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10-26-09 Common Council Meeting Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, OCTOBER 26, 2009 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 54-09 PUBLIC HEARING A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT; SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIMITS TO OBTAIN SECONDARY APPROVAL 80-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND DELETING SECTIONS 6-26 THROUGH 6-26.4 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS 73-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH'BEND, INDIANA, APPROPRIATING $360,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHIN FUND 209 FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES WITHIN THE CITY OF SOUTH BEND 81-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9951-09 ENTITLED ~~AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" 82-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9672-06 ENTITLED ~~AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" 8. BILLS, THIRD READING TIME: BILL N0. 54-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT; SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIMITS TO OBTAIN SECONDARY APPROVAL 80-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND DELETING SECTIONS 6-26 THROUGH 6-26.4 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS 73-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $360,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHIN FUND 209 FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES WITHIN THE CITY OF SOUTH BEND 81-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0. 9951-09 ENTITLED "AN ORDINANCE OF .THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" 82-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9672-06 ENTITLED "AN ORDINANCE'OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICTPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" 9. RESOLUTIONS BILL N0. 09-68 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC 09-69 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 VACANT LAND IMMEDIATELY BEHIND 2630 PRAIRIE AVENUE, PRAIRIE APARTMENTS-PHASE II, AN ECONOMIC REVITALIZATION AREA FOR .PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR PRAIRIE APARTMENTS HOUSING PARTNERS II, L.P. 09-70 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 1015 NORTH FRANCES .STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PETER AND NANCY KILPATRICK 09-67 A RESOLUTION OF THE COMMON COUNCIL OF .THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10. BILLS, FIRST READING BILL N0. 83-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9907-09 TO CHANGE THE MUNICIPAL CODE SECTION FROM 2-170.13 TO 2- 170.14 84-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $76,000.00 FROM GENERAL FUND #101 TO PURCHASE AND SPECIALLY EQUIP THREE POLICE VEHICLES 85-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, APPROPRIATING $2,463,435 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2010, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 86-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $200,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 11. UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 57-09 - REZONING - 616 N.ST.PETER STREET 2. BILL N0. 68-09 - REZONING - SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD 3. BILL N0. 69-09 - REZONING - 109 GARST STREET 4. BILL N0. 74-09 - REZONING - 4526 SOUTH FELLOWS STREET B. REPORTS FROM AREA BOARD OF ZONING APPEALS 1. BILL N0. 09-71 - SPECIAL EXCEPTION - 4050 RALPH JONES DRIVE 2. BILL N0. 09-72 - SPECIAL EXCEPTION - 1101 EAST JEFFERSON BLVD. AKA 1113 ~ JEFFERSON BLVD. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: Area Plan C®rnmissi®n ®f St. J®seph C®unty 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 August 19, 2009 The Honorable Council of the City of ( ~~, S South Bend ~ ~ ~ \ + " 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal Code, Article 5 Planned Unit Development District, Section 21- 05 Planned Unit Development District, to revise the criteria used in determining major/minor changes to approved site plans and removing time limits to obtain secondary approval. -APC# 2527-09 Dear Council Members: I hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, August 6, 2009 and that the Area Plan Commission at its public hearing on Tuesday, August 18, 2009 took the following action: Upon a motion by Dan Brewer, being seconded by Donna Chamblee and carried, the proposed ordinance initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal Code, Article 5 Planned Unit Development District, Section 21-OS Planned Unit Development District, to revise the criteria used in determining major/minor changes to approved site plans and removing time limits to obtain secondary approval is sent to the Common Council with a favorable recommendation. Limiting the time that final developments can be approved has no additional public benefit since all requirements of a PUD must be adhered to. Certain adjustments to height, area, bulk and intensity that do not affect surrounding properties can now be done without a ne~v zoning petition. 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, ~. ohn W. Byornt JWB:jsc Attachment Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2527-09 Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Requested Action: A proposed ordinance initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal Code, Article 5 Planned Unit Development District, Section 21-OS Planned Unit Development District, to revise the criteria used in determining major/minor changes to approved site plans and removing the time limits to obtain secondary approval. Additional information: Planned Unit Developments are large, multi-year projects which typically take a long time to complete. Limiting the time that final developments can be approved has no additional public benefit since all requirements of a PUD must be adhered to. Therefore, staff sees no need to impose a time limit. Certain criteria that would determine amajor/minor change to an existing Planned Unit Development site plan were removed. More latitude can be given administratively for changes without having the petition go through the rezoning process again. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. ' Analysis: Limiting the time that final developments can be approved has no additional public benefit since all requirements of a PUD must be adhered to. Certain adjustments to height, area, bulk and intensity that do not affect surrounding properties can now be done without a new zoning petition. APC Initiated #2527-09 Page I of I Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 21-OS PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE CRITERIA USED IN DETERIVIINING MAJOR/IVIINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIlVIITS TO OBTAIN SECONDARY APPROVAL. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. Now that the ordinance has been in use, it has been determined that it is desirable to amend Article 5 Planned Unit Development District, to revise the criteria used in determining major/minor changes to approved site plans and removing time limits to obtain secondary approval. 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 5, Planned Unit Development District, Section 21-OS Planned Unit Development, is hereby amended as follows: (c) Procedure For Approval Of A Planned Unit Development (5) Secondary Approval ~ +1, +'+' ~ ..L.., o+ti+l,v .,., ..,....1 ... ~ .......~.,.. DTTTI Tl;~t,,.; + v+:+: n- .. ~ ~~~ ...,.b rs],~Ll l 1 /~ 1 /~ n T,. y, ' ff r,t +!, +Hr A T~~ ~ ~ LG L(~~~ f]G li G1VL '1 1 /1mSho /Yn+O At +~e " v Ilir Jl~lul(l~ T_!]_I__AT v - - __- -- r ---- - -r ~- i ~ ~ +l,o o+:+;.,., ~ ,.L.~ o +~, +l,o cs 1 , DTJLI_L1z~t,..• r 1, +l, ! v ui v1, ~ ,~. 1 r,. ;1 ,t,:,.l, +„ Flo ~ ..a„ L1.6 V~1.116. t r.T_ + + 1 ~„ • ~i v ~ u .V111.L11V 1 >7„~0 ~ ~ 1 1.,, +l. Z'ti. ~ Tl • +,,,. - " ' , rz m ~-va r Tl, L' t' Tl • z 'c ' Plcu.,.. , +~, ~h~ll ~L~zi ccror z cc i +l,o ~+~ .,.,7., i -'ril~r.%c~Eursv c~ c „1_f ~ i° :: ` co~Jnual ~~ ~ L' ° J rJ li~i j . - "iu ° : . . ir 'v u ,.L ~7., ~•, +l,o ~t ~ l v DTTTI Tl;..~~~+ T~~ ~ v l l c ~xv ,,,.~1..,~„ ~$i}C-zixup-Ctimig~ ttt~~~ ~61} „1 ;~ ~lo.l ~ . ; rl,~~o~ .,i1 ~„l ~ ,~o~a.,+_„1,.,.,o ~l,.,ll l. o ~lo.l ~ ,. , .,;+1,;., +l,..oo_T'21 , .,~+1,x,,.,...,,..,1 ., 1CLJG~I10.1IZ] f'+L,o ~„-;.,,- „l.^^a_ la:sc: li lIi\.li 1V1 T., +1,~ .,+ +1,.,+ .. ,,.7., .,1 ; „+_~,1,+., „~f,„-_~iL~,-_.L,~,.,.-+; 1, l~.lvu of+1, DTTTI .:+1,:., +i,o +:.,-. ~ .,.,-. o., ,,,.+1;,,0~-1 .,1.,.,.o +L.o ,, ., 1;~.,,;,,,,.z.,, „7~,,,,, E:\OFFICE97\Dcmnts\Ordinances\SouthBend\P.MD-TO-NEW-ORD9 PUD.doc 1, 11 1. ,-1 !1 + L,.,,.° ° r°rl ~ r +L,.,+ ,~.~„-~;.,.. £th° DT TTl + ti - h .,+ 1.,.,~ + rl .7 . ar n,.lvl nar,+ ~ r +L,~ ~iac... ...~ .. r lnn~+~nn .++-+rl ~~..... ...,..., .7° ~:1-.~r n~ d 1 + ~l,.,ll .;+L ,;,, +1,° ° r°rl .,.,,-f-; .,.-,~ ~+b,° DT y TTI , ,-.+;1 ~a u r uav ~ vra3 v.~ .,.....ate. „1,1;., L,°.,r;,...T ,.+;..