housing. I respectively request the Common Council schedule this proposed ordinance for first reading at the July 11 s' Council meeting so that the Bill can be sent to the Area Plan Commission for their meeting of August 161, and to the Council's Zoning and Annexation Committee, with 21 reading, public hearing and 3'd reading at the August 221 Common Council meeting. Thank you for your consideration. Si J Braden outh Bend Common Council Member 41b District Filed in Clerk's Office JUL KAREEMAti FOVA ;R CITY CLERK, $om MD, IN (574) 235 -5978 July 11, 2016 Mr. Larry Magliozzi Executive Director p{ Common Council City of South Bend Indiana 10 Broden, 4th District Council Member 41h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9173 Facsimile Area Plan Commission of St. Joseph County, Indiana 1140 County -City Building 2278 W. Jefferson Boulevard South Bend, Indiana 46601 Re: Bill No. 37 -16 and Bill No. 38 -16 Dear Mr. Magliozzi: (574)235 -5567 TTY/TDD Pursuant to Section 21 -09.01 of the South Bend Municipal Code, I have filed the proposed text amendments set forth in Bill No. 37 -16 and Bill No. 38 -16, which would amend various sections of Chapter 21 addressing "Zoning ". This is to confirm, consistent with that City Code provision and Indiana Code § 36 -7-4 -607, that the initiation of both Bills was discussed at an Informal Meeting of the South Bend Common Council today, and that for procedural purposes the Common Council is initiating the amendments. Based on discussions and input from your staff, it is my understanding that both proposed ordinances will have a public hearing before the Area Plan Commission on August 16"'', and that the South Bend Common Council will hold their public hearing on August 22 °d. Thank you for your consideration. Most sincerely, J q � . Broden South Bend Common Council Member 41 District cc: The Office of the City CIerk Filed in Clerk's Office JUL 1 12016 KAREEMAH FOWLER MY CLERK. SOUTH BEND, IN LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director MAPREA'PLLAN COMMISSION OF ST- JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74)23S-9S71 Wednesday, August 17, 2016 r Filed in C ierW5 O ice The Honorable Council of the City of South Bend 4th Floor, County-City Building AUG 1 2916 South Bend, IN 46601 RE: An ordinance initiated by the Common Council of the City of So ag�a#er 21 of the South Bend Municipal Code, Article 3 by adding group resid o-speClal"- exception uses in CBD Central Business District; and Section 11 by amending the definitions of Dwelling Unit, Family and Group Residence. - APC# 2791 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of The Honorable Council of the City of South Bend was legally advertised on August 4, 2016 and that the Area Plan Commission at its public hearing on August 16, 2016 took the following action: Upon a motion by Robert Hawley, being seconded by Oliver Davis and unanimously carried, a proposed ordinance initiated by the Common Council of the City of South Bend, Indiana amending Chapter 21 of the South Bend Municipal Code, Article 3 by adding group residence to special exception uses in CBD Central Business District; and Section 11 by amending the definitions of Dwelling Unit, Family and Group Residence, is sent to the Common Council with a a FAVORABLE recommendation. The proposed changes recognize the growing popularity of non - traditional housing arrangements. Providing an opportunity for Group Residence developments within the densely populated Central Business District will allow for the changing trend in housing to be accommodated where the services and infrastructure are already in place. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Jo Broden SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T 1 0 S E P H C 0 U N T Y I N D I A N A.0 0 M I A R E A P L A N LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W, JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 August 17, 2016 outh Bend Common Council 0 Floor, County -City Building South Bend, IN 46601 RE: Bill # 38 -16 Rezoning: APC#2791 -16 - Text Amendment Dear Council Members: Filed in Clerk's Office AUG 1'7 1016 KAREEMAH FOWLER CITY CLERK, SOUTH KIND, IN The Area Plan Commission held a public hearing on August 16, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, August 22, 2016. Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: Ordinance: 1.) A change in the definition of Dwelling Unit was added, removing "household employees" A Copy of the revised Ordinance is attached. Public Hearing Summary There were 4 people that spoke in favor the proposed rezoning. • Greg Haka=4 on behalf of the NNRO, commented that the mission of the NNRO has been to re- establish and preserve the Northeast Neighborhood for families to live. The proposed amendment modernizes the definition, closes a loophole in order to preserve the neighborhood for families, and allows for opportunities for communal living where appropriate. • Marguerite Taylor, Vice President of the NENC, spoke of how Roger Parent started this effort decades ago and she is glad to see this change in order to help protect the efforts the neighborhood has made so far. • Torrence Moody, NENC Board Member, spoke in favor indicating a developer had recently spoke to the group and stated they would use this loop -hole to allow more than 2 unrelated individuals to live together, against the spirit of the ordinance and in conflict with the neighborhood. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.STJOSEPHCOU NTT IND $ANA. CO MIA REAP LAN • Beth Sanford, NENC Board Member, spoke in favor of closing the loop -hole. Unapproved student housing causes many issues for, the people in the neighborhood, including noise, parking, and safety issues. This effort will protect people living in the city. if you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, -M. &fig Angel M. Smith Deputy Director CC: Kathleen Cekanski- Farrand SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.STJOSE PH CO U N TY IND JANA. CO MIA REAP LAN Staff Report 8/4/2016 APC # 2790 -16 Owner: The Honorable Council of the City of South Bend Location: TEXT AMENDMENT Jurisdiction: City of South Bend Public Hearing Date: 8/16/2016 Requested Action: The requested action is a text amendment initiated by the Common Council of South Bend amending the Ordinance to allow single family dwellings as a permitted use in the MF1 Urban Corridor Multifamily District and the MF2 High - Density Multifamily District; and adding single family dwelling as a Special Exception Use in the MU Mixed Use District Agency Comments: The Department of Community Investment offers a favorable recommendation to allow single family dwellings through a special exception in a Mixed Use District, and is generally supportive of the proposals to allow single family dwellings in the MF1 and MF2 Districts. They have some concern that multifamily housing not be squeezed out from areas where residential density is appropriate. They further suggest two family dwellings should become a primary use without limitations in the M172 District. Staff Comments: The following changes are proposed: * Adding One (1) Single Family Dwelling as a permitted use in MF1 Urban Corridor Multifamily District * Removing Single Family from the list of Special Exception Uses in MF 1 Urban Corridor Multifamily District * Adding One (1) Single Family Dwelling as a permitted use in MF2 High - Density Multifamily District * Removing Single Family from the list of Special Exception Uses in MF2 High - Density Multifamily District * Adding One (1) Single Family Dwelling as a Special Exception Use in MU Mixed Use District Recommendation: Based on information available prior to the public hearing, the staff recommends that the text amendment be sent to the Common Council with a favorable recommendation. Analysis: Since the adoption of the ordinance in 2004, the housing market has continued to change and evolve. The proposed changes recognize revived interest in converting older homes back to sing - family residential and will promote flexibility in the housing market across additional zoning districts. APC # 2790 -16 Page 1 of 1 Bill No. 38 -16 ORDINANCE NO. AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE, ARTICLE 3 BY ADDING GROUP RESIDENCE TO SPECIAL EXCEPTION USES IN CBD CENTRAL BUSINESS DISTRICT; AND SECTION 1.1 BY AMENDING THE DEFINITIONS OF DWELLING UNIT, FAMILY AND GROUP RESIDENCE. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Since the adoption of the ordinance, the housing market has continued to change and evolve. The proposed changes recognize the growing popularity of non - traditional housing arrangements. Providing an opportunity for Group Residence within the densely populated Central Business District will allow for the changing trend in housing to be accommodated where the services and infrastructure are already in place. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.06 CBD Central Business District, subsection (a) (2) Special Exception Uses, is hereby amended as follows: (H) Residential. (in CBD Districts located west of the St. Joseph River): Multifamily Dwellings, Group Residence U Residential (in CBD Districts located east of the St. Joseph River): Group Residence f) SECTION 11. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21 -11.02 Definitions, is hereby amended as follows: Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as living quarters for only one (1) family , including provisions for sleeping, lawful cooking, and sanitary facilities. The term shall include mobile dwellings, modular dwellings and manufactured dwellings but shall not include recreational vehicles. Family: One (1) or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit, ; or, a number of persons, but not exceeding two (2) who are not related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit, shall be deemed to constitute a family. A person or persons residing with a family as hereinabove defined by reasons of placement by a publicly licensed placement agency shall be considered as members of that family. Group Residences: A residential facility whieh in addifiee to providing M combination of food, and shelter, may also pfevide seine eembimfien of personal care, social services, counseling services or transportation to residents; or a residential facility providing common living areas such as a kitchen living room, dining room or recreational rooms. Group residences would include halfway houses, work release houses or any other similar form of residential facility for individuals which do not qualify as a family or any other form of residential facility expressly provided for in this ordinance. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. City Clerk day of Mayor, City of South 2--, at in Clerk's 01111ce J, I a UG 17 2016 FOWL ER ERA� CITY CLERK, SOU i REND, IN 227 W. JUPEWNBOULEVARD SutrE 1400 S. SourH ftwID IN 46601 -1830 August 2, 2016 CITY of SOUTH BEND PETE BUTT' mw, MAYOR COMMUNITY INVESTMENT Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 Bill No. 16 -22 PHONE: 574/235 9371 FAX: 574/235 -9021 Filed in Clerk's Office AUG 0 3 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN RE: Personal Property Tax Abatement Petition for: AM General, LLC Dear Council Member Ferlic: Please find the attached information pertaining to a personal property tax abatement petition for AM General, LLC: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. AM General, LLC will be investing approximately $1,100,000 in the purchase of new equipment, as part of their Service Parts Logistics Operations (SPLO). AM General, LLC will be relocating their -SPLO operation to South Bend in an effort to become more efficient, reduce costs, and build a new Military Field Service & Training group that provides technical support and training to its customers. The project meets' the qualifications for a (5) five year personal property tax abatement. A representative from AM General, LLC will be available to meet with the Committee on Monday, August 8, 2016. 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 -5823. Sincerely, Aaron Kobb Director of Economic Resources PLANNIlNG NEIGmmHOODUc.AGEMENT BusI mlftwiopmm Ecommic souww UM CORCORAN PAMELA C. MEM BRIAN PAWLOwsm AARON KOBE Bill No. 16 -22 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5448 Dylan Drive, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AM General, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5448 Dylan Drive, South Bend, IN 46628 and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the Not AMONM purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant' to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council Filed in Clerk's Office AUG'O '?016 KAREEMAH F0 OWCLFAK omftm 19010, IN TO: SOUTH BEND COMMON COUNCIL FROM: AARON KOBB Filed in Clerk's Office AUG a 3 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: AM General, LLC DATE: August 2, 2016 On Wednesday, August 3, 2016, a petition from AM General, LLC was received and subsequently filed with the City Clerk for personal property tax abatement consideration for property to be located at 5448 Dylan Drive, South Bend, IN 46628. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY •➢ Purchase of approximately $1,100,000 of new equipment as part of their Service Parts Logistics Operations (SPLO). AM General, LLC will be relocating their SPLO operation to South Bend in an effort to become more efficient, reduce costs, and build a new Military Field Service & Training group that provides technical support and training to its customers. ➢ Estimated total taxes on new equipment over the five abatement period — $94,366 ➢ Estimated taxes abated on new equipment over the five abatement period — $43,483 ➢ Estimated taxes to be paid on new equipment over five year abatement period — $50,883 EMPLOYMENT IWACT Per the petition, it is estimated that the total project will: ➢ Create 123 permanent, full time jobs within the five year abatement period, representing anew estimated annual payroll of $9,307,459 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES TIM CORCORAN PAMELA C. MEYER BRUIN PAWLOWSKI AARONKOBB ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 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 located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (S) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. Q w N z w CLI o N N N N PPP co CD IT T T T m 'C"i � F� mco co m1n Q U) (6 C r T r • o e r'OOOO 0 o N oo �' 0 CA 04 O r fJN I OvCOO N Go tiU N N tiN C N O N N M O r C14 pW, co En Cp CrN 0000 NON COONt CO t° r r LnO 0) OO �~' CD t^ CL CC) N Vr GD f N V -C co OOOOO °OD N0N0N IiS iqo ` C 10 f°CD m N 000 N N N r LO m J O 't ce) CO M ED N r r Z m rn�0 000OM a COO M p Q Q w N z w CLI o N N N N PPP co CD IT T T T m 'C"i � F� mco co m1n Q U) (6 C r T r • # pOO O 0 o N oo �' 00000 p 000 o co rOr r r O00 Orr 0 CD fn CO 3 -m- C m X Z 11OO1�N NOO) M CA -C, Cn CO tiN i- O CO OD N O O O N C14 N P Cp CrN a Cp COONt CO t° r '00' fA 0) N �~' CD t^ CL U C Vr GD V -C co IiS C J e 0-1 ^0000 000 0 °0 Z m rn�0 000OM p Q N S S N N N �V N VO,' sM.- sM-. d �NNan -ems- d! ¢ a •0"Q' C .9 m e (a C O o 000 000 C 00000 O tl! � C C N MOO X .S- Q •�i_. U la `t w 49 t fp rn c L US U C Q hi O ;U TNM V'CC> m 7 N t6 l6 R CO > � - \ } } } } E m :5 w o O n off-. ZQ o p om F- —ID m C Crj O C C6 Y E _ ° N m 7 "a T d) U w W = o crr a ti) f m L m `� � v .. m �= a CAM O i- c E a W Cm.1 0 c Y U 07 W CO N m Li - J3 m C4) m m m E _ f0 oc m (O —_W 3 ~ m W t,3 E 15 Q { '•' �. tam�i 6 m Z - $ 2 LZ '2 1UUCi = E C3 cQQ E . H � rn0 a r e F tio�� 3 ��!►,S�e��f 4> � -rya, � YO �, f►+e�rJo�'da .., . � s1�, � . I - , SPLO.Footpr�nCRed97 1 m I. rds -b v..+ ,'r r�Y3 .a3 -rxsx MN G*MMI LLC a' S lt F ='yl aa5 r�: �� AAerrnarkst Wewhowt�a Divtslon - Son&& Parts La9tsltcs dperegon (SPLO) - -�y,� AA)(�etl6ratoogi .• >. , . _ ,.. $946 �ylen Drive 6lediie rn -Go@ Panlagaprairj® Sou9n 6etd'IH .k 5 � �"� . 26 acre alts �- 9 h:* Leased . MerIr.LagtelkxSupportSPLO a r 408 Soum ByddE Street s 574 252.0707 Tt�S a ' MMWWSMM148594 t W ��?% %usH . g- V.P. -MEW ly Adilias.SftorljParc ' oiCt Stllretdot a, 132DD tMdQnley Hthway P aNe �:r 67M2.ri8, �754G a'��'t�•i<om•y:�° xsY�,t.3„'k- .;.::.�,� ':_�i -• MMteMn IN, IN 48545 t ; Uavid.Wt angararel com Atkltees lgisl a.d[Ya1ep6Laef pitbars Project Overviow AM Gw*W is a tMdW wtered In South Bond. Wbno. 'Rte company Imoes Ks hWmy Uam the 1503 starting wlth 9w, °b""3'ciq °"�?1d"+ :' Slsndard Wheel Company to WYlya Owederid Motors to Kaisar Motors to FGtlser Jew ars! hdudes On wire Studebaker thcughAramkn Motma AM G6natal prvducatl Mpllary J6eps. PoatOlboa vaMdss. ConmardetJeepe, tntaee, Mt�teiy 2 ewa6�atcarowal - M 112.ton and 5 ton Taroks In Soutlt Bend. IrMlatla in the late 1870'x, AM Gerterd deaigrted the FMAMVYV and p k at® : rwfaaraed to AM Gercereia MltltaryAssembfy Ptarrt (MAP) In MWmwaka, Indana. The tiMMNN led to commercial 1tllnitHBS Blre the HUMMER H1. In 2001, AM Geterel opened a netxtedRy in Mteltasraks that tai6l HUMMER H29 for General Motors The Commerolal Assembly Pkant (CAPj now praduoes Marades (t deco and MV-1 taxis. AM CwiwW provides allennarkst vel" supportfiom Its Service Parts Logistics Operstlons (SPLO) kAWW Coated in MisAmvake. IN. fhb do Is a 450.0008F campus that comalns a we dwm operation WM over 13M0 unique service parts and a liffilwy Fleid Service to Trd*g (MFUT) group that provides tedmioai support and baiting lob customers. AM Geramdwants to relocate the SPLO operatonn to this new ails to become more elRdeat to reduce costa and Ilwants to W. bind a new up Iodate MFS&TTrak ft Cerder that be8armsets student nee am mttY(pkr Iateoonnaded buUngs; R is too large forcurrsnt b sine a denw* Cre parts market Is very compatidve and AM General needs to reduce costs to i .. _ amdwdnl* WMtng WIN dowAM General to change its prooesaesand ad Jw;,iaq the qwcj�p 1. -- — rrtoteaddetL LCD Al 14 Bladdlaorn -G PortageF?rairie ce7gN;iliseiKel llEis Fl�a°ao tiaen = undefcoiroUuctbn • Hthlstsb "pitlltaifofpsf��d��ropi Asia � �- `.:' equtpswd has been Wigged, we are avaluettng am appodrWty to move €� Uw .y� i''x 3 5 -sssa ��- ... • . ..:.• .. .. m � 7 ,: t .Y�j� = 3 "' > °: "•:z 123 '538.38 .... .... .... .... .::. uary�nYfai!� �I,� q'i y� .-Elvp�t?ui�eE�� � �.zy. Yes 1d ` t - 3=• 2015 - 2014 2013 ''li�iYHts�tiirpNfs., - 'i w.fil� 55t- a97.'iY�- 114 �.fi�_c- •'Jf'S-w:_ •'= - '�� 7'fl�' •per }i�Yil !:" !�`�'_J.� - >I`. -_• _- 197 - 0 208 0 228 0 The nm*w9 np -erAs aYAMG 1. u- naand. # ". IbAMGanem s . p 84 0 0 cmnrnhmer�tlodvw*anAhr8n*n. 14- 0 14 0 15 0 Th a Wd�ma ftmt ThbbV40ey�oA=zh y v, r, ON kx&WOn varbisge as wall as lift 313 0 317 0 30 0 eoa rpftwasmedmWsdhoM. __ b4 'S{ � >��si •� 'YJ � tee c� r •�l�s�` `� p r e li��a"�iOFr �� � � %W�te�le Plit�te s � � - �-��Ui N2f FIR", -W w ' 'm°rt"�� P3..�+,�k, .+'1'�"?' ..iv3' YFa � ••rAy ' ii;x'c.'x'' .. 'ux ; f �G .*. Yes 20 20 .! a k._� x. <. si s a �r a P :'lAln��si Yea . 20 20. .M.Rr r 5'S:r We 19 e t t$,:zro 19: 1JG� 21 w ! . is 4 n Pb� 20 y .'` x, a�w 3 °'•�'�`5�,^^zfi�5''A'r -:.� 'ha, u 'v' -'x Cb 141 RelsteilYOuineVl ` Yes 33 39 :9.•x:, y e£� yes, 34 34 G prlt}e�ttjefjts_ `a` Yes 29 .29 isy r = z Yes 28 28 No IS 7777 Pfal�deTrl�rl 3�otiat!:7s�STa!�ce: .- _' No 14 ' G, ProVde b!!P Aslsted Mbu31n$.proram_ No 8 l t1'1»totiW W' ' 8•tnsfit Rilehd:.. ' 124 162 3? -' 1AioroiRelated ?: A• l? Fe Poe" Possibly 42 xa .y .. Yes 41 41 -!e . G.;: �yN?ns4$s a1drat i►cttotlMan.: Yea 35 35. T yn�t•.IttCJ Yae 94 3.4 $iiltoti[gitiiraelt6lded_ 110 152 ?t!pR: Unt►al- aet Jdalatlo- tothe`:. _p;SB Yes 84 84 Slibd3Mlf�Igi:FYd)Ity:'. 84 84 " - =' � Ifio01•pliove: U7 539 ! PaTSOt�p��.•.TT- vV$etkt b?o. 9a�la�gfirY P1P „7saewadvppluet MN WNiXk•�i5.f}�i�a _ �p'� "� �� . Wft aEtsthekd�Bt.Nleil�. t��r,... . :.. ix;.. tf.: E` ..'fik`_(s= :..C.,•a"i.'.•` -'`C:v „'.f-ad. 3^W- -Ri PIe3�tu�"s� 5 g„e i T- za- °v..t"`o.t'�Kxare'sv+� l� s }�itrY `.�9A'`%�G�f3.�• �SSr�'s+- ttsltth4 �a'A t4"t(rt�et : � Reel rtT+kes:. r Pe�elRroperfyi7#afx a���� S� �i�ivM• �''r `► ' I(eiieKe�op'fet)l7jaspttal,�Ids 49 t 8 p.sCSt bn lai ifiltverllliReswnh "35 ;• . - 9chteve;4 Pliyslcal, Elehient ofa Plaq _ . 36 Sub total Erpjbet palated _ 0 120 :' �werSkeProi4els` footih�falcie- sa`resilmutative)•.;. _-:-_ ti 68 G r_.1300%tio3999i_._: _ 6S �-:i+`- - }u6 tohlupirSieFioket 0 210 14 p `' Py(9f . B 1W r 26 26 39 ';Cj:.' PaS %fcril7fiof;6xteionC�sE.i:_;.. 52 ?L)..:� . P.ayfor7Cr�0�;i2F�xb��olr.zr �• - 0 131 - - Sub= foIjtstr`tn�R?75ti`T; - �W?W� �LWI�!y�'i�(ik� c`• 977 539 - -f ;- _ Tat PiiEBaflt_Pu>r;i ` 377 1000 1) How do I payray petition filing fee? Yourpetitimi f fingfee can he paid either in person or via mail tot Or online via paypal att City Clerk'sOf(jlce htip✓lsouthbendin pt- Igovernment! Attu: Depttry City Clerk ca 227'West j Va. +Suite 400 S South Ben4 Indla►ia46601 2) Certified Technology Park appropriate? (Pap on%underpmjectoverview) In the South Bend are diere fire only bra Certified Technology Perks, Innovation park mud Ignition Park If yaurproperty is.not located in either then the answer would be no. 3) is your project in a Tax Increuiental Financing aw) area? (Page one, under project overview) A snap of flu TlFareas can 64und ak http.11seWhbendia govt sites /defateltljg- filesldd/Cl —Development —areas nrap03lS.pdf 4) Has any 504 funding been received? (Page one, under inweattnent detains) $04 Funding is o loan thatcome from the Small BusieeuAdministration. This frntdingmust be applied for to be received. 5) Total, training expenditure — not catnulative (Page two, under fall time Indiana resident positions) The amount of money to be spot t per year on training overthe co tine ofthe project 6) Total number to be trained — not cumulative (Page two, under fait time Indiana resident positions) The amount of people that you will train per year over flu length of Ate project. If you have any additional questions that are not addressed 6)i this document, please contact Sarah Heintzelmon in the Department of CommunitylnvestmentatS74 .235.5842 oremailat sheintzeAwuthbendin.gov Filed in Clerk's Off oe JUL 13 2`016 KAREEMAH FOWIM CITYCLERK, SOUTH BEND, The South Send Common Council 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.9321 574.235.5567 TDD Members of the Common Council 4'h Floor County -City Building South Bend, Indiana 46601 Re: Bill No. 16-57 Proposed Clean Energy Resolution Dear Council Members: 16 -57 Filed in Clerk's Office A16 KAREEMAH FOWLER CITY LERK SOUTH BEND. IN August 16, 2016 Greetings. Bill No. 16 -57 has been the topic of discussion at two (2) informational meetings held by the Council's Utilities Committee to date. Ongoing discussions have taken place with Therese Doran, the City's Director of Sustainability, since the proposed Resolution was continued at the July 251 Council meeting. She is continuing to work on providing additional data on best clean energy practices for the City of South Bend. In order for more information and updates to be prepared, I am requesting that Bill No. 16-57 not be heard at the August 22nd Common Council meeting, so that more data can be collected. In this way, the Utilities Committee would have the opportunity to have additional discussions. To date, we have received a great deal of public comments, along with candid updates from representatives from AEP Indiana Michigan Power and the Sierra Club. As Dr. Varner noted, when he chaired the last Utilities Committee, he would like the final version of the proposed Resolution "...to be supportive of the best parts of both rather than completely objective to only one (1) side". I believe that that is a reasonable objective, that we should continue to pursue. I therefore request that Bill No. 16 -57 be continued to September 12th. Sincerely Co er Oliv Council ;ie - President e District Council Member cc: The Office of the City Clerk Therese Dorau, Director of Sustainability Sierra Club & AEP Indiana Michigan Power representatives News Media Bill No. 16 -57 Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA IN SUPPORT OF A REASONABLE TRANSITION TO CLEAN ENERGY FOR SOUTH BEND Whereas, a transition to clean energy has begun in the City of South Bend and nearby communities, with solar panels installed at the South Bend Century Center, South Bend Mutual Homes and Near Northwest Neighborhood;' and Whereas, Rev. John I. Jenkins, C.S.C., president of the University of Notre Dame, announced on September 21, 2015, that the University will cease burning coal entirely within five years, and cut its carbon footprint by more than half by 2030;2 and Whereas, at least six faith communities in South Bend have installed or are planning to install solar panels to reduce their energy costs and better care for the Earth, including the First United Methodist Church, Islamic Society of Michiana, Kern Road Mennonite Church, Olivet AME Church, St. Anthony de Padua Catholic Church and First Unitarian Church ;3 and Whereas, the South Bend Century Center expects to save $1.5 million over 15 years by installing solar panels, LED lighting and energy efficient heating and cooling systems;" and Whereas, Real Services provided winter heating assistance to 9,432 struggling families in its Northern Indiana service area in 2015, and summer cooling assistance to 9,202 families that same year;' and Whereas, investments in solar power and energy efficiency in South Bend could benefit our local economy while reducing energy use and making it easier for residents to afford their electric bills; 6,7 and Whereas, with more than 146 watts installed per person, Indianapolis ranks second in the nation for solar power capacity per capita, second only to Honolulu, Hawaii, and ahead of all other U.S. cities such as San Jose, San Diego and Albuquerque;8 and Whereas, Northern Indiana Public Service Co. offers a program to purchase renewable energy from customers through a program that is creating 35 megawatts of solar, wind and other local energy in Northwest Indiana;9 and Whereas, Indiana Michigan Power (I &M) has begun installing small solar projects totaling 15 megawatts'0 yet still generates approximately 40 percent of South Bend's electricity from the 2,600- megawatt AEP- Rockport 1 http:// www. iaced .om /wa- wntentluoloadst2015 /07 /South- Bend- SUN - Solar- Awards.pdf 2 httpJ/ news. nd. edu / news /61083- notre- dame - goal -no -coal/ 3 hnp://www. southbandtribune.com /newsAacal/ south - bend- conareaations -tum- skyward -to- conserve - enemy /article 732c968d -b43f- 59ae- babd- ac8e079ebbaa.htm1 4 {.