° nf'.,. " h;~,_~_h.,11 1. +1, u "' , ' t t ~ ~ ucr~.3arcm. vc ~a v vu .a /; \ ua ~uv v . ,~ ,a,. .,1 ~ c. k~ e-mr 8ru-per t ~6 g, c ~ ccra , , (~) to (>~ to E~ to D~ {~-} to (~s-} to ~ (d) Modification Of Preliminary Plan Or Secondary Approval Minor modifications to a preliminary plan or secondary approval which has already received approval from the Area Plan Commission or the Executive Director and which do not involve: (a) - ; (}the designation of additional land uses; or {-~ an encroachment into any drainage easement, regulated drain setback or floodplain; E-r~ie, may be authorized by the Executive Director without a public hearing in its continuing administration of the PUD if, in the determination of the Executive Director, the requested minor modifications do not adversely impact the purpose or intent of the overall development. If the Executive Director determines that the proposed modification is of such a nature as to adversely impact the purpose or intent of the overall development, or if the proposed modification includes: (a) ~ h°~rth+, ~ ~,1..,,"~ ^ ^+°r°~*~~ "f 1°^a ,.~„~• ~"` the designation of additional land uses; or 3~s; -~-} b~ an encroachment into any drainage easement, regulated drain setback or floodplain; (e}the-ac~tie~ref-~=ipe~~~~-uEee~s+~; ^r~ ~~, r°a,,,.+;^„ ;,, +>1° ,Petitioner shall be required to file a new petition for zone map change. (g) ~~a~ i inu asti. wxzrx c vu. ~} to (g) Section 1[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, Indiana on the day of ,2009, at o'clock ._m. City Clerk Approved and signed by me on the day of at o'clock _. m. 2009 Mayor of the City of South Bend, Indiana ~ S~ ~F~~~ld ?- z~ -° ~ PU6LIC HEARING rd READING tOT APPROVED REFERRED /~--P- ~ --L~-~~{ ~'ii~d in Ci~I`~C',~a ~~iice JUL 3 0 2t~}9 JCF4Pi VCuRDc' CITY CLEtTta, u(?. EE,~C, IN. PASSED 1400 COUNTY-CTIY BUILDING 227 JEFFERSONBOULEVARD SovTT-I BENn, INDInNw 46601-1830 PHONE 574/ 235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTlO~IEIeTT OF J .A~ CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY October 14, 2009 CHIEF ASSISTANTCFI'YATTORNEY Mr. Derek Dieter President, South Bend Common Council 4a' Floor, County-City Building South Bend, IN 46601 Re: Substitute Bill No. 80-09 Dear President Dieter: Attached for filing with the Common Council is Substitute Bill 80-09. The only change in this substitute Bill is language indicating that the Common Council is repealing the affected Municipal Code Sections, and not just deleting them. As indicated in the original cover letter, Mr. Charles Bulot will present the substitute ordinance to the Council at the appropriate meetings. Thank you for your consideration. Sincerely, ___~ ;' ~~ - Aladean M. DeRose Chief Assistant City Attorney AMD/bz lir p rI ~~' ~~~:-~i~~~:: ~~1Y~'~~ O C ± 1 4 2009 JGII~: ~1~'QF:Dt: G!T`! CI,~;zF{, SG. 9~PiD, t3~. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKO~SKI LAWRENCE J. METENER JEFFREY L. SANFORD ,JOHN E. BRODEN BILL NO.30-09 (Substitute ) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH SEND, INDIANA, REPEALING AND DELETING SECTIONS 6-26 THROUGH 6-26.4 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS STATEMENT OF PURPOSE AND INTENT On February 9, 2009, the South Bend Common Council passed Ordinance #9902-09 which, among other tlungs, regulated low voltage contractors by requiring registration and setting fees to be charged by the Building Department (Section VI of Ordinance #9902-09). After performing a detailed review and investigation of changes in technology, it has been determined that Sections 6-26 through 6-26.4 of Chapter 6, Article 6 of the South Bend Municipal Code are no longer needed. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Sections 6-26 through 6-26.4 of Chapter 6, Article 6 of the South Bend Municipal Code are hereby repealed and shall be deleted in their entirety. SECTION II. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and any publication required bylaw. Attest: City Clerk ~~~-~.- ~ Member of the Common Council x/ a r~ g ~ e p 5~(( Ci~w ~~F3~~,~.^i ~i i'~' ~;/e ~}wk i.s:i•.i Sa~.i:.:i i~i ~"~. ~ll3l Council acti~~ Get ~l~ :~„~ ; .~ Presented by me to the Mayor of the City of South Bend, Indiana, on the of , 2 , at o'clock _.m. Approved and signed by me on the 2 , at o'clock, .m. ~~'~~ _`~ 1 sr! [[R[A~tE~Gn 1~~p 13 `J iJL{~ 1iC~.i\klV~3 ;1 P .hi .J day City Clerk day of Mayor, City of South Bend, Indiana ~oa.~.~_._.~~_ ,iC?i<t iJ~oh~~. Gib ;~L~:t?i:, ~(?. 5ti~~~, Iii. P?~SSE~ 1 ZOO COUNTY-CITY BULI.DING 227 ~ JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 Fnx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUT'FI BEND STEPHEN J. LI.IECICE, MAYOR ~®MMUl~tIT~' ~L EC®lv®MIC DEVELOPMENT JEFFREY v GI$NEY EXECUTIVE DIRECTOR August 31, 2009 South Bend Common Council Fourth Floor Council Chambers 400 County City Building South Bend, IN 46601 Re: Ordinance to Appropriate AARA -EPA Supplemental Grant Funds Dear Council Members: The attached bill for your consideration and approval will appropriate funds from a $360,000 EPA grant for our Brownfields Revolving Loan Fund. South Bend was selected to receive this supplemental funding as part of the American Recovery and Reinvestment (ARRA) Act of 2009. It will be provide additional capitalization of our Brownfields Cleanup Revolving Loan Fund. Please note, these funds cannot be used for general government purposes, only toward eligible uses related to the remediation of brownfield properties. I will present this bill at your September 28tH meeting. Please contact me at akolata a,southbendin.gov or 235-9374 if you have any questions or would like additional information. Sincerely, %r ~~ /~,. Ann E. Kolata Senior Redevelopment Specialist ~6~w ~ ~~ d~~~l'~~'~ ~~E~~ SEP - ~ Z009 -el; ;y~n~rslti dV: COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANGW.. ~ PROGRAM PAMELA C. MEYEA DONALD E. INKS MANAGEI~4ENT 574/235-9660 574/235-9371 ELIZABETH LEONARD /~` `!~ FAX: 574!235-9697 574/235-9371 J1 ORDINANCE NO. A1~1 ORDII~iA1~CE OF THE COI~IIVION COUl~TCIL OF THE CITY OF SOUTH BEND, I1~DIAI~A APPROPRIATII~TG $360,000.00 OF GRAI~TT FUI~IDS FRO1V1 THE UliTITED STATES EI~tVIR01®11VIEl®TTAL PROTECTIOI~t AGEl®1CY WITHIloT FUl®TD 209 FOR El®iVIR01®11Q'IEI~TTAT, CLEAloT-UP OF BR0~IFIELD SITES WITHIl®1 THE CITY OF SOUTH BEIoTD STATEMENT OF PURPOSE AND INTENT This bill will appropriate $360,000 from a U.S. Environmental Protection Agency Brownfield Grant within Fund 209 for environmental clean-up of Brownfield sites within the City of South Bend. These funds have been awarded to the City of South Bend as part of the American Recovery and Reinvestment (ARRA) Act of 2009 supplemental funding. The funds will be used as part of South Bend's Brownfields Cleanup Revolving Loan Fund Program. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I: The sum of $360,000.00 is appropriated for brownfields remediation within Studebaker/Oliver Revitalization Grant Funds (#209) out of supplemental monies received from the U. S. Environmental Protection Agency through the American Recovery and Reinvestment (ARRA) Act of 2009. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. 1, ~~ I~ . ~~ ~~ ~ _ Member of the Common C:duncil vo'e}ie+e~ R~ isS:4, t.~~t; f=~ rSC`a ~u ,•b~.~a~:g "9 Attest: a~,CuiEz631oT',~, €=~~~ ~ti~.~z`~. ~s;~~i~~.~:~`~ G~u~ii ~y~~ an fi~i~ issue, 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 2 , at o'clock . m. day of Mayor, City of South Bend, Indiana 4 Si it.:~~i~~f'ti i~ :: ca E?~.ti[:iP1G ~lQT ~;PP a~a~~ ~~[RP.Ev ~.SSEg '_____-an-~-- SEP - ~ c~~,;c JC;~F~'1t~uii 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW Sincerely, CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY October 7, 2009 Mr. Derek Dieter President, South Bend Common Council ~ ~ ~ ~~~ , ~ ~ - C~ ~~ 4`h Floor, County-City Building ~~ South Bend, IN 46601 Re: Ordinance Amending Sewage Works Bond Ordinance #9951-09 Dear President Dieter: Attached for filing with the South Bend Common Council is an ordinance amending Ordinance #9951-09 which was recently passed and which authorized improvements and extensions of the City's Sewage Works through issuance and sale of revenue bonds. Because of the City's duty to place a portion of the approved bond proceed funds in a separate debt reserve account, the Sewage Works could not perform the project as fully contemplated. To remedy this, the State Revolving Fund Loan Program (SRF) is making available additional funds in the sum of $1,500,000.00. The attached ordinance amends Section II of Ordinance 9951-09 to expand the project description now made possible by infusion of these additional funds, specifically, improvements to Kennedy Park. No further amendment of Ordinance #9951-09 is required because the additional SRF monies do not change the total revenue bond funds of $4,600,000.00 authorized and described in that bond ordinance. Gary Gilot will present this ordinance to the Common Council at its committee meeting and at public hearing. Thank you for your consideration. AMD/cw cc: Gary Gilo Gregg Zientara PxoNE574/235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 Aladean M. DeRose Chief Assistant City Attorney ~'t~E~~ ill ~~~i~d' a ~i~i~P OCT - $ 2009 JG~PJ V9QF~DE t crnr cleat:, ~o. E~1JD, (N. THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSHI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN ~,`,l ~1a 81-~1 __ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0.9951-09 ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUC~I BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" The Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"), has previously adopted Ordinance No. 9951-09 on August 10, 2009 (the "Bond Ordinance"), authorizing the issuance of sewage works revenue bonds by the City in an aggregate principal amount not to exceed Four Million Six Hundred Thousand and 00/100 Dollars ($4°,600,000.00) (the "Bonds"). The City expected to sell its Bonds to the Indiana Finance Authority (the "Authority") pursuant to the Bond Ordinance in the amount of Three Million One Hundred Thousand and 00(100 Dollars ($3,100,000.00) pursuant to the State Revolving Fund Loan Program (ts~e "SRF Program"). The SRF Program will make additional funds available to the City and a;. a result the City can issue an additional One Million Five Hundred Thousand and 00/100 Dollars ($1;500,000.00) of its sewage works revenue bonds (equal to the amount authorized by the Bond Ordinance) to finance a project in addition to the Project described in the Bond Ordinance. The Common Council desires to amend the Bond Ordinance to include the additional 1?roject expected to be funded by the additional bond proceeds. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: . Section 1. The section of the Bond Ordinance labeled Section II. Description of the Project shall be amended as follows: Description of the Project. The Project collectively consists of (a) the acquisition, construction, installation and equipping of the following project known as "CSONet Phase 2 improvements" which include flow measurement instruments and control valves and sevrer piping changes to actuate real time monitoring and control at various CSO diversion BDDBO] 58616~~7v1 structure throttle line locations and (b) separation of storm and sanitary sewers in the area bounded by Lincolnway West on the north, Bendix on the west, Olive on the east and the Kennedy Park on the south and including bio-retention areas and groundwater recharge galleries in the park 'as well as incidental street and curb and sidewalk and street, alley and driveway aprons repair and replacement and landscaping. The City, acting by and through the Board, shall proceed with the acquisition, construction and installation of the Project and shall enter into all contracts necessary or appropriate fox such purpose, in conformity with and subject to the requirements and conditions set forth in this Ordinance and in the Act. Section 2. All remaining terms and provisions of the Bond Ordinance remain in full force and effect. Section 3. This Ordinance shall be in full force and effect from and upon comp:~iance with the procedures required by law. ~~*~:* -2- BDDBO] 5861687v1 Passed and adopted by the Common Council of the City of South Bend, Indiana, on the day of , 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council ~' ATTEST: ~~~~~ _" ~3 €'>'~y <_~ • ~;~.,. ~~ . . y °'~+~1i~S too Ti~ y~~~ S',c~B~ °•a ~p .~ • ~~yy~~~~ L:ilVi~ CSVi:h7:7 ~i~ ~: GF~1 t`~:Sf:~~ City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock .m. City Clerk Approved and signed by me on the day of o'clock .m. 1 st READWG L 0 -l L-~~ PUBLIC HEAP.lNG 3rd REA.C~lPly NOT APPROYLD RErERP.ED. PASSED Mayor, City of South Bend, Indiana -3- 2009, at 1 .,~ ; ~ ...::~ OCT - 7 2609 V~.~fii~a ~i~%(}~'~.'.~r. BDDBUI 58616~7v1 1400 COLiNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND,INDL4NA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF I,AW PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CTTYATTORNEY CHIEF ASSISTANT CITYATTORNEY October 7, 2009 Mr. Derek Dieter ~.~ President, South Bend Common Council 1 -~ ` (. ~ ~~ , (~-~~~ 4`~ Floor, County-City Building _ 1, _ 6 South Bend, IN 46601 Re: Ordinance Further Amending Ordinance #9672-06 Dear President Dieter: Attached for filing with the Common Council is an ordinance further amending Ordinance #9672-06 which authorized acquisition and installation of improvements to the City's Sewage works through issuance of additional revenue bonds. The attached ordinance approves an alternative method for selling the bonds originally authorized in Ordinance #9672-06. The alternative method is through the Indiana Bond Bank, and this would achieve interest savings on this series of bonds. The City's bond counsel has recommended the amendments to Ordinance #9672-06 which are set forth in this Ordinance. Public Works Director Gary Gilot will present this ordinance to the Common Council at its appropriate Committee meeting and at the Council's public hearing of this ordinance. Thank you for your consideration of this matter. Sincerely, C~~ ' ~, z Aladean M. DeRose Chief Assistant City AMD/cw cc: Gary Gilot Gregg Zientara `~~-tom ',.~ ~~~t~:~ ~tl~`.~ ~ij ~;~ta` •.~ ~~.~~ t'ti`':°5i tCi~~~i4:~ CITY ,_._ THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN ~~ ~~. ~~ ~~ ~~ ~ ~~ - ~c ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FURTHER AMENDING ORDINANCE N0. 9672-06 ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND INSTALLATION OF CERTAIN IMPROVEMENTS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BOND5 TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRICT OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS" The Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"j, has previously adopted Ordinance No. 9672-06 on April 10, 2006 (the "Original Ordinance"), authorizing the issuance of multiple series of sewage works revenue bonds by the City in an aggregate principal amount not to exceed Fifty-six Million Three Hundred Eighty Thousand and 00/100 Dollars ($56,380,000.00), which Original Ordinance was amended by the Common Council wit's the adoption of Ordinance No. 9767-07 on June 25, 2007 (the "Amending Ordinance" and with the Original Ordinance, the "Bond Ordinance"). The City has previously issued pursuant to the Bond Ordinance its (i) Sewage Works Revenue Bonds of 2006 on June 6, 2006, in the aggregate principal amount of Seven Million Six Hundred Thirty Thousand and 00/100 Dollars ($7,630,000.00); (ii) Sewage Works Revenue Bonds of 2007 on June 20, 2007, in the aggregate principal amount of Sixteen Million Six Hundred Thousand and 00/100 Dollars ($16,600,000.00); and (iii) Sev.~age Works Revenue Bonds of 2007 B on December 27, 2007, in the aggregate principal amount of Sixteen Million Five Hundred Fifteen Thousand and OOI100 Dollars ($16,515,000.00). The City expects to sell one (1) additional series of sewage works revenue bonds pursuant to the B and Ordinance in an aggregate principal amount not to exceed Fifteen Million Six Hundred Thirty-five Thousand and 00/100 Dollars ($15,635,000.00). In order to provide for an alternative sale method to achieve greater interest savings on such series of bonds, the Common Council desires to amend the Bond Ordinance to include certain additional provisions to authorize the sale of such series of sewage works revenue bonds to the Indiana Bond Bank (the "Bond Bank"), pursuant to the provisions of Indiana Code 5-1.5, or the Indiana Finance Authority (the "Authority"), pursuant to the provisions of Indiana Code 4-4-11 and Indiana Code 13-18-13. -NOW, THEREFORE, BE TT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, II~TDIANA, AS FOLLOWS: BDDBOl 58634~Sv1~ Section 1. The section of the Bond Ordinance labeled Section III. The Bonds is hereby amended to read as follows: Section III. The Bonds. In accordance with the Act and for the purpose of providing funds with which to pay the costs of the Project, together with all authorized costs relating thereto including the costs of issuance of the Bonds, as hereinafter defined, on account thereof, the City shall issue and sell its sewage works revenue bonds in the aggregate principal amount not to exceed Fifty-six Million Three Hundred Eighty Thousand and 00/100 Dollars ($56,380,000.00). The principal of, redemption premium, if any, and interest on the B onds shall be payable, on a parity basis with the Prior Bonds, solely out of the Sewage Works Sinking Fund referred to below. The Bonds shall be issued in one (1) or more series designated as the "City of South Bend, Indiana, Sewage Works Revenue Bonds of 200_" (with the blank to be filled in with the year in which each series of bonds are issued, with a letter designation in the event two (2) series of bonds are issued in the same calendar year) (the "Bonds"). The Bonds shall be issued as fully registered bonds in denomination or denominations of Five Thousand Dollars ($5,000) and any integral multiples thereof not exceeding the aggregate principal amount of such Bonds maturing in anyone (1) year, or in the event that the Bonds are sold to the Indiana Bond Bank (the "Bond Bank") or to the Indiana Finance Authority (the "Authority") pursuant to Section VIII of this Ordinance, shall be in multiples of One Dollar ($1). The. Bonds shall be numbered consecutively from 200_R-1 (with the blank to be filled in with the year in which each series of bonds are issued, with a letter designation in the event two (2) series of bonds are issued in the same calendar year) upward and shall bear interest at a rate not exceeding eight percent (8.0%) per annum (or ~t the rate provided in the Purchase Agreement (as hereinafter defined) with respect to any series of the Bonds that are sold to the Bank, or as provided in the Financial Assistance Agreement with respect to any series of the Bonds that are sold to the Authority), the exact rate or rates to be determined by bidding or by negotiation with the Bond Bank or the Authority. If determined by public bidding, said interest rate or rates shall be in multiples of one-eighth (1/8) or one-twentieth (1/20) of one percent (1%); otherwise, said interest rate or rates shall be in multiples of one- hundredth (1/100) of one percent (1%). All Bonds of a series maturing on the same date shall bear the same rate of interest, and the interest rate on Bonds of a series of a given maturity must be at least as great as the interest rate on Bonds of any earlier maturity. Interest on each series of the Bonds shall be calculated on the basis of twelve (12) thirty (30)-day months for a three hundred and sixty (360)-day year and shall be payable semiannually on December 1 and June 1 in each year (each an "Interest Payment Date"), commencing on the first December 1 or June 1, following the .original date of the Bonds as determined by the Controller, with the advice of the City's financial advisor and asset forth in the Issuer's Certificate (defined herein) and in the notice of intent to sell bonds for each series of the Bonds until principal is fully paid, Or as Set forth in the Financial Assistance Agreement to be entered into between -2- BDDBOi 5863495v1 the City and the Authority (the "Financial Assistance Agreement"). The principal of each series of the Bonds shall mature serially and annually on December 1 of each year, over a period ending no later than twenty-two (22) years from the date of issuance of each series of the Bonds, and in the years and amounts to be determined by the Controller with the advice of the City's financial advisor prior to the publication of the notice to intent to sell bonds referred to herein and set forth in the Issuer's Certificate with respect to each series of Bonds; except as otherwise provided in the Financial Assistance Agreement if the Bonds are sold to the Authority, and in the .years and amounts to be determined by negotiation with the Bond Bank or the Authority. The Bonds shall bear an original issue date which shall be the date of issuance of the Bonds or the first day of the month in which the Bonds are delivered, as determined by the Controller and set forth in the Issuer's Certificate for each series of Bonds (unless otherwise provided in the Purchase Agreement in the event the Bor_ds are sold to the Bond Bank or unless otherwise provided in the Financial Assistance Agreement in the event such series of the Bonds is sold to the Authority), and each Bond shall also bear the date of its authentication. Any Bond authenticated on ar before the fifteenth (15th) day of the calendar month immediately preceding the first Interest Payment Date, shall pay interest from its original issue date. Any Bond authenticated thereafter shall pay interest from the Interest Payment Date next preceding the date of authentication of such Bond to which interest thereon has been paid or duly provided for, unless such Bond is authenticated after the day which is fifteen (15) days prior to the Interest Payment Date and on or before such Interest Payment Date, in which case interest thereon shall be paid from such Interest Payment Date. " In the event that the Bonds are sold to the Authority or any other purchaser who so agrees pursuant to Section VIII of this Ordinance, it is understood that principal shall not be payable and interest shall not accrue on the Bonds until such principal amount has been advanced pursuant to requests made by the City to the Authority or to any such other purchaser, with advances to be allocable to the Bonds in order of maturity. If the Bonds are sold to the Authority, to the extent that (a) the total principal amount of the Bonds is not paid by the purchaser or drawn down by the City or (b) proceeds remain in the Construction Account established under Section X of this Ordinance and are not applied to the Project (or any modifications or additions thereto approved by the Department and the Authority for that portion or portions of the Project funded in whole or in part by Bonds sold to the Authority), the City shall reduce the principal amount of the Bonds' maturities to effect such reduction in a manner that will still achieve as level an annual debt sen-ice as practicable as described in this Section III subject to and upon the terms forth in the Financial Assistance Agreement. The Controller is hereby authorized to appoint a registrar and a paying agent for each series of the Bonds (the "Registrar" and the "Paying Agent" and, in both such capacities, the "Registrar and Paying Agent"). The Registrar and Paying -3- BDDBOI 586349~v1 Agent shall be charged with and shall by appropriate agreement undertake the performance of all of the duties and responsibilities customarily associated with each .such position, including without limitation the authentication of the Bonds. The Controller is authorized and directed to enter into such agreements and understandings with the Registrar and Paying Agent and any subsequent Registrar and. Paying Agent as will enable and facilitate the performance of its duties and responsibilities, and is authorized and directed to pay such fees as the Registrar and Paying Agent may reasonably charge for its services in such capacity, and such fees ma;' be paid from the Sewage Works Sinking Fund continued by this Ordinance. If the Bonds or BANs are registered in the name of the Authority, the Bond Bank or any other purchaser that does not object to such designation, the Controller shall be designated as the Registrar and Paying Agent and shall be charged with the performance of all of the duties and responsibilities of Registrar and Paying Agent. The Registrar. and Paying Agent may at any time resign as Registrar and Paying Agent upon giving thirty (30) days' notice in writing to the City and by first-class mail to each registered owner of the Bonds then outstanding, and such resignation will take effect at the end of such thirty (30) days or upori the earlier appointment of a successor Registrar and Paying Agent by the City. Any such notice to the City may be served personally or sent by certified mail. The Registrar and Paying Agent may also be removed at any time as Registrar and Paying Agent by the Cite, in which event the City may appoint a successor Registrar and Paying Agent. The City shall notify each registered owner of Bonds then outstanding by first-class mail of the removal of the Registrar and Paying Agent. Notices to registered owners of the Bonds shall be deemed to be given when mailed by first-class mail to the addresses of such registered owners as they appear on the registration books kept by the Registrar. Any predecessor Registrar and Paying Agent shall deliver all of the Bonds and cash in its possession with respect thereto, together with the registration books, to the successor Registrar and Paying Agent. The Controller is hereby authorized to act on behalf of the City with regard to any of the aforementioned actions of the City relating to the resignation or removal of the Registrar and Paying Agent and appointment of a successor Registrar and Paying Agent. If the Bonds are sold by public bidding, the Bonds shall, in compliance with all applicable laws, be issued and held in book-entry form on the books of the central depository system, The Depository Trust Company, its successors, or any successor central depository system appointed by the City from time to time (the "Clearing Agency"). The City and the Registrar and Paying Agent may; in connection therewith, do or perform or cause to be done or performed any acts or things not adverse to the rights of the holders of the Bonds, as are necessary or appropriate to accomplish or recognize such book-entry form Bonds. During any time that the Bonds are held in book-entry form on the books of a Clearing Agency (1) any such Bond may be registered upon the books -4- BDDBOI 58634GSv1 kept by the Registrar and Paying Agent in the name of such Clearing Agency, or any nominee thereof, including CEDE & Co., as nominee of The Depository Trust Company; (2) the Clearing Agency in whose name such Bond is so registered shall be, and the City and the Registrar and Paying Agent may deem and treat such Clearing Agency as, the absolute owner and holder of such Bond for all purposes of this Ordinance, including, without limitation, the receiving of payment of the principal of and interest on such Bond, the receiving of notice, and the giving of consent; (3) neither the City nor the Registrar and Paying Agent shall have any responsibility or obligation hereunder to any direct or. indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect of which, any such participant holds any interest in any Bond, including, without limitation, any responsibility or obligation hereunder to maintain accurate records of any interest in any Bond or any responsibility or obligation hereunder with respect to the receiving of payment of principal, premium, if any, or interest on any Bond, the receiving of notice, or the giving of consent; (4) the Clearing Agency is not required to present any Bond called for partial redemption prior to receiving payment so long as the Registrar and Paying Agent and the Clearing Agency have agreed to the method for noting such partial redemption; and (5) payment of the principal of and interest on the Bands maybe made by wire transfer or other method acceptable to the Clearing Agency. If either (i) the City receives notice from the Clearing Agency which is currently the registered owner of the Bonds to the effect that such Clearing Agency is unable or unwilling to discharge its responsibility as a Clearing Agency for the B onds or (ii) the City elects to discontinue its use of such Clearing Agency as a Clearing Agency for the Bonds, then the City and the Registrar and Paying Agent each shall do or perform or cause to be done or performed all acts or things, not adverse to the rights of the holders of the Bonds, as are necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for the Bonds and to transfer the ownership of each of the Bonds to such person or persons, including any other Clearing Agency, as the holder of the Bonds may duect in accordance with this Ordinance. Any expenses of such discontinuance and transfer, including expenses of printing new certificates to evidence the Bonds, shall be paid by the City. During any time that the Bonds are held in book-entry form on the books of a Clearing Agency, the Registrar and Paying Agent shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any participant or indirect participant with respect to the identity of any beneficial owners of the Bonds as of a record date selected by the Registrar and Paying Agent. For purposes of determining whether the consent, advice, direction or demand of a Registered Owner of the Bonds has been obtained, the Registrar and Paying Agent shall be entitled to treat the beneficial owners of the Bonds as the holders of the Bonds. -~- BDDBOI 5863495v1' During any time that the Bonds are held in book-entry form on the boos of a Clearing Agency, the Controller or the Mayor is each authorized to enter into a Blanket Letter of Representations agreement with the Clearing Agency, and the provisions of any such Letter of Representations or any successor agreement shall control on the matters set forth herein. Principal of and any redemption premium on the Bonds shall be payable at the principal corporate trust office of the Paying Agent. Interest on the Borxds shall be paid by check or draft mailed or delivered by the Paying Agent to the registered owner thereof at the address as it appears on the registration books kept by the Registrar as of the fifteenth (15th) day of the month immediately preceding the Interest Payment Date or at such other address as may be provided to the Paying Agent in writing by such registered owner. So long as the Clearing Agency or its nominee is the registered owner of the Bonds, interest on, together with the principal of and any redemption premium on, the Bonds will be paid directly to the Clearing Agency by wire transfer in same day funds by the Registrar and Paying Agent. Notwithstandingthe foregoing, principal of and interest on the Bonds, if registered in the name of the Authority or the Bond Bank, shall be paid by wire transfer to a financial institution if and as directed by the Authority or Bond Bank, as the case may be, on the due date of such payment or, if such date is a day when financial institutions are not open for business, on the business day immediately preceding such due date. So long as the Authority or the Bond Bank is the registered owner of the Bonds, the Bonds shall be presented for payment as directed by the Authority or the Bond Bank, as applicable. All payments on the Bonds shall be made in any coin or currency of the United States of America which, on the dates of such payments, shall be legal tender for the payment of public or private debt. Each Bond shall be transferable or exchangeable only on the books of the City maintained for such purpose at the principal corporate trust office of the Registrar, by the registered owner thereof in person, or by his or her attorney duly authorized in writing, upon surrender of such Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or his or her attorney duly authorized in writing, and thereupon a new fully registered Bond or Bonds in the same aggregate principal amount and of the same maturity shall be executed and delivered in the name of the transferee or transferees or the registered owner, as the case maybe, in exchange therefor. Each Bond maybe transferred or exchanged without cost to the registered owner, except for any tax or other governmental charge which may be required to be paid with respect to such transfer or exchange. The Registrar shall not be obligated to make any transfer or exchange of any Bond (i) during the fifteen (15) days immediately preceding an Interest Payment Date or (ii) after the mailing of notice calling such Bond for redemption. The City, the Registrar and the Paying Agent may treat and consider the person in whose name any Bond is registered as the absolute owner thereof for all purposes including the purpose of receiving payment of, or on account of, the principal thereof, and redemption premium, if any, and interest thereon. -6- BDDBOI 5863415v1 In the event any Bond is mutilated, lost, stolen or destroyed, the City may cause to be executed and the Registrar may authenticate a new Bond of like date, maturity, series and denomination as the mutilated, lost, stolen or destroyed Bond, which new Bond shall be marked in a manner to distinguish it from the Bond for which it was issued; provided, that in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed Bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event that any such mutilated, lost, stolen or destroyed Bond shall have matured or been called for redemption, instead of causing to be issued a duplicate Bond, the Registrar and Paying Agent may pay the same upon surrender of the mutilated Bond or upon satisfactory indemnity and proof of loss, theft or destruction in the case of a lost, stolen or destroyed Bond. The City and the Registrar and Paying Agent may charge the owner of any such Bond with their reasonable fees and expenses in connection with the above. Every substitute Bond issued by reason of any Bond being lost, stolen or destroyed shall, with respect to such. Bond, constitute a substitute contractual obligation of the City pursuant to this Ordinance, whether or not the lost, stolen or destroyed Bond shall be found at any time, and shall be entitled to all the benefits of this Ordinance, equally and proportionately with any and all other Bonds duly issued hereunder. In the event that any B and is not presented for payment or redemption on the date established therefor, the City may deposit in trust with the Paying Agent an amount sufficient to pay such Bond or the redemption price thereof, as appropriate, and thereafter the owner of such Bond shall look only to the funds so deposited in trust with the Paying Agent for payment and the City shall have no further obligation or liability with respect thereto. Section 2. Subsection (a) of the section of the Bond Ordinance labeled Section IV. Redemption of Bonds is hereby amended to read as follows: (a) Optional Redemption. Each series of the Bonds shall be subject to redemption at the option of the City, in whole or in part, upon thirty (30) days written notice, to the registered owner or owners of Bonds to be redeemed, on any December 1 not earlier than ten (10) years from the original date of each series of the Bonds, at a redemption price and in amounts and maturities and in order of maturities determined by the Mayor and the Clerk upon the advice of the City's financial advisor as set forth in a certificate of the City to be executed and attested by theMayor and the Clerk, respectively, prior to the sale of each series of the Bonds (the' "Issuer's Certificate"). Official notice of such redemption shall be mailed by the Registrar and Paying Agent by certified or registered mail at least thirty (30) days and not more than~forty-five (45) days (if the Bonds are sold to the Authority or to the Bond Bank, at least 60 days and not more than 90 days) prior to the scheduled redemption date to each~of the registered owners of the Bonds called for redemption (unless waived by -7- BDDBOI 586349~v1 any such registered owner) at the address shown on the registration books of the Registrar and Paying Agent, or at such other address as is furnished in writing by such registered owner to the Registrar; provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any Bond shall not affect the validity of the proceedings for the redemption of any other Bonds. The notice shall specify the redemption price, the date and place of redemption, and the registration numbers (and, in case of partial redemption, the respective principal amounts) of the Bonds called for redemption. The place of redemption may be at the principal corporate trust office of the Registrar and Paying Agent or as otherwise determined by tale City. Interest on the Bonds (or portions thereof) so called for redemption shall cease to accrue on the redemption date fixed in such notice, if sufficient funds are available at the place of redemption to pay the redemption price on the redemption date and when such Bonds (or portions thereof) are presented for payment. Any Bond redeemed in part may be exchanged for a Bond or Bonds of the same maturity in authorized denominations equal to the remaining principal amount thereof. In addition to the foregoing notice, the City may also direct that further notice of redemption of each series of the Bonds be given, including without limitation and at the option of the City, notice described in paragraph (i) below given by the Registrar and Paying Agent to the parties described in paragraphs (ii) and (iii) below. No defect in any such further notice and no failure to give all or any portion of any such further notice shall in any manner defeat the effectiveness of any call for redemption of Bonds so long as notice thereof is mailed as prescribed above. (i) If so directed by the City, each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. (ii) If so directed by the City, each further notice of redemption shall be sent at least thirty-five (35) days before the redemption date by registered or certified mail or overnight delivery service to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories now being The Depository Trust Company of New York, New York) and to one or more national information services~that disseminate notices of redemption of obligations such as the Bonds (such as Financial Information, Inc.'s Financial Daily Called Bond Service, Kenny Information Service's Called Bond Service, Moody's Municipal and Government News Reports and Standard & Poor's Called Bond Record). (iii) If so directed by the City, each such further notice shall be published one time in The Bond Buyer of New York, New York or, if the -8- BDDBOI 58634';Svl Registrar believes such publication is impractical or unlikely to reach a substantial number of the holders of the Bonds, in some other financial newspaper or journal which regularly carries notices of redemption of other obligations similar to the Bonds, such publication to be made at least sixty (60) days prior to the date fixed for redemption. Upon the payment of the redemption price of the Bonds (or portions thereof) being redeemed and if so directed by the City, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds (or portions thereof) being redeemed with the proceeds of such check or other transfer. Section 3. Subsection (a) of the section of the Bond Ordinance labeled Section VIII. Issuance, Sale and Delivery of the Bonds is amended to read as follows: (a) Generally. The Controller is hereby authorized and directed to have the Bonds prepared, and the Mayor, the Controller and the Clerk are each hereby authorized and directed to execute, and attest as appropriate, the Bonds in the form and manner herein provided. The Controller is hereby authorized and directed to deliver the Bonds to the purchaser or purchasers thereof after sale made and in accordance with the provisions of the Act and this Ordinance, provided that at the time of said delivery the Controller shall collect the full amount which the purchaser or purchasers have agreed to pay therefor, which shall be not less than ninety-eight percent (98%) of the par amount of the series of the Bonds being sold (or such higher percentage of the par value of such series of the Bonds as the Controller, with the advice of the financial advisor of the City, shall determine) plus accrued interest thereon to the date of delivery, if any. The City may receive payment for the Bonds in installments. The proceeds derived from the sale of the Bonds shall be and are hereby set aside for application to the costs of the Project, and including all authorized costs relating thereto, including the costs of issuance of the Bonds. The authorized officers of the City are hereby authorized and directed to draw all proper and necessary warrants and to do whatever other acts and things that may be necessary or appropriate to carry out the provisions of this Ordinance. Section 4. The section of the Bond Ordinance labeled Section VIII. Issuance, Sale and Delivery of the Bonds shall be amended to include new subsections (d) and (e) as follows: (d) Sale to the Indiana Bond Bank. The Bonds may, in the discretion of the Controller, be sold to the Bond Bank. In the event of such . determination, Bonds shall be sold to the Bond Bank at a price not less than 97.5% of the var value of the Bonds or such higher percentage of the par value of the Bonds as may be set forth in the Purchase Agreement (defined herein) and in such denomination or denominations as the Bond Bank may request and pursuant to a purchase agreement (the "Purchase Agreement") between the City and the Bond Bank, hereby authorized to be entered into and executed by the Mayor on behalf of the City, and attested by the Clerk, subsequent to the date of the adoption of this -9- BDDBOI 5863495v1 Ordinance. Such Purchase Agreement may set forth the definitive terms and conditions for such sale, but all of such terms and conditions must be consistent with the %erms and conditions of this Ordinance, including without limitation, the interest rate or rates on the Bonds which shall not exceed the maximum rate of interest for the Bonds authorized pursuant to this Ordinance. Bonds sold to the Bond Bank shall be accompanied by all documentation required by the Bond Bank pursuant to the provisions of Indiana Code 5-1.5 and the Purchase Agreement, including, without limitation, an approving opinion of nationally recognized bond counsel, certification and guarantee of signatures and certification as to no litigation pending, as of the date of delivery of the Bonds to the Bond Bank, challenging the validity or issuance of the Bonds. In the event the Controller determines to sell the Bonds to the Bond Bank, the submission of an application to the Bond Bank and the entry by the City into the Purchase Agreement and the execution of the Purchase Agreement on behalf of the City by the Mayor in accordance with this Ordinance are hereby authorized approved and ratified. (e) Sale to the Authority. The Bonds may, in the discretion of the Controller, based upon the advice of the Financial Advisor, be sold to the Authority. The- Board is hereby authorized to submit an application to the wastewater SRF loan program (the "SRF Program") under Indiana Code 4-4-11 and Indiana Code 13-18- 13. As a part of said program, the Financial Assistance Agreement for the Bonds and the Project shall be executed by the City and the Authority. The substantially final forrri of Financial Assistance Agreement attached as Appendix B hereto and incorporated herein as if set forth in this place is hereby approved by the Common Council, and the Mayor and the Clerk are hereby authorized to execute the same on behalf of the City; and to approve any changes inform or substance to the Financial Assistance Agreement, such approval to be conclusively evidenced by its execution. The Financial Assistance Agreement may set forth the definitive terms and conditions for such sale including the purchase price and interest rate, but all of such terms and conditions must be consistent with the terms and conditions of this Ordinance, including, without limitation, the interest rates on the Bonds which shall not exceed the maximum rate of interest for the Bonds authorized pursuant to this Ordinance. Bonds sold to the Authority shall be accompanied by all documentation required by the Authority pursuant to Indiana Code 4-4-11 and Indiana Code 13-18- 13, and the Financial Assistance Agreement, including, without limitation, an approving opinion of a nationally recognized bond counsel, certification and guarantee of signatures and certification as to no litigation pending, as of the date of delivery of the Bonds to the Authority, challenging the validity or issuance of the Bonds. In the event the Controller determines to sell the Bonds to the Authority, the entry by the City into the Financial Assistance Agreement and the execution of the Financial Assistance Agreement by the Mayor, and, if required, the entry by the City into ~ a purchase agreement or any other agreement with the Authority and the execution thereof by the Mayor, in accordance with this Ordinance are hereby authorized, approved and ratified. -10- BDDBOI. 58634GSv1 Notwithstanding anything contained herein, the City may accept any other forms of financial assistance, as and if available, from the SRF Program (including without limitation (1) any forgivable loans, grants or other assistance whether available as an alternative to any Bond related provision otherwise provided for herein or as a supplement or addition thereto and (2) one or more series or combination of series of Bonds). If required by the SRF Program to be eligible for such financial assistance, one or more of the series of the Bonds issued hereunder maybe issued on a basis such that the payment of the principal of or interest on (or both) such series of Bonds is junior and subordinate to the payment of the principal of and interest on other series of Bonds issued hereunder (and/or any other revenue bonds secured by a pledge of Net Revenues, whether now outstanding or hereafter issued), all as provided by the terms of such series of Bonds as modified pursuant to this authorization. Such financial assistance, if any, shall be as provided in the Financial Assistance Agreement and the Bonds of each series of Bonds issued hereunder (including any modification made pursuant to the authorization in this paragraph to the form of Bond otherwise contained herein). Section 5. The section of the Bond Ordinance labeled Section IX. Disposition of Proceeds of the Bonds• Cit of South Bend Sewa e Works Construction Account shall be amended to read as follows: Section IX. Disposition of Proceeds of the Bonds; City of South Bend Sewage Works Construction Account. The proceeds from the sale of each series of the Bonds shall be deposited and applied as follows: (a) The accrued interest and any premium received at the time of deliti~ ery of the Bonds or any unused discount shall be deposited in the Sewage Works Sinking Fund continued by this Ordinance. (bl The remaining proceeds from the sale of the Bonds shall be deposited in a bank or banks which are legally qualified depositories for the funds of the'City, in the special account to be designated as "City of South Bend, 200_. Sewage Works Construction Account" (with the blank to be filled in with the year in which the particular series of Bonds are being sold) (the "Construction Account"). Amounts in the Construction Account shall be expended only for the purpose of paying the costs of the Project, as described in the Ordinance and in the Act, together with all authorized costs relating thereto, including the costs of issuance of the Bonds, and as otherwise permitted or required by the Act. Any balance or balances remaining unexpended in the Construction Account after completion of the Project, which are not required to meet unpaid obligations incurred in connection with the acquisition and installation of the Project, shall be used solely for one or more of the purposes permitted under the provisions of Indiana Code 5-1-13, as amended, or be applied upon the terms set forth in the Financial Assistance Agreement. Pursuant to the Act, the owners of each series of the Bonds shall be entitled to a lien on the proceeds of the respective series of the Bonds until such proceeds are applied as regl~,ired by this Ordinance and by Indiana law. -11- BDDBOl 5863495v1 (c) If the Bonds are sold to the Authority, to the extent that (a) the total principal amount of the Bonds is not paid by the purchaser or drawn down by the pity or (b) proceeds remain in the Construction Account and are not applied to the Project (or any modifications or additions thereto approved by the Department and. the Authority), the City shall reduce the principal amount of the Bonds' maturities to effect such reduction in a manner that will still achieve as level an anm~al debt service as practicable as described in Section III of this Ordinance subject to a:nd upon the terms forth in the Financial Assistance Agreement. Section 6. Subsection (b) of the section of the Bond Ordinance labeled Section XI. Sewa>?e Works Sinking Fund is hereby amended and restated in its entirety and a new subsection (c) shall be added to said Section XI as follows: (b) Debt Service Reserve Account. On the first day of each calendar month, after making the credits to the Bond and Interest Account, there shall be credited from available net revenues to the Debt Service Reserve Account an amount not less than an amount which will produce, in equal monthly installments over a sixty (60) month period, an amount equal to the least of (i) maximum annual debt service on all bonds payable from the net revenues of the Sewage Works, (ii) 125% of the average annual principal and interest payable on all bonds payable from the net revenues of the Sewage Works, or (iii) ten percent (10%) of the proceeds of all bonds payable from the net revenues of the Sewage Works, plus a minor portion thereof as defined in the Internal Revenue Code of 1986, as amended (the "Code") (the "Debt Service Reserve Requirement ). Said credits to the Debt Service Reserve Account shall continue until the balance therein shall equal the Debt Service Reserve Requirement. The Debt Service Reserve Account shall constitute the margin for safety as a protection against default in the payment of principal of and interest on the bonds, and the moneys in the Debt Service Reserve Account shall be used to pay current principal and interest on the bonds to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. In the event moneys in the Debt Service Reserve Account are transferred to the Bond and Interest Account to pay principal and interest on bonds, then such depletion of the balance in the Debt Service Reserve Account shall be made up from the next available net revenues after the credits into the Bond and Interest Account hereinbefore provided for. Any moneys in the Debt Service Reserve Account in excess of the Debt Service Reserve Requirement shall be transferred to the Sewage Works Improvement Fund, and in no event shall such excess moneys be held in the Debt Service Reserve Account. In the event the Bonds are sold to the Authority, notwithstanding the foregoing, the Reserve Requirement shall be the combined maximum annual debt service on the Bonds, any Prior Bonds payable from the Reserve Account, and any parity bonds hereafter issued: In such event, on each December 2 subsequent to the delivery of the Bonds, beginning with the December 2 immediately succeeding completion of the Project, the Controller shall decrease, if necessary, the amount on deposit in the Reserve Account so that the remaining amount on deposit equals the Reserve Requirement, provided that the City shall provide to the Authority fifteen - i2 - BDDB01 5863495v1 (15) days prior written notice of any such intended transfer from the Reserve Account. In the event additional bonds payable from the Net Revenues of the Sewage Works are hereafter issued on a parity with the Bonds, the Reserve Requirement shall be proportionately increased to equal maximum annual debt service on the Bonds, any Prior Bonds payable from the Reserve Account, and all bonds hereafter issued on a parity therewith; provided, that, if nationally recognized bond counsel is unable to provide an opinion that interest on such proposed additional parity bonds is excludable from gross income for federal income tax purposes as a result of the determination of the Reserve Requirement in the manner pro~~ided in this paragraph, then the City may, in order to allow such opinion to be issued, establish a separate reasonably required reserve fund that secures only the proposed parity bonds and shall expressly provide in the authorizing ordinance for such proposed parity bonds that the moneys deposited in the Reserve Account hereby as a margin of safety for the payment of principal of and interest on the Bonds do not secure such proposed parity bonds. The City may at any time and from time to time fund all or any part of the Reserve Account by depositing in the Reserve Account one or more debt service reserve surety bonds or insurance policies (each, a Reserve Account Credit Instrument"), each of which is issued by an insurance company rated at the time of deposit in the highest rating category by Standard & Poor's Corporation and Moody's Investors Service. As long as any Reserve Account Credit Instrument is in full force and effect; any valuation of the Reserve Account shall treat the maximum amount available under such Reserve Account Credit Instrument as its value. If the Reserve Account Credit Instrument is provided subsequent to the initial cash contribution to the .Reserve Fund, and the Bonds are purchased by the Authority, notice of the purchase of the Reserve Account Credit Instrument shall be given to the Authority. Prior to applying any funds held in any debt service reserve accounts securing any obligations payable out of the revenues of the sewage works of the City to the payment of such obligation, the City shall cause all funds held in the Sewage Works Sinking Fund (or any like fund or account from which debt service has been structured to be paid) to be applied in full before any such reserve accounts are so applied. (c) Depository Agreements. The Sinking Fund, containing the Bond and Interest Account and the Reserve Account, and/or the Construction Account may be held by a financial institution acceptable to the Authority, pursuant to terms acceptable to the Authority. If the Sinking Fund and the accounts therein are held intrust, the City shall transfer the monthly required amounts of Net Revenues to the Bond and Interest Account and the Reserve Account, and the financial institution holding such funds in trust shall be instructed to pay the required payments in accordance with the payment schedules for the City's outstanding bonds. The Common Council hereby authorizes the Mayor and Controller to execute and deliver an agreement with a financial institution to reflect this trust arrangement for the Sinking Fund and/or the Construction Account. -13- BDDBOl 5863445v1 Section 7. The section of the Bond Ordinance labeled Section XIII. Books of Record and Accounts shall be amended and restated as follows: Section XIII. Books of Record and Accounts. The City shall keep proper books of record and accounts, separate from all of its other records and accounts, in which completed and correct entries shall be-made showing all revenues collected from said works and deposited in said funds, and all disbursements made therefrom on account of the operation of the works, and to meet the requirements of the Sewage Works Sinking Fund, and all other financial transactions relating to said works, including the amounts set aside or credited to the Sinking Fund, the Sewage Works Operation and Maintenance Fund and the Sewage Works Replacement Fund, and the cash balances in each of said funds and accounts described herein as of the close of the preceding fiscal year. There shall be prepared and furnished to the original purchaser or purchasers of the Bonds, and, upon written request, to any owner of the Bonds at the time then outstanding, not more than one hundred twenty (12~~) .days after the close of each fiscal year, complete financial statements of the works, covering the preceding fiscal year, which annual statements shall be certified by the Controller, or by licensed independent public accountants employed for that purpose. Copies of all such statements and reports shall be kept on file in the office of the Controller. Any owner or owners of the B onds then outstanding shall have the right at all reasonable times to inspect the works and all records, accounts and data of the City relating thereto. Such inspections may be made by representatives duly authorized by written instrument. If the Bonds are sold to the Bond Bank or the Authority, the City shall establish and maintain the books and other financial records of the Project (including the establishment of a separate account or subaccount for the Project) and the Sewage Works in accordance with (i) generally accepted accounting standards for utilities, on an accrual basis, as promulgated by the Government Accounting Standards Board, and (ii) the rules, regulations, and guidance of the State Board of Accounts. Section 8. The section of the Bond Ordinance labeled Section XIV. Rates and Char es shall be amended to read as follows: ' Section XIV. Rates and Charges. The City covenants and agrees that it will establish and maintain just and equitable rates or charges for the use of and the services rendered by said works, to be paid by the owner of each and every lot, parcel of real estate or building that is connected with and uses said Sewage Works by or through any part of the sewage works system of the City, or that in any way uses or is served by such sewage works, at a level adequate to produce and maintain sufficient revenue (including user and other charges, fees, income, or revenues available to the City) to provide for the proper Operation and Maintenance (as defined in the Financial Assistance Agreement) of the works, to comply with and satisfy all covenants contained in this Ordinance and the Financial Assistance Agreement, and for the payment of the sums required to be paid into the Sewage Works Sinking Fund by fhe Act and this Ordinance; and that such rates or charges shall be sufficient in -14- BDDBOl 5863495v 1 each year to produce net revenues, as defined in Section XI of this Ordinance, at least equal to 1.25 times the greater of the average annual debt service on the Prior Bonds, the Bonds and all bonds on a parity therewith or the debt service payable during the next succeeding twelve calendar months on the Prior Bonds, the Bonds and all bonds on a parity therewith. For these purposes, the interest rate on variable rate debt shall be assumed to be the average interest rate thereon in the preceding calendar year. Such rates or charges shall, if necessary, be changed and readjusted from time to time so that the revenues therefrom shall always be sufficient to meet the expenses of Operation and Maintenance of the Sewage Works and the requirements of the Sewage Works Sinking Fund. The rates or charges so established shall apply to any and all use of such Sewage Works by and service _ rendered to the City and all departments thereof and shall be paid no less frequently than semi-annually by the City or the various departments thereof as the charges accrue. Section 9. The section of the Bond Ordinance labeled Section XVII. Additional Covenants of the City shall be amended and restated as follows: Section XVII. Additional Covenants of the City. For the purpose of further safeguarding the interests of the owners of the Bonds herein authorized, it is spedifically provided as follows: ' (a) All contracts let by the City in connection with the construction of said additions and improvements to the Sewage Works shall be let after due advertisement as required by the laws of the State of Indiana, and all contractors shall be required to furnish surety bonds in an amount equal to one hundred percent (100%) of the amount of such contracts, to insure the completion of said contracts in accordance with their terms, and such contractors shall also be required to carry such employers liability and public liability insurance as are required under the laws of the State of Indiana in the case of public contracts, and shall be governed in all respects by the laws of the State of Indiana relating to public contracts. (b) Said additions and improvements shall be constructed under the supervision and subject to the approval of the Consulting Engineers or such other competent engineer as shall be designated by the Board. All estimates for work done or material furnished shall first be checked by the Consulting Engineers and approved by the Board. (c) The City shall at all times maintain its Sewage Works in good condition and operate the same in an efficient manner and at a reasonable cost. (d) So long as any of the Bonds herein authorized are outstanding, the City shall maintain insurance coverage (which must be acceptable to the . Authority if the Authority owns the Bonds), including fidelity bonds, to protect the -15- BDDBOl 586349vi sewage works and its operations on the insurable parts of said Sewage Works of a kind and in an amount such as would normally be carried by private companies engaged in a similar type of business. All insurance shall be placed with responsible insurance companies qualified to do business under the laws of the State of Indiana, provided, however, such insurance requirement may be satisfied, in part or in whole, through the City's self insurance program. In the Bonds are sold to the Authority for participation in the wastewater SRF loan program under Indiana Code 13-18-13, use of the City's self-insurance program to satisfy any of the insurance requirements set forth herein shall be subject to the approval of the Authority. Insurance proceeds and condemnation awards shall be used to replace or repair the property, or, if not used for that purpose, shall be treated and applied as net revenues of the sewage works (provided such is consented to by the Authority if tYie Authority owns the Bonds). (e) So long as any of the Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber such sewage works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete, without the prior written consent of the Authority if the Bonds are sold to the Authority. (f) If the Bonds are sold to the Authority, the City shall not borrow any money, enter into any contract or agreement or incur any other liabilities in connection with the Sewage Works, other than for normal operating expenditures, without the prior written consent of the Authority if such undertaking would involve, commit, or use the revenues of the Sewage Works. (gj Except as hereinbefore provided in Section XVI hereof, so long as any of the bonds herein. authorized are outstanding, no additional bonds or other obligations pledging any portion of the revenues of said Sewage Works shall be authorized, executed or issued by the City except such as shall be made subordinate and junior in all respects to the bonds herein authorized, unless all of the bonds herein authorized are redeemed, retired or defeased pursuant to Section XV hereof coincidentally with the delivery of such additional bonds or other