{{ n...//. 1...aw.i.....w.. ... {I-L......d ....... / --- a...........t.... ....M..... — L. —....1 J -11__ 8 htto:/ Mshtv.com/2015 /05 /27fforbes -indv is- 2nd - best -ckv- for - solar- power/ 9 hops:/ /www.nipm.comf our - services / renewable - enemy- proiectstfeed -in- tariff- pmaram 10 httpsJ/www.indianamichioanpower.comf info/ newstviewRelease.asr)x ?releaselD =1695 y Resolution In Support of Reasonable Transition to Clean Energy Page 2 coal-fixed power plant," the second most toxic power plant in Indiana 17,13 and the nation's sixth largest carbon polluter in 2014,14 according to the U.S. Environmental Protection Agency; and Whereas, Dr. Norma Kreilein, a Notre Dame alumna and pediatrician in Washington, Indiana, says pollution from the AEP- Rockport coal plant is harming the health of children and their families in southern Indiana and the plant should be shut down; 15 and Whereas, the AEP- Rockport power plant sends hundreds of millions of dollars from South Bend and other I &M communities each year to pay for out -of -state coal from Wyoming and Kentucky; 16 and Whereas, I &M must decide whether it will spend more than $3 billion of customers' money during the next 12 years to add more pollution controls to the AEP- Rockport plant or invest in clean energy jobs and technology in communities where I &M customers live, such as South Bend, Elkhart, Fort Wayne and Muucie;17 and Whereas, I &M's lease- operate agreement expires in 2022 on one -half of the AEP- Rockport plant owned by a group of out -of -state corporations -- General Electric, Verizon, Philip Morris, Citigroup and J.P. Morgan -- who use the plant's assets to reduce their income tax burden; 'I and Whereas, according to I &M's own analysis, phasing out one half of the AEP - Rockport plant in 2022 and replacing it with cleaner forms of energy would be less expensive than I &M's preferred plan to keep burning coal; 19 and Whereas, retiring the AEP- Rockport plant would achieve half of Indiana's carbon reduction goal under the federal Clean Power Plan, 20 reduce financial risks for customers, and potentially generate more local jobs and economic opportunities; and Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common- Council calls on Indiana Michigan Power to transition as expeditiously and cost - effectively as possible away from coal -based power to cleaner forms of energy, such as wind, solar and energy efficiency and to do so in a reasonable manner that minimizes rate impacts. I &M's transition plan should include: 1. Identifying locations in South Bend and nearby communities where jobs can be created through investments in energy efficiency, wind or solar power; and 2. Developing a more aggressive plan to weatherize and improve energy efficiency in homes with low- income residents so families can afford their utility bills; and https• //www indianamichiganpower com/ofobal /utilitiesAib /docs/ info/ Droiects/integratedResourceP[an/ 2015 %201 &M %201RP %2OPublic% 20Summary.pdf 12 https : / /iaspub.epa.aov/triexpiorerAri release.facility 13 http: / /enewspf.com/ 2016 /02/02/new -epa- data -im- facility- 2nd -most toxic - power -plant in- indiana/ 14 htWs : / /ahodata.epa.aov/ahgp/main.do 15 http:// www. ooumaigazette .nettopinion/columns/[)octor - -s- prescription- Less -I -M- pollution- 11896586 16 Source: www.sni.com (subscription service) 77 http: /Iwboi.org/post/coal- fired - plants -adapt -new costly- eaa- standards#stream/0 18 hntys• / /drive (iooale com/ file/ d/ oB- i)OvpoYthHLaU5Zb3FIZEJPcVRHZzBjUi [WdWN40XJDSEFB /view?usp= sharina 19 https:lldriye cioogle com /file /d /0B37irMi-Ca JWmlBeEdQTldTRFk/view?usp= sharing 20 At 19.7 million short tons of CO2 emitted in 2012 and 17.4 million short tons in 2014 (ghgdata.epa.gov — metric tons converted to short tons), the AEP - Rockport plant represents more than half of Indiana's Clean Power Plan goal to reduce CO2 emissions by 31 million short tons by 2030 (https: / /www3.epa.gov/ airquality /cpptoolboxlindiana.pcif) . Resolution In Support of Reasonable Transition to Clean Energy Page 3 3. Working with the local community in Spencer County to create a just transition plan for AEP- Rockport plant workers and surrounding communities who today are dependent on the plant for income. Section II. The Office of the City Clerk shall send a copy of this Resolution, following Common Council disposition, to Indiana Michigan Power Company, the Office of the Utility Consumer Counselor located at 115 West Washington Street, # 1500, Indianapolis, Indiana 46204 and the Indiana Utility Regulatory Commission located at 101 West Washington Street, Suite 1500E, Indianapolis, Indiana 46204. Section III. This Resolution shall be in full force and Be fro er its ado tion b e Common Council and approval by the Mayor. Co it Member Ciyy J. Davi , Oh Distnct Common Council Vote Totals: In Favor In Opposition Council Member Tim Scott, 1St District Council Member at Large Gavin Ferlic Filed in Clerk's office L JUN 2 1 2016 KAREEMAH FOWLER CLERK, SOUTH BEND, IN 227 W. JUMSON BOULEVARD SUFTE 1400 S. Scum BEND, IN 46601 -1830 August 17, 2016 CITY OF SOU'T'H BEND PETE BUTnma, MAYOR COMMUNITY INVESTMENT Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: 3B Tech, Inc. Dear Council Member Ferlic: Bill No. 16 -65 Pnom 574t235 -9371 FAx: 574/235 -9021 Filed in Clerk's Office AUG 17 2016 KARMMAH FOWLER CITY CLERK, SOUTH BEND 9 IN Please find the attached I information pertaining to a personal property tax abatement petition for 3B Tech, Inc.: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. 3B Tech, Inc. will be purchasing and renovating the old Invacare facility. This will enable them to continue to grow their brand and e- commerce businesses, remain in South Bend, and expand their workforce. 3B Tech plans to renovate the existing warehouse with new racking, automation, and support equipment. At the same time, they plan to expand the existing tech room and add a lab to support in house R&D for new products. 3B Tech, Inc. plans to spend approximately $640,000 on the purchase of new equipment along with $200,000 towards building improvements. The project meets the qualifications for a (5) five year personal property tax abatement. A representative from 3B Tech, Inc. will be available to meet with the Committee on Monday, August 22, 2016. 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 -5823. Sincerely, /4 /e-r� Aaron Kobb Director of Economic Resources PLANMG NEIGHBORHOOD ENGAGEMENT BUSUG S DEVEiAWM1RNr ECONOMIC RESOURCES DM CORCORAN PAMELA G MEM BRIAN PAWUMM AARON KOBB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: AARON KOBB Filed in Clerk's Office AUG 17 2016 KAREEIl�A I FOWLER CITY CLERK, SOUTH BEND, IN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: 3B Tech, Inc. DATE: August 17, 2016 On Wednesday, August 17, 2016, a petition from 3B Tech, Inc. was received and subsequently filed with the Catty Clerk for personal property tax abatement consideration for property to be located at 7250 Vorden Pkwy, South Bend, IN 46628. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY ➢ Purchase of approximately $640,000 of new equipment enabling them to continue to grow their brand and e- commerce businesses, remain in South Bend, and expand their workforce. 3B Tech plans to renovate the existing warehouse with new racking, automation, and support equipment. At the same time, they plan to expand the existing tech room and add a lab to support in house R&D for new products. ➢ Estimated total taxes on new equipment over the five abatement period — $54,904 ➢ Estimated taxes abated on new equipment over the five abatement period — $25,200 ➢ Estimated taxes to be paid on new equipment over five year abatement period — $29,704 EMPLOYMENT HdPACT Per the petition, it is estimated that the total project will: ➢ Create 100 permanent, full-time jobs within the five year abatement period, representing a new estimated annual payroll of $3,536,000 PLANNING NEIGHBORHOOD ENGAGEMENT BUsINESS DEVELOPMENT ECONOMIC RESOURCES nM CORCORAN PAMELA C. MEYER BRIAN PAWLOMYA AARON KOBB ABATEMENT QUALIFICATION l . A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 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 located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. Bill No. 16 -65 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7250 Vorden Pkwy, South Bend, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: 3B Tech, Inc. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 7250 Vorden Pkwy, South Bend, IN 46628 and which is more particularly described as follows: Business Personal Property and which has a Key Number to be assigned be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1 -12.1 et seg., and South Bend Municipal Code Sections 2- 76 et sea., and; WHEREAS, the Department of.Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code.6 -1.1 -12.1, &M., and South Bend Municipal Code Sections 2 -76, et m., 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 Investment Committee ofthe 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 finds pursuant to Indiana Code 6 -1.1- 12.1-4.5 et seM,c ., 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; (L 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 H. The Common Council hereby determines and finds that the proposed new equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections i 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 recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be 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 as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. 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 Rill force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Filed in Clerk's Office AUG 17 2016 KARENFAI-4 FOWLER CITY CLERK, SOUTH EE7 ;D, IN RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7250 Vorden Pkwy, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR 3B Tech, Inc. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 7250 Vorden Pkwy, South Bend, IN 46628 and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing. all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION H. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council Filed in Clerk's Office AUG 17 2016 KAREEMAH FOWLER CITY CLERK, 1,;O F'`l SEND, IN h6 000�p0e� N mrOti Cl� MN }� aOMC OD MrN ra- .ODQ. ON00 hr Q N w r t0 . i 1 TO log C) Q2 � ONgp r � q ONaD O Npp tl O z N — VI- W OD 010 OD n (7) W OD 0) Q Nrr to ti r 3E 34 0000 POI OMM IDtO V'rM LO 0 LO CD 0 0 O H 0 N OpD OD n. 1� V7 O V' 01 N_ m 10 r 0 0) 0 M N r 0 COO 9 00 t0Ot0 OtO tO $ a rn CD La O O O 0 OD N O N co m N N V7 OS 0) Q~ t0 per„ M M LO U c Q V � y ■ 3 C co Oyj X00 0 � <0 ovaa'° CD m m m ZQ�I COrnnat� C O r m N to N- I� d. ~ m M N O 00 V #6 QN N ttj rrr t0 N � m QO c a o coo 0OO °c° 00000 0_ M F' m �` ) L v> �*~ !gym cs Q W5 a C y� c � 8 O ty� N p a O r N M V' O a� y T4� g °� N Y MC G d 49 0. tu 9 Q. m CD Z a' _ UJ a r' co c c U m` L sti . LL Sg tc� m N d :3 d U K�7 m (Z U3 y a ¢ �z m �UZ m�Q� t cv C) LL 3B Tech, Inc corporation MM 7250 Vorden Pkwy South Bend, IN 46628 4 Acres 80,000 y Johnny Zhu Owned Brett Barbour Vice President $431 William Richardson Dr 574- 968 -3355 South Bend, IN 46628 brett@3btech.net Johnny Zhu Vice Presiderd Bruce Huntington 105 E Jefferson Blvd #400 South Bend IN 46601 bdh@bhlavryem.net 36 Tech, Inc provides Branding solutions to a variety of customers, Including our own subsidiaries. We also host E- Commerce solutions providing 62B and B2C solutions to our customers. Currently in South Berl, IN we host a variety of positions that support these activities. We currently support over 10 unique brands in house, and are worldng on many' more. in addition we warehouse and distribute products out of our existing 40,000 sq. foot facility. We provide web hosting, advertising support, advanced customer care, and a tech lab that provides repair and refurbishing services. We also house executive, administrative and accounting support in South Bend, IN. As we continue to grow our Brands. E- Commerce business, and continue to expand our business distribution models we simply need more space. The purchase and renovation -of the old Invacare facility would provide us the needed space, and allow us to expand In South Bend, IN while maintaining our existing employee base. We YAP renovate the warehouse with new raddng, automation, and support equipment needed for our expanding warehouse needs. At the same time we will expand our Brand support, customer care, E- commerce management and support teams. We will also expand our existing tech room and add a lab to support In house Research and Development for new products In the space gained In our existing facility. With the added space the warehouse supports we anticipate creating an additional 100 jobs over the next five years, with snmeddate needs of over thirty employees just this year atone. We are a growing company with nearly two decades of history In South Bend, IN. The property will allow us the needed space to grow locally, while serving a customer base Blackthome West Business Park Yes, Airport Economic Developme d Area N IN No 1 900;000 1 150,000 2016 2017 2018 2019 7.020 2021 2022 2023 r wr sr rrr r rrr r rrr r rrr r rrr r rrr r rrr Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above 1) How do I pay my petition filing fee? Your petition filing fee can be paid either in person or via mail to. Or online via paypal at: City Clerk's Office http: / /Southbendin gov /government/ Attn: Deputy City Clerk content /tax- abatement 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Is your project in a Tax Incremental Financing (TIF) area? (Page one, under project overview) A map of the TIP areas can be found at: http: / /$outhbondin.govl sites / default / files /llesldcilCI- Development _areas- mapO3ls.pdf 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied far to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be. trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintwiman in the Department of Community Investment at 574.235.5842 or email at sheintzeOsouthbendin gov V Filed in Clerk's Office 1Y sus z Q .`rx vy'a�Itrc.K ' WWI n.,; 4 x r k F 3 ➢ . ar rum r BE7E."� c'�:: '$-.. ..'tr�;',"<r.,`+.'..: ,..:3 ;.� RRIC�Ni41. PROP�R`CY IVIG 7 Q 2160 /PP ?$care Form 4+iYB� ' Pres@Pi060? - 1HWDep6iim6nt' of L6cai 9overhMdfit PTI afii>e PRIVACY M07IGE i tW�r��` f1 FOWL R _ St CfTy C qn.L, JT�f �, �� .. of ' ein�roe pear a;ldoy� C [fie des early , rnr •ta' ridi_ i pat am � prop . .. , . awn:sr is confidential per iC t3- '1.1- 9,Z.t -6 9. . YAW77RUCTIONS n Yids Statement must be submitied.to the body designating the Ecvt►amk Rev(talisa#ion An;a pr#oj toe i2ukilr hearJng f the 4fesrg>tat/pg body requl�es < In ffo177 xhe app(1caLrt fp �ItaKjng 1fs;dao {soon about wir #h8r to de hjnafe an conom(c Revlta izatl0 Area Otherreise this statestrent ust pe 1 s�rfnitted to iilateslgna #rOg bpd 131 ORtr e. person fnstaJls the new mamrfactunng equrr(ent r1n �£ rfsseamh end development equipment, and/or IogittidtUibuti0rt egyttfep(arJs�%rJgformatron techna %y7{uiPntent forwhlch the person f$isfie5 to'e!a' m a dedGctlon` 2. The statement of benetlGs foirit must be submifta� o tb da�srgn ffng body and the.iRme deslgnatei(an econ'omlo retrltaAMBOt aiea before tf a Jnstallatlon 0 qualllying abatahis equipmeitf for which the persoM lesln "s to efaim a deduction. ' 3. To obtain a did ctlon,- $ Berson m 0 a certified Ueductton schet{i fg lth tl;e;peYpoq ;,per iK.gigpertX rgtutr# on a ,ceii#r9ed dequcttQn S h ttpta: ?• {Fomr f03 -ERA) tvlfh the towrtshlp`assessor of the #ttivn hl�f�iv/►ere tthe pr eziy is sfttia ed or wi#ti ha cougty assessbr.9there is no township assesaor for rite township; ' The 10s•ERA must be flled between - an`uaty 1 an if May 1� of'the dss ssriie�ft +eat lfi'ichteff'` »eru manufactWHng equipment a�id/or•researttrd devejQptnt equipri►eht and /or {gg'isHdrstnbbon,aqulpirlant and/or.. #norirJaff� techtology er#uipinetJ# 1� ,InC }tgl/pd and Wily fUrtcElana/, itnfe'ss a f lhfg exCen ion has beets obtained.' A pa n:Wh obta7n a fling extenEsloh pine fl(e tl a form tweerr January I and tffe OgiVilded .due date of that year c 4. Property oiy#j em. whase, $ tatement of Benefits was approved ►pusf submft Form. cF 1/PP annttgily #q shpw compliance wtth tide Statement of �gnaflts (1c 6-9,1 i21=r56) _ S Fora Form S &11PP thatrs approved after June 30 2043; 00:4 slgna�tmg burly is requireo'fo esfabNsh an ab>7tehlanCsc1retlule for:each deduction allowed Fora Fo -1Phpf is app %vad pHorto July 1, 2013 the abat�pmentschedule approvf byfhe declg yr> mafns to effect {IC ¢9;t .1 »1 x r.,e...i',usr.F..xsa�.,,u f,tu:.:3^::. .....:.... .... .. xw:•. rt b r 1 SECTION INFORMATION u° s N'v 3 4 r� FOR USE OF DESIGNATING :•. We have rev.1twed our•prlor actlor!s relating to the designation of this ecoitorhic revitalization area and find that the:apppcanlineets the:gonerai resolulion, seed tlnde .:lC. 619, 92.1 2.3, .proYldes „for t ie fgltov g UrrNt@tio i`s as adopted in<6i9 resotgtign previously approved by this body. $01d- -0 ;, � arit�htnz @d urger tCtii -t � 'f,21 2 ; the �esrgnated area h>tsbeen limited to a period of time not to exceed calendar years ” (see belowj. The date this designation expires ,. NOT!`: this question addresses whether the resolution contains an expiration agate for the designated area. B type of deductioh thdrIi il 10. ftdl i ttfe designated area is'litnited29 ' ❑ = ❑ N ' ❑ Enhanced Abaibment perk & 1 d 121.18 f 1 i:166 iibtibri bf new meni btudng agtnpment ' +Yes o s _, s a Ch�edrb ®Srria(nsnhansedaha$mehtwss 7 ifrst311656n of nbW res'eaft#) d,deveiopnt egu�pment, ©Ylia . r dititesafypes , } approved #ardrie ormore 3 Installation otnewingis�icgxcltstrlbutian equ(pitlert> , ❑Yes j7 No, 4`: instaitatiori of n`ewnforrnation fechnolpgy equipriient; ` �7 Yes,, N o,- :. C5 Ttie ainot7rit'o"f deduction applicabfe o neSv manafactudng ec(uipifie�t is limit Ito sb cast with fin assessed value o +` �OhobothJtnesmaybeledqutosi� /IsleAjt;ifdetreq) i) t Aunt. de �cijon app i Itke fo view re&eari ft end dip",, loprl n e9uipr tent 1 fimlxed fb $ cosx with�iJn assessed value §c, ...,... $ : (One orboth !Ines may be fifted out to establish'a limit, if desired} E. Th`e arho(int of deduction apPNcable to new logistfaa{ dishibutlon'egti7pmerit isimited to $ : ` ` cost: with `an assessedvalue of �•� . (q fte grhotl� lipes, rnayt�e QIlgd.out to establish almtii tf deslnerf.) :. _ F The of 8educffon a plf'— b to new IMOrmabon tectxrolog}� egU)j�ment is Iitntted to cost w11fi an assessed value of amount Y G. Other Iimitaligns or conditions (specify) .1 H. The deduction for -hbW maiiGfadtUrng equipment and/or new research and development equipment and/or new logistical'd;sfributtoit equipmentand /or new information (echnotogy equpment installed and first claimed eligible for deduction is allowed for s nha$ce i m ent per w'- 1 12 M18 „ ' [ Mdte "' hear3 Q °fear 1 Year Year3' ❑' Year 4' . . ; :. .. Number of years approved. ` CI Year 6 ❑ Year 7 ❑ Year 8 ❑ Year 9 • ❑ Year 10 (Enter one to twenty (1-20) years,' may not .. ,_ .Y exceed iWenty(20)yeais.). L For a t`tatemerZt of Benefits.approved after June 30, 2013, did tills designating body, adopt an abatement schedule. per IC 6 1.1 121- (79 ❑Yes ❑ No If yes, attach a Dopy of the abatement schedule to this form. Ifto tjie tie z�atidgbody7s regulied to establish an abatement schedule before the deductioh-dan be determined_ Also we have reviewed the inforiitation contained in the statement of benefits and find that the estimates and expectations are reasonable and have "determined tRat the totality of beh6f1 Js SufBc[erit to trishflr the deduction desenbed above. APProvesl �y (s�natum an ed Tleptwe number Date sVned (Month, day, Yew Pdntedn hieatautho *Wmemberbfdesignatingbody ' Name ofdeergnaringbody F' s Aflested by (signature e e of akeste , . .: Pnmw name or atilester " >" Jffhe/des�gnafgboy rrttrts the O irfie period dunrtg vyhiCh 8n sree)S an etwnaxnlg revitalization area, $jot IimitaUOtt does iiottanttif?e lerrgt}r oitfrne a taxpayer rs er d to receive @lied(tctiotr.to a number of. ars t is less than ttiefiumber.of years:designated under IC6-11 12.1 17 Filed in Clerk's Office Fi' 4, 1Al- '1��•���.:I�IiKI'fh���"r,�ICIM ��1 ., ;.. ,.- ,_ : � , �i.l�w+..^ --�'r : State Forrnb1Y67 (R6J 9¢- 14)'a-t'? Prescribed by the Department of t ocai Govemmegf Finance CITY CLERK, S UT H S�M f1, This sta embr is being'corripleted for real propeilythatgyallftas'under ttie following lndiaiis Cotle (check one boxy: 0 Redevelopment or rehablittation of real estate Improvements (10 6 -1.1-42.14) 0 Residentially distressed area (10 6-1.1712.1-4A � °FORM SB =1 ! heal �Prbporty r . ,P.i?IVAGY.NO GE . y intonn9tiop stns erring the cost of the propp�•rtIqy and spedfic ssiaries peat to indNidual empWyees by the !o y gwlterJS confid•nhai per ; Pct,1� 13� 1. This statement must be submitted to. the body designating the Econolnk RevitaNZatwn Area prlorto Me public hearing ►f the:designat1n'U b6dy i a4vires Information from the appAcant In making ris decision about whether to designate an Ecotromic Rev SiiW t16h Area..Othenvise, this statement must be submitted to the designating b6dyt3EFPRE the reiievelopirient orCehabN#atroh of real proper for tyhkh- t%teperson,wjshes...jo dArm u;deduGtign. i 2. The statement of benetJts form must be submitted to the deslgriating+b iifyal tTlie art 8'ileslgnated an economic revitalaatioir eras before fhe ire Fafhn of the redevelopment or rehabNilation for which the person desims.to cialrn s deduction: 3: To obtain; deduction a Form - 27 REmpst bellied with the EoumyAudHof beforeMay 10 In Me yearin which the adt�h�on °to assessed vahrailon Is � made orrmt Teter fhan th (30j days at%rtb assessmentnof+ is mal/edto the prop y pkwierHit was rnai/ed afterApdI 1,0 A property cgt!ner who M r felled to f1�e a dedu Hoft.a �ti tiori wlthki th t%sddbed, deadllrr�g rrYay lNe an applic bettiveen March:1 anti Hlay 1t) ofa siibsegrrbrit yoai -9. A property owner INho flies torthe deduWaffri usf pruutde the C6LnfyAnditorand desi�natirig body with a °F orrn CF1/Reat Property. Tha Form CFl/Rea/ i Property shout! be attached to the Form 322/RE when the deduWan Is first claimed and then updated annually ror each year the deductlon is appHcaq/e, ' ; IC 6-f i f2 >1- 9,s ?bj Z. Fors Foim SB.Mtal Property that is approved after June 30, 2013, the designating body is required to establish an abatelneni sctredute for each deduction allowed. For a -Form SB- 1lReal Property that is approved prior to July 1,,,WI,3,'the,, ,Abatement scheaiula.: approved by the. designating body remainsineffect ICS-1.1121 SECTION • • Name of .. ' Y� ;,; ,F . >; , � ' - • : - : } .. Address offazps (nriirrbererrdstreet staAs andZtPcode) Name OT Correa person Telephone number I &mall address 7n33.55 brett3htech.net SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Ntttttgpftte$Iprtang.bpdy Resolutlonnumber-:, . oca prop ^ ; ... 7777 ::.:• County DLOF thft d skicrnu`mbef 7250VgF q0 Pkwy St Joseph.:.. -• Desa7ptlon of reel propierly improvements redevelopmentr orrehebilitabon (tesesda4lionalshr ts! /necessary); Estlmeted alartdate (monC, day, year) .Upgrades to parking and expansion of office space. Egumatea�rnpletiori date`(rnoiotit day year) SECTION 3 ESTIMATE OF • AND SALARIES AS RESULT OF • • • • . PROJECT Curran# numt »r 5a�rtes Numbernitained Sa�(es Number additional Salaries 42 $15Hr 42 `' $1.5 100 $15;5 ASSESSED VALUE V. r :cosy Ctirtentvaiyes 3. 00,000 n0 Pius estimated values of proposed. project 200'n00.00 -, .. Lo., w lwas 04 *2 bein re laced QQQ:.SQ.: _ _ SECTION • . AND . BENEFITS PROMISED : EsCunated solid waste converted (pounds) rig dwastecortvertey (pounds} FOR USE OF THE DESIGNATING BODY 1A Al % p1li3irlit-meats the general standards in the Iresolution.adopted oitobe.adopted bflhWbW. 66.1pAssf, WtOb@ u rd dqO for . f011dwing jlr tlo rp. <� area : a I limited to period Of tinge vn vt 6.R."?T1 f liad ogh. hat Is alloWed. In the designated.area is Ilmilt6d to .M , 4, in0rds tj Yea No W� rehabilitation 01 estate ImPt6yer I Re foprh6ff Ah Of re e66 +;,.2 Resitler►tially �fatres�d areas Q •C7 C. The Iitfilwtil iff,- ftz,6,64d,bi-,a,dh, lio'.016abi-i is 11 W' Rt Other i6tions or cphdftI6,n5 (�P ri-M, 7, ',a W 04 , A H V-4 i A- une 30, 2013, this de�lgnpl!,., body adopt t per 101 F. Fora statement of benefits. appro did 9. y 10 a" 16 to v body . is required - to!ptabks . h an abatement schedule before the dadqpdo6,c4p be determil it no Igna fig bpt. , k M. ba akw e de du. described det6rmirpO that jpta!ll 'of beineffits Is suffiPlaht to ju o 4 q.. above. y le)qphohe number path signed (mom; daY Yeah . iffingbody -Njjpw, ofidedpallng body. ' if the designating bodtl limits the time period during .which an area is an eCOnOffdC (poWfizatbo area, that limitation does not - Ornit the length of time a &I.1-12AA7.- residentially: .was ..approved pror to July 1 2013, the .established ,In C ............ . . . . . . . . . . . . . . . ­-deductions June .......... , . ArI We deduction r) exceed flial is ptoved "r 2013, the deslorimph to establish an abate deduction period may not exceed ten g jeritA ment scheduli for each deduction allowed The Trl : IG *Ar A ' A 1,14 7 wo W ) Itation Q. property %!hem the For.m.8B-l/ReaI-Propi*!vww approVe.d. prlq�tqj.. 2Q13, the abatement B. or the redevelop treat _uly.1, -.. aeftpdul eppmFr Aijgnat[n�tbodkw -We For - eform SBA/Realffii63e 3013 approved after juL q A6 2073 JhOAIM n, below) *d 17- JC SAAAZI-17_,�. �4 bifiKid 6fjild ated to a re dn"ad,that Mcehi;dt13 d9duttlon-uncler based factors: i Ttie totalano q I je MI _ r0, por-pe js Qnal property tv 2) The number of fiew fuR time equivalenE�obs created 3 The average wage the n@w employees connpared to the state mirdmum wage. Is to ,a tie , teme Adei pt of benefitE une 30, 2013 (b) -Tlhlsui�w�ap�- &Ignab establish an abatement a. M ter. . - , - - a d cii aloled perc0pigg.", . M y r y 6 .Q :`till~ deleiCfQn i�abatenlent $chedule.may not exceed t8n (1Q) years, (d) An abatem e ffl-s410 aro r a particul ar taxpayer I befc;e JLdy 1. 2013, remains In effect until he abatement schedule expires under terms-of In Won I approving ving Of benefits. -the 'we a0ftilmiAlk 1300 CouNTY --CrrY Bun.DiNG 227 W. JEFFERSON BOULEVARD Sourx BEND, INDIANA 466oi -i83o CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHONE 574/ 23 5-9486 FAX 574/ 235-7703 DEPARTMENT OF CODE ENFORCEMENT RANDY WILKERSON DIRECTOR August 16, 2016 Tim Scott, Council President Common Council of the City of South Bend 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 Bill No. 42 -16 Re: Ordinance Authorizing Participation in Indiana Department of Insurance Available Insurance Proceeds Program Dear Council President Scott The Department of Code Enforcement respectfully requests that the Council enact this ordinance to authorize and direct the City of South Bends written request to participate in the Indiana Department of Insurance C'IDOI'� Available Insurance Proceeds Set Aside Program, and to direct payment of the associated registration fee. The initial $100.00 registration fee would be paid from the Unsafe Building Fund. I will be available as the presenter on behalf of the Department This is a State of Indiana program that requires for property damaged by fire or explosion that a percentage of the insurance proceeds be side aside and held in escrow until the repairs are made or the property has been demolished. Should the city have to take action, this law provides some protection to the city from property owners who might choose to take insurance proceeds and fail to repair or clean up their damaged property. On behalf of the Department of Code Enforcement, it is my belief that this ordinance is in the best interest of the citizens of the City of South Bend. Respectfully, Randy Wilkerson Director of Code Enforcement Filed in Clerk's Office AUG 1 6 ?0;6 KMEEMAH FOWL,Eq CrryCLMK, SOUTH BEND, IN Ei3R,fo Bill No. 42 -16 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING AND DIRECTING SUBMISSION OF A WRITTEN REQUEST TO PARTICIPATE IN THE INDIANA DEPARTMENT OF INSURANCE'S AVAILABLE INSURANCE PROCEEDS SET ASIDE PROGRAM STATEMENT OF PURPOSE AND INTENT The State of Indiana, through the Indiana Department of Insurance ( "IDOI" ), administers the "available insurance proceeds set aside" program. For municipalities that specifically elect to be governed by the applicable law, this program provides them with notice and certain protections in the event that insurance proceeds are available due to damage caused by fire or explosion to a building in their community. At the time of the -final settlement of an eligible claim, participating cities are given notice of the settlement and an opportunity to respond to the insurance carrier. In qualifying instances, the participating city can require a statutorily set percentage or amount of the insurance proceeds to be paid to the city, to be held in escrow, and potentially used for demolition, remediation, or other unsafe building expenses following any necessary legal action. The law is designed to provide some protection to cities from property owners who might choose to take insurance proceeds and fail to repair or clean up their damaged property. The potential benefits from this program far outweigh the modest $100.00 registration fee to participate in the program. As a result, the City of South Bend has determined that it would be advantageous to opt into the available insurance proceeds set aside program. The purpose and intent of this ordinance is to confirm South Bend's election to be governed by Indiana Code § 27 -2 -15 et seq., and further to authorize and direct South Bend's participation in IDOI's available insurance proceeds set aside program, and to direct payment of the associated registration fee. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Pursuant to Indiana Code § 27- 2- 15- 4.4(axl), the City of South Bend, Indiana elects to be governed by Indiana Code 27 -2 -15 et seq., otherwise known as the Indiana Department of Insurance's "Available Insurance Proceeds Set Aside" program. Section H. Pursuant to Indiana Code § 27- 2- 15- 4.4(a)(2), the City of South Bend designates its Director of the Department of Code Enforcement as the specific individual who will act on behalf of the enforcement authority with respect to Indiana Department of Insurance Proceeds Set Aside Program. The contact information for the Director of the Department of Code Enforcement is: Director, Department of Code Enforcement City of South Bend 227 West Jefferson Boulevard, Suite 13005 South Bend, IN 46601 (574) 235 -9486 Section M. The Director of the Department of Code Enforcement is hereby authorized and directed to: a. Complete the City of South Bend's online enrollment for the Indiana Department of Insurance's Available Insurance Proceeds Set -Aside Program; b. Submit to the Indiana Department of Insurance a copy of this ordinance with the above mentioned enrollment,; C. Submit to the Indiana Department of Insurance a one -time fee of $100.00 as required by Indiana Code § 27- 2- 15- 4.4(d) with the above enrollment; and d. Notify both the Common Council and the Mayor's Office of any future amendments to Indiana Code 27 -2 -15 et seq. Section IV. Pursuant to Indiana Code § 27- 2- 15- 4.4(c)(1), in order to cease being governed by the Indiana Department of Insurance Proceeds Set -Aside Program and to be removed from the list, the City of South Bend shall repeal this ordinance and shall do all other things now required by Indiana Code 27- 2- 15- 4.4(c) and as amended. Section V. This ordinance shall be in full force and effect upon adoption by the Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at o'clock m. Filed in Clerk's Office lit READING E16 2016 PUBUC HEARING 3 rd READING NOT APPROVED KAREEMAH FOUR REFERRED C YCLERK, SOUTH BEND, iN PASSED South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD SOUTH BEND, IN 46601 -1830 www.stjosephcountyindiana .com/sjchp /index.htmi Phone: 574-235-9798 Fax: 574-235-9578 e -mail: SBSJCBPC@co.st-josephin.us Timothy S. Klusczinsld, President 16 August 2016 South Bend Common Council County —City Building South Bend, IN 46601 Dear Council Members, Bill No. 43 -16 A Certified Local Government Elicia Feasel, Executive Director At the August 15, 2016 meeting of the Historic Preservation Commission of South Bend & St. Joseph County, the Commission held second reading on the proposed Local Landmark Designation for 806 Leland, commonly known as the Elbel House. The owner of the property spoke in favor, as well as the former owner, none in op- position. The Commission unanimously passed Resolution No. 16 -02 recommending to the Common Council the establishment of 806 Leland, for Historic Landmark status. A copy of Resolution No. 16 -02 is enclosed as well as a copy of the Proposed Local Landmark staff report, and a signed Owner Consent form from the previous and current owners. I look forward to its inclusion on a future Council agenda and am glad to answer any questions you may have. Sincerely, Elicia Fea el Executive Director Thomas Gordon (Vice President) Mike Voll (Treasurer) Jmmifer Parker (Architectural Historian) Elizabeth Hertel (Secretary) Kevin Buccellato Brandon Anderson Michele Gelfman STAFF Deb Paccell, Deputy Director Brett Hummer, Legal Counsel Steve Szaday, Preservation Specialist Filed in Clerk's Office AUG 16 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN HIsToRIC PRESERVATION COMMISSION of Sotmd Berra & Sr. JOSEF" COMM EST.fg73 Bill No. 43 -16 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FORTHE STRUCTURE AND REAL PROPERTY KNOWN AS ELBEL HOUSE AND LOCATED AT 806 LELAND AVENUE, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The building located at 806 L& d Avam (the "Property"), in the City of South Bend, Indiana, is known as the Elbel House, in part by its association with Richard Elbel, for his musical legacy, his long - standing service to the City through the Park Board, his passion for preservation of green space, and his vision for city planning, especially streets and parks, and in part due to the structure's unique design and construction. The owner of the Property has petitioned the Historic Preservation Commission of South Bend and St. Joseph County (the "Commission ") to have the Property designated as a Historic Landmark pursuant to South Bend City Ordinance No. 5565 -73, as amended. The Property is located within the Chapin Park Historic District of South Bend. The home was built in 1894 and is recognized in the Indiana Historic Sites and Structures Inventory of South Bend with a 2007 rating of "Contributing," all prior to its recent restoration. The staff of the Commission has prepared a report and recommendation for the' Commission. The Commission has reviewed the request and the Consent of the owner and has heard and discussed the recommendation of the staff for the designation of the Property as an Historic Landmark. Based on the HPC's Local Landmarks Criteria as adopted by the Common Council, the site at 806 Leland Avenue has been recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three areas. 1. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. The building fulfills criteria #1 as an excellent example of Queen Anne Victorian architecture. Built in 1894, it exemplifies the architectural style through extensive exterior decoration, including original spindle and fretwork, a mixture of siding materials, ornate and columned porches, irregular rooflines and gables. 2. Its suitability for preservation. The building fulfills criteria #2 by by the integrity of the original construction, being completely intact architecturally on the exterior, including siding, ornate trim, original front and back doors, and all but one of the original first and second floor windows. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria #3 by its association with its association with Richard Elbel, president of Elbel Brothers Music Store, and director of the South Bend Orchestra. Richard also served on the South Bend Parks Commission, being the only charter member to serve continuously until his retirement in 1939. He was instrumental in obtaining grants of land from property owners from Leeper Park northward, providing for the beginnings of what would become the Riverside Drive Parkway. In 1963, the golf course under development on the extreme northwest edge of South Bend was named in his honor. The Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Property as an Historic Landmark and for delivering a recommendation to the Common Council. Following the public hearing, the Commission has given its favorable recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. 5565- 73, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. Designation. The structure and real property known as the Elbel House and located at 806 Leland Avenue, in the City of South Bend, Indiana, shall be and hereby is designated and established as a Historic Landmark pursuant to Ordinance No. 5565 -73, as amended. That such designated and established Historic Landmark is more particularly described M Lot 11 Shetterly Place 1" Addition. Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor according to law. Member ofthe Common Council ATTEST: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2016, at o'clock—.m. City Clerk Approved and signed by me on the day of 2016, at o'clock m. 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED aAS�ED Mayor of the City of South Bend, Indiana Filed in Clerk's Office AUG 16 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN RESOLUTION NO. 16 -02 A RESOLUTION OF THE HISTORIC PRESERV A COMMISSION OF SOUTH BEND AND ST. JOSEPH INDIANA Filed in Clerk's Office ON AUG 16 2016 C IJNWPEEMAH FOWLER -CITY CLERK, SOUTH BEND, IN RECOMMENDING THE ESTABLISHMENT OF: 806 i E AND AVENUE, SOUTH BEND, INDIANA HISTORIC LANDMARK STATUS WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, Indiana (the "Commission ") exists and operates under the provisions of ordinances enacted by the Common Council of the City of South Bend, Indiana, and the County Council, of St. Joseph County, Indiana (the "Enabling Ordinances "); and WHEREAS, the Commission is empowered, . pursuant to the Enabling Ordinances, to make recommendations to the Common Council of the City of South Bend, Indiana for the establishment of historic landmarks; and WHEREAS, the owner of the property located at 806 Leland Avenue, South Bend, Indiana, (the "Property") has petitioned the Commission to have the Property designated as an Historic Landmark pursuant to South Bend City Ordinance No. 5565 -73, as amended; and . WHEREAS, the Property is located in the Chapin Park Historic District and is recognized in the Indiana Historic Sites and Structures Inventory of South Bend with a current raring of "Contributing "; and WHEREAS, the staff of the Commission has prepared a report and recommendation for the Commission, which has reviewed the petition and Consent of the owner and the report prepared by the staff and has heard and discussed the recommendation of the staff for the designation of the Property as an Historic Landmark; and WHEREAS, the Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Property as an Historic Landmark and for delivering a recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. 5565 -73, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY AS FOLLOWS: 1. The building located at 806 Leland Avenue, South Bend, St. Joseph County, Indiana, "The Elbel House" is hereby recommended to the Common Council of the City of South Bend, Indiana, for the establishment as an Historic Landmark pursuant to Ordinance No. 5565 -73, as amended. 2. This Resolution shall take effect immediately upon its adoption by the Commission. ADOPTED at a meeting of the Historic Preservation Commission of South Bend and St. Joseph County, Indiana, held on August 15th, 2016, in the Conference Room, 1308 County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND T. JOSEP President ATTEST: Secretary _ kL � F _ 806 Leland Avenue Based on the HPC's Local Landmarks Criteria as adopted by the Common Council, the site at 806 Leland Avenue can be recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three areas: i. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria # 1 as an excellent example of Queen Anne Victorian architecture. Built in 1894, it exemplifies the architectural style through extensive exterior decoration, including original spindle and fretwork, a mixture of siding materials, ornate and columned porches, irregular rooflines and gables. The building fulfills criteria #2 by the integrity of the original construction, being completely intact architecturally on the exterior, including siding, ornate trim, original front and back doors, and all but one of the original first and second floor windows. The building fulfills criteria #3 by its association with Richard Elbel, president of Elbel Brothers Music Stdre, and director of the South Bend Orchestra. Richard also served on the South Bend Parks Commission, being the only charter member to serve continuously until his retirement in 1939• He was instrumental in obtaining grants of land from property owners from Leeper Park northward, providing for the beginnings of what would become the Riverside Drive Parkway. In 1963, the golf course under development on the extreme northwest edge of South Bend was named in his honor. Elbel House 806 Leland Historical Context: The Elbel name was of great importance in South Bend from 1848 when Johann Friedrick Elbel, a 50- year -old musician and tile maker, along with his wife, Anna Susanna, came to South Bend from Arzberg, Germany. In 1854, Johann Elbel built a house at 30o West Marion Street in South Bend, which became the center of the Elbel family's musical tradition. The Elbel family founded the first choral society in South Bend in 1855. By 1867, nine Elbel families were living in the neighborhood around Marion and Lafayette Streets, which had attracted other immigrants from Arzberg, thus garnering the name Little Arzberg. The Elbel Concert Band and Orchestra, featuring Johann and Anna's sons John, Lorenz, Henry and Wolfgang, performed classical music at South Bend venues from 1858 -1918. Lorenz Elbel married Johanna Mainer in 1856, and they had six sons: Henry, Herman, Richard, Robert, Fred, and Louis. All were musically gifted like their father, especially Louis, who composed the University of Michigan fight song, The Victors, which was first performed by John Philip Sousa's Band in 1899. Richard Elbel (1867- 1949), opened a music store in South Bend at 114 North Michigan Street in i880. His brothers soon joined the venture, naming it Elbel Brothers Music Store. The store remained in business for ninety years. Richard served as president of the business. Richard Elbel, the builder of 8o6 Leland, also served as director of the South Bend Orchestra, and a South Bend Parks Commissioner. Richard Elbel served on the Parks Commission with George M. Platner, W.W. Ridenour and Otis Romine. Elbel was known as the "Dean of South Bend Parks." He was the only charter member of the South Bend Parks Commission to serve continuously until his retirement in 1939• Richard Elbel displayed a love for the development and preservation of green space from early adulthood. He served the city without salary and always insisted on paying his own traveling expenses. He was reappointed by four different mayors from different political parties. In 1920 Richard Elbel was elected President of the State Park Association. He was adamant of the need for city planning and in particular for parks and streets. He believed streets should include landscaping and a sensitivity to appearance, thus attaching himself to the landscape and urban parks movements which produced such wonders as Central Park in NewYork City and Golden Gate Park in San Francisco. He was instrumental in obtaining grants of land loo -too feet wide from property owners from Leeper Park northward, providing for the beginnings of what would become the Riverside Drive Parkway. In 1963, South Bend Parks opened Elbel Golf Course, on the extreme northwest edge of South Bend, named in his honor. Richard and his wife, Maude, had two children, Verniece and Donald. The house at 8o6 Leland was built in 1894, and the family lived there from 1895 -1903, when the Elbels moved to 605 Portage Avenue in South Bend, staying in the Little Arzberg Neighborhood, some of which is now incorporated in the Chapin Park Neighborhood. Description of Building: The Elbel House is part of the Chapin Park Local Historic District, as well as Chapin Park National Register Historic District. The house is in the Queen Anne style with two full stories, as well as a basement, and finished attic with windows. The frame house with brick foundation has an irregular plan. Wood siding covers the first floor, while the second floor and attic gables are covered in wood shingle siding. The roof is pyramidal in design with cross gables, asphalt shingles, and molded cornices below the eaves. The windows are one - over -one double hung with molded entablatures. The corner windows on the south fagade have pendills and the front and back doors are wood with dentils and light. The porch has a coffered front pediment, balustrade, wooden columns resting on the original masonry supports, and concrete porch floor and steps. Location Notes/Legal Description: The land referred to in this Commitment, situated in the County of St Joseph, State of Indiana, is described as follows: Lot 11 Shetterly Place 1st Addition. Landmarks Criteria: The life of Richard Elbel and his impact on South Bend makes his home an ideal candidate for local landmark status. The Elbel family's musical legacy to the city of South Bend through formation of the first choral society and the Elbel Concert Band and Orchestra, and establishment of Elbel Brothers Music Store had a major impact on the city's life and culture from its early days. Richard Elbel's service to the city through the Park Board, his passion for preservation of green space, and his vision for city planning, especially streets and parks, resulted in improvements that survive to present day. The Elbel house is a fine example of Queen Anne architecture, typical of the Victorian period. Both the interior and exterior remain largely intact, with interior alterations made during a 195o's conversion to apartments being reversed as of 2016. The interior features 12 foot ceilings, hard wood floors, solid wood pocket doors, and the original fireplace which preserves its carved wooden mantel with columns, file work and metal built -in surround. The house retains many of its original solid wood paneled doors and Orientalized hardware. Additionally, an elaborate foyer with a stairwell featuring delicately carved spindles and paneling, as well as two built -in wooden benches, with lids which lift for storage, mark the house as architecturally significant. HISTORIC LANDMARK OWNER CONSENT FORM I, the undersigned property owner, grant the Historic Preservation Commission of South Bend and St.. Joseph County the permission to have the property located at: No :i-j South B+ Declared a local historic landmark under I do also approve of the classification of'this under Group B Standards. Signature of Property Owner Date 06/30/2016 07:47 PM GMT Filed in Clerk's Office AUG 16 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN HISTORIC LANDIV ARK OWNER CONSENT FORM I, the undersigned property owner, grant the Historic Preservation Commission of South Bend and St. Joseph County the permission to have the property located at: �� .. 806 Leland South Bend, Indiana Declared a local historic landmark under ordinance. I do also approve of the classification of this building under Group B Standards. Lam -�aI� -V-- -- Signature of Property Owner Date Filed in Clerk's Office AUG 16 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUT IGIEG, DEPARTMENT OF ADMINISTRATION AN August 17, 2016 F , S �• PHONE 574/ 235 -7678 FAX 574/ 235 -9928 Filed in Clerk's Office EAUG 17 2016 KAREEMAH FOWLER $&V &OUTH BEND, IN Mr. Tim Scott President, South Bend Common Council Vh Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Departments and Funds of the Civil City of South Bend for the fiscal year ending December 31, 2017 Dear Council President Scott: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2017 and ending December 31, 2017. This bill is respectively submitted for 1 st reading with the Common Council for the council meeting scheduled for August 22, 2016, 2nd reading and public hearing at the council meeting on September 26, 2016, with 31' reading and council vote at the council 'meeting on October 10, 2016. I wiN be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, Joen. Murphy City Controller d� Excellence I Accountability I Innovation j Inclusion I Empowerment �" ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF, SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31, 2017 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several Departments of the Civil City of South Bend, Indiana for 2017. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. For the expenses of the Civil City Government, its various Departments, Funds, Commissions, and institutions for the fiscal year ending December 31, 2017, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out ofthe Funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION II. For the fiscal year ending December 31, 2017, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit: (201) (202) (203) (209) (210) (211) (212) (216) (217) (218) (219) (220) (221) (222) (224) (226) (227) (249) (251) (257) (258) (261) (271) (273) (278) (279) Park and Recreation Fund Motor Vehicle Highway Fund Park Recreation Non - Reverting Fund Studebaker Oliver Reverting Grants Economic Development Grant Fund Community Investment Administration Fund Community Investment Grant Fund Police State Seizures Fund Gift, Donation, Bequest Fund Police Curfew Violations Fund Unsafe Building Fund Law Enforcement Continuing Education Fund Landlord Registration Fund Central Services Fund Central Services Capital Fund Liability Insurance & Premium Reserve Fund Loss Recovery Fund Public Safety Local Option Income Tax Fund Local Roads and Streets Fund LOIT 2016 Special Distribution Human Rights — Federal Fund Rainy Day Restricted LRSA Fund Eastrace Waterway Morris PAC/Palais Royale Marketing Fund Police Take Home Vehicle Fund IT / Innovation / 311 Call Center Fund (289) Hazmat Fund (291) Indiana River Rescue Fund (292) Police Grants Fund - (294) Regional Police Academy Fund (295) COPS More Grant Fund (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401) Coveleski Stadium Capital Fund (403) Zoo Endowment Fund (404) County `Option Income Tax Fund (405) Park Department Non-Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund (408) County Economic Development Income Tax Fund (4 10) Urban Development Action Grant Fund (412) Major:Moves Construction Fund (416) Morns Performing Arts Center Capital Fund (450) Palais Royale Historic Preservation Fund (655) Project ReLeaf Fund (677) Hall of Fame Capital Fund (701) Fire Pension Fund (702) Police Pension Fund (705) Police K -9 Unit Fund (711) Self - Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund (750) Equipment/Vehicle Leasing Fund (751) Parks Bond Capital Fund (752) South Bend Redevelopment Authority Fund (753) Smart Streets Bond Capital Fund (754) Industrial Revolving Fund (755) South Bend Building Corporation Fund (756) Smart Streets Debt Service Fund (757) Parks Bond Debt Service Fund (758) Erskine Village Debt Service Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock M. City Clerk Filed In Clerk's Office I st ftEi�J,:•iLi PUattc HEAP,0iG AUG 17'2016 3 rd READING NOT APPROVED RMRRED KAREEMAH FOWLER P3 crrD CITY CLERK, SOUTH BEND, IN Approved and signed by me on the day of , 2 , at o'clock, .m. Mayor, City of South Bend, Indiana 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND August 17, 2016 Mr. Tim Scott President, South Bend Common Council 4"' Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Bill No. 45 -16 PHONE 574/ 235 -7678 FAX 574/ 235 -9928 Filed in Clerk's Office AUG 17 2016 SOUTH BEND, IN Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2017 Dear Council President Scott: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures for the fiscal year commencing January 1, 2017 and ending December 31, 2017. This bill is respectively submitted for 1 st reading with the Common Council for the council meeting scheduled for August 22, 2016, 2nd reading and public hearing at the council meeting on September 26, 2016, with 31d reading and council vote at the council meeting on October 10, 2016. I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, *"'.' . Jo H. Murphy City Controller Excellence I Accountability I Innovation I Inclusion I Empowerment Bill No. 45 -16 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31, 2017 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2017. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana its various Departments, Funds, Commissions and institutions for the fiscal year ending December 31, 2017, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the Funds hereinafter named in Section II, and for the purposes hereinafter specified in Section II, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2017 the above appropriations are made within the following Funds of the City: (287) EMS Capital Fund. (288) EMS Operating Fund (600) Consolidated Building Fund (601) Parking Garages Fund (610) Solid Waste Operating Fund (611) Solid Waste Depreciation Fund (620) Water Works General Operations Fund (622) Water Works Capital Fund (624) Water Works Customer Deposit Fund (625) Water Works Sinking Fund (626) Water Works Bond Reserve (629) Water Works 0 & M Reserve Fund (640) Sewage Repair Insurance Fund (641) Sewage Works General Operations Fund (642) Sewage Works Capital Fund (643) Sewage Works O &M Reserve Fund (649) Sewage Works Bond Sinking Fund (661) 2012 Sewer Bond Fund (670) Century Center Operating Fund (672) Century Center Energy Savings Debt Service Fund SECTION 1I I. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indian on the day of , at o'clock _.m. Approved and signed by me on the day of , at o'clock _.m. 1st READING PUBLIC HEARING 3 rd READING NOT APPROVED REWRED PASSED Deputy City Clerk Mayor, City of South Bend, Indiana Filed in Clerk's Office AUG 17 2016 KAREEMAH FOWLER C17YCLERK, SOU TH SEND, IN 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, DEPARTMENT OF ADMINISTRATION A August 17, 2016 Bill No. 46 -16 PHONE 574/ 235 -7678 FAX 574/ 235 -9928 Filed in Clerk's Office AUG 17 2916 KAREIrMA fi4K'!ER riCR = UTH BEND, IN Mr. Tim Scott President, South Bend Common Council 4th Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Levying taxes and fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2017 Dear Council President Scott: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2017 and ending December 31, 2017. This tax rate will apply for property tax assessments in fiscal 2016 with taxes payable in fiscal 2017. Similar to prior years, this bill has been filed with the property tax rates not stated. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must be completed in February, 2017. The actual property tax rates will depend on the 2016 1pay 2017 net assessed valuation of property in South Bend. This bill is respectively submitted for 1 st reading with the Common Council for the council meeting scheduled for August 22, 2016, 2"d reading and public hearing at the council meeting on September 26, 2016, with 31d reading and council vote at the council meeting on October 10, 2016. I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, J H. Mu City Controller Excellence I Accountability I Innovation I Inclusion I Empowerment �� Bill No. 46 -16 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2017 STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in orderto levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2017. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. There shall be levied upon each One Hundred Dollars of- Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2016 to be collected in the year 2017 the following: For CORPORATION GENERAL FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. Total Civil City Rate $xxxx For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $xxxx on each one hundred dollars of Taxable Property. Total Redevelopment Rate $xxxx SECTION 11. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Of i * READIWI PUBLIC HEAK�N.-- 3 rd READING NOT 'APPRO'A' REFIRRED PASSED Presented by me to the Mayor of the City of South Bend, Indiana on the day 2 at o'clock _ m. Approved and signed by me on the o'clock .m. Deputy City Clerk day of 2 , at Mayor, City of South Bend, Indiana Filed in Clerk's Office AUG 17 2016 KAREEMAH FOWLER CI YCLERK, SMITH BEND, IN, 11 F transpo south beoppuublk thl, =! JAN GLU ton corporation Via Hand Delivery . August 16, 2016 Mr. Tim Scott President - City of South Bend Common Council County - City Building - Room 400S South Bend, IN 46601 Dear President Scott: Enclosed please find an original and several copies of Bill No. 47 -16 Filed in Clerk's 0fliCe F AlJG 17 2016 KAREMAH FOWLM Yy SOUTH MD, MI AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORTATION'S 2017 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVNUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2017 Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council') for adoption by the Council. Specifically, Indiana Code § 6-1.1-17-20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6 -1.117 20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. Transpo's Board of Directors will vote to approve the budget and levy on September 19, 2016. The scheduled public hearing of the budget with the South Bend Common Council is scheduled to be on September 26,2016 Transpo's budget was filed with the Common Council on August 16, 2016. Transpo will present this Ordinance to the Council by its Controller, Christopher Kubaszak. Tranppo's General Counsel, Jamie C. Woods, may also attend along with Members of Transpo's Board of Directors. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. Sincerely, ZION David Cangany General Manager/ CEO, South Bend Public Transportation Corporation (574).232-9901 - FAX (574) 239 - 2309.1401 South Lafayette Blvd - South Bend, IN 46613 M�� Bill No. 47 -16 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2017 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2017 Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit its proposed budget and tax levy to the Common Council of the City of South Bend for adoption. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that the South Bend Public Transportation Corporation, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Common Council of the City of South Bend. Pursuant to Indiana Code § 6- 1.1- 17- 20(e), the Common Council of the City of South Bend is required to review the South Bend Public Transportation Corporation's budget and proposed tax levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The South Bend Public Transportation Corporation's budget for the year ending December 31, 2017 in the sum of $13,407,761.00, as shown on Budget Form 4 -A, is appropriated, adopted, approved and ordered set apart out of the several funds herein named and for the purposes herein specified, subject to the laws governing the same. Such sums herein appropriated shall be held to include all expenditures authorized to be made during the year, unless otherwise expressly stipulated and provided for by law. In addition, for the purpose of raising revenue to meet the necessary expenses of the South Bend Public Transportation Corporation, a total property tax levy of $4,308,716.00 and a total tax rate of 0.1359 as shown on Budget Form 4 -B are also appropriated, approved and adopted. SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock ^ m Approved and signed by me on the day of at o'clock, _..m City Clerk, Deputy , 2016, Mayor, City of South Bend, Indiana Filed in Clerk's offfM E7 2016 KAREEMAH FOWLER CRYCLERK, SOUTH SEND, IN t/ Ask trans P o south bend public transportation corporation 2017 FISCAL OPERATING & CAPITAL BUDGET January 1, 2017 through December 31, 2017 Filed in Clerk's Gf;iye AUG 17 2016 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN Prepared By South Bend Public Transportation SOUTH BEND PUBLIC TRANSPORTATION CORPORATION SOUTH BEND, INDIANA 2017 FISCAL YEAR BUDGET REQUEST TABLE OF CONTENTS BUDGET ESTIMATE FOR 2017 PROJECTIONS 1 ASSUMPTIONS 2017 Revenue Projection ..................................................... ..............................1 2017 Expense Projection ............................ ............................... ......................2 2017 Appropriations ............................................................. ..............................3 2017 Budget Assumptions ................................................... ..............................4 2017 Budget Policy Statements ........................................... ..............................6 2017 Budget Summaries by Category — All Accounts .......... ..............................7 O O CL w O 0 Z z o 0 a � W O IL a to W z W � W V � J � N a 0 z W m F O e- O tNp IT K 2 a g � N N O O co N ^ qp a- O t0 M N M tG r la D Q m to r 0 N o a° o o eE C9 W O O m O N O N N d an O Q 0 N O O W O <p OD C CD N Cf O e- z O a Ix O a z O a O a s� Lip v J m a 0 z W m F- O co z O V W O a W N z W IL K W ti N N M co M Q cq q LO N O trV W M � Q lV O ti F-N�w Z Z r q U) v N N co 0) O O tOA N O N f` ti r" G) It Co 00 O O O W r C7 �t V— a— Q _ Ll N Z Q m Q � Z p O N 0 e0- Q 0 m ' to co ' O o f r c0 O f` O O m 1 00 00 N j O n O N n � I-- r q O r r r• O _O ta- 69 v,, 6"' d9 69 6% 69 69 HI~ 69 11 N 0o I- N M O ti O N O N ' O P N O � ' c 000 O 000 co `- Ul) CD � Mt M V cm ti N OD I-- N N N N r t"3 O O '7 co m LO N r O O E9 ER 69 6H to E9 69 6% 69 � 6f} V! M co e^ co ti h ti N to O ° Q) r ' co co too ao � , °, o r LO N � M M oM O o p O 't -W O N N to 0 w co co tV m to N " C r 61i 69 6R (0 6R v> Ef3 69 E9 6i} V} m J w Z a� m CL x x W ii rn ` 0 0. m to rA c U a m X ai , N d m v tl) c L C m m m _� c _ H ii) ti co t O _� Em- F- N TRANSPO Budgeted Appropriations Category Operatin q Bud et Bud et Total 2016 Appropriations 2017 2016 -Capital 2017 2016 Personnel Services Other Services and Charges Supplies Capital Outlays 8,245,274 1,594,187 1,029,736 181,310 7,465,799 1,385,087 1,277,033 375,461 906,550 1,877,305 8,245,274 1,594,187 1,029,736 1,087,860 Total Appropriations $11,050,508 $10,503,380 $ 906,550 $1,877,305 $ 11,957,058 AM trans P o 14 r 2017 OPERATING BUDGET ASSUMPTIONS REVENUES: Federal. State. and Local: Historically, Transpo has been successful in securing capital funds through Federal Capital Grants for major capital projects; however, opportunities are becoming less common. Transpo continues to avail ourselves of annual federal capital formula grant funds toward preventative maintenance and operating assistance, such funds available for the operations budget. In 2017, the State of Indiana has fixed a PMTF rate for the next two years and has made it a line item in the State's Budget. We based the 2017 PMTF revenue on 2016 actual approved budget. This caused our budget figure to increase by $45,082 from the 2016 budget. Property Tax revenue was budgeted at a $168,843 increase from the prior year. Ridership and Leases: Farebox revenues from regular services include a slight decrease from our 2016 budgeted levels. Transpo Access has realized an increase in ridership since 2008 and is expected to continue this trend in future years. EXPENSES: Employee Wages and Benefits: For 2017, Transpo budgeted, a slight increase in wages for employees. Employee benefits reflect an estimated 6.68% increase over 2016. This increase is mainly due to an estimated increase of ten percent in health insurance premiums and other employee benefits outlined in the collective bargaining agreement and contingencies for future premiums given their historical trends. Vehicular and Operating: Vehicular and other insurances costs will be maintained at the 2016 budget. Diesel fuel has been budgeted at an average of $2.00 per gallon and gasoline at $2.20 per gallon. In 2016, Transpo received an additional three CNG fueled vehicles, increasing our total CNG vehicles to nineteen. Transpo budgeted a decrease, in its overall fuel cost of $80,730. This decrease in fuel expenses should continue as more fixed route vehicles are converted to CNG. Utilities: Utility costs were budgeted with an increased from the 2016 forecasted levels. Marketing: Marketing contracts, services, and advertising placement accounts have not been changed from 2016 budgeted figures. 4 Training: The 2017 budgeted amounts increased from 2016 budgeted provisions. Transpo plans to use federal grants to offset most of the cost associated with training. The current budget provides continued opportunities for all positions. Transfer — Capital Improvement Fund/Restricted Llabli ft Reserve: The 2017 budget provides the opportunity to transfer up to $500,000 to the Capital Improvements fund for future capital expenditures or deposit up to $500,000 into a restricted liability reserve account, to be used pay off the second year installments on sixteen fixed route vehicles. ➢ UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET, BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED. THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT. 5 AM trans Po 14 r 2017 OPERATING BUDGET POLICY STATEMENTS FINANCIAL CAPACITY: 1. The proposed budget does not reflect any fare changes. A fare analysis may be conducted and recommendations will follow, based upon the results of the analysis. 2. Management will continue to search for investment, grant and funding opportunities so as to maximize revenues. 3. Management will assure cash handling practices to safeguard funds in its protection and toward timely collection of funds owed. SERVICE POLICY: 4. A review of current services levels will be conducted and recommendations will follow based upon the results of the analysis. 5. Management will continue to work within the current FTA charter regulations and existing agreements with private charter providers in order to provide charter services. 6. ACCESS service will be provided in accordance with all applicable FTA guidelines. MANAGEMENT: 7. A professional workforce will carry out our Mission Statement. Management will assure fairness, even - handedness, consistency, and effective Equal Employment Opportunity and Affirmative Action policies and practices. 8. Assumes continuation of team development, employee recognition, and continuation of increased opportunities for employee training. 9. Assumes continued pursuit of programs of wellness and accident prevention in an effort to stem, to whatever extent possible, rising insurance costs. TRANSPO 2017 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Salaries & Wages Summary 2015 ACTUAL $ 5,036,056 2017 BUDGET REQUEST $ 5,806,671 2016 MONTHLY AVERAGE $ 434,460 2016 APPROVED BUDGET $ 5,574,841 2016 EST EXPENSE $ 5,213,517 BUDGET CHANGE $ 231,830 .Account Title 2015 2016 Operators $3,464,685 $ 3,548,243 Access Drivers & Clerk 464,052 460,277 Operations Administration 374,166 457,724 Revenue - Vehicle Maintenance 690,547 722,279 Maintenance Administration 119,725 123,792 Non - Revenue - Vehicle Maintenance 71,058 73,064 General Administration 390,607 421,292 Total $5,574,840 $ 5,806,671 7 TRANSPO 2016 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Fringe Benefits Summary 2015 ACTUAL $ 1,779,272 2017 BUDGET REQUEST $ 2,438,603 2016 MONTHLY AVERAGE $ 180,826 2016 APPROVED BUDGET $ 2,275,737 2016 EST EXPENSE $ 2,169,916 BUDGET CHANGE $ 162,866 Account Title 2015 2016 FICA $ 426,475 $ 444,211 Pension plan 211,694 248,694 Medical Insurance 1,377,570 1,492,087 Dental Insurance 50,477 53,878 Life Insurance 24,032 27,221 Short-Term Disability 22,189 20,664 Unemployment Insurance 10,925 10,925 Worker's Compensation 101,256 89,805 Uniforms 47,119 47,119 Tool Allowance 4,000 4,000 Total $2,275,737 $ 2,438,603 0 TRANSPO 2017 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Services Summary Account Title Management Service Fees Professional & Technical Board Travel Temporary Help Contract Services Operations Contract Services Maintenance Contract Services Administration Security Services Physical Damage Repairs Recoveries of Physical Damage Repairs 0 M 2015 2016 $ 452,661 2015 ACTUAL_ $ 984,072 2017 BUDGET REQUEST 2016 MONTHLY AVERAGE $ 45,412 2016 APPROVED BUDGET $ 525,599 2016 EST EXPENSE $ 528,740 BUDGET CHANGE $ (72,938) Account Title Management Service Fees Professional & Technical Board Travel Temporary Help Contract Services Operations Contract Services Maintenance Contract Services Administration Security Services Physical Damage Repairs Recoveries of Physical Damage Repairs 0 M 2015 2016 274,939 190,939 10,000 10,000 2,500 2,500 12,050 12,050 115,000 118,582 47,060 54,540 64,050 64,050 20,000 20,000 (20,000) (20,000) Total $ 525,599 $ 452,661 TRANSPO 2017 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Materials & Supplies Summary 2015 ACTUAL $ 1,479,781 2017 BUDGET REQUEST $ 1,029,736 210,000 210,000 2016 MONTHLY AVERAGE $ 70,666 2016 APPROVED BUDGET $ 909,776 2016 EST EXPENSE $ 847,994 BUDGET CHANGE $ 119,960 Account Title Fuel & Lubricants Fuel & Lubricants Tires & Tubes Materials & Supplies Materials & Supplies Materials & Supplies Other Materials & Supplies Other Materials & Supplies Other Materials & Supplies Operations Maintenance Maintenance Operations Maintenance Marketing Operations Maintenance General Administration 10 Total 2015 2016 $ 605,701 $ 727,122 13,415 11,954 2,560 2,560 25,000 25,000 210,000 210,000 35,600 35,600 4,500 4,500 2,600 2,600 10,400 10,400 $ 909,776 $ 1,029,736 2017 BUDGET SUBMISSION DEPARTMENT: Administration & Maintenance ACCOUNT TITLE: Utilities ACCOUNT NUMBER: 505 - 040 -00 505- Ox2x -00 2015 ACTUAL_ $ 209,394 2017 BUDGET REQUEST $ 278,857 2016 MONTHLY AVERAGE $ 22,582 2016 APPROVED BUDGET $ 244,420 2016 EST EXPENSE $ 270,980 BUDGET CHANGE $ 34,437 Account Title 2016 2017 Electricity $ 98,014 $ 98,014 Electricity -CNG $ 35,153 $ 45,941 Water & Sewage $ 16,654 $ 16,654 Trash Collection $ 5,000 $ 5,000 Telephone $ 10,351 $ 34,000 Natural Gas $ 79,248 $ 79,248 Totals $ 244,420 $ 278,857 11 TRANSPO 2017 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Insurance Summary 2015 ACTUAL $ 190,051 2017 BUDGET REQUEST $ 230,477 2016 MONTHLY AVERAGE -$ 17,592 2016 APPROVED BUDGET $ 230,477 2016 EST EXPENSE $ 211,108 BUDGET CHANGE $ - Insurance - Liability & Physical Damage $ 224,192 Other Corporate Insurance 6,285 Total $ 230,477 ipF TRANSPO 2017 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Miscellaneous Summary 2015 ACTUAL $ 151,083 2017 BUDGET REQUEST $ 132,192 2016 MONTHLY AVERAGE $ 13,994 2016 APPROVED BUDGET $ 121,835 2016 EST EXPENSE $ 187,928 BUDGET CHANGE $ 10,357 Account Title 2015 2016 Dues & Subscriptions $ 27,835 $ 25,192 Travel & Meetings 20,000 30,000 Community Services 15,000 15,000 Promotion 3,000 6,000 Advertising Placements 45,500 45,500 Interest Expense on Tax Warrants 10,500 10,500 Total $ 121,835 $ 132,192 13 2017 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Transfer - Capital Improvement Fund /Reserve for Liability ACCOUNT NUMBER: 301 - 0101 -00 2015 ACTUAL $ - 2017 BUDGET REQUEST $ 500,000 2016 MONTHLY AVERAGE $ 41,667 2016 APPROVED BUDGET $ 500,000 2016 EST EXPENSE $ 500,000 BUDGET CHANGE $ - This account is used for the transfer to the Capital Improvement Fund for the "Local Share" or to fund a reserve for future liabilities. The capital expenditures are detailed in the monthly Capital Improvement resolutions. Loan Payment 14 $ 500,000 Total $ 500,000 TRANSPO 2017 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Capital Fund Requirements ACCOUNT NUMBER: 301- 0101 -00 2015 ACTUAL $ 6,121,744 2017 BUDGET REQUEST $ 906,550 2016 MONTHLY AVERAGE $ 173,785 2016 APPROVED BUDGET $ 1,043,138 2016 EST EXPENSE $ 2,085,425 BUDGET CHANGE $ (136,588) $$$ FTA/State Total Grant Number Available Funded Required Grant- IN -04 -0053 $ 1,612,750 $ 1,290,200 $ 322,550 Grant IN -90 -X628 $ 120,000 $ 96,000 $ 24,000 Grant -IN -90 -X650 $ 300,000 $ 240,000 $ 60,000 Grant -IN -90 -X685 $ 500,000 $ 400,000 $ 100,000 2016 -2017 FTA GRANT $ 2,000,000 $ 1,600,000 $ 400,000 Total $ 4,532,750 15 $ 3,626,200 $ 906,550 TRANSPO 2017 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Passenger Fares Summary ACCOUNT NUMBER: 413 -0100 -00 2015 ACTUAL: $ 1,432,235 2017 BUDGET REQUEST $ 1,469,079 2016 AVERAGE: $ 117,420 2016 APPROVED BUDGET $ 1,504,253 2016 ESTIMATED: $ 1,409,034 BUDGET CHANGE: $ (35,174) Account Title 2016 2017 Passenger Revenue $ 802,698 $ 775,121 Access Passenger Revenue 51,187 49,218 Access Punch Card Revenue 73,321 88,719 Passport Revenue 166,075 152,250 Student Pass Revenue 41,130 40,560 Tripper Revenue 9,623 9,623 Two Ride Pass Revenue - - Two Week Pass 90,048 99,072 One Day Pass 263,721 250,617 Student Summer Pass 6,450 3,900 $ 1,504,252 $ 1,469,079 iiL Bill No. 16 -64 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 3001 W. CLEVELAND ROAD WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 3001 W. CLEVELAND ROAD in order to permit TO CONSTRUCT A NEW 150 FOOT MONOPOLE TELECOMMUNICATIONS TOWER SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT APROVE, +, WPTSn Member of the Common Council Filed in Clerk's Office AUG 15 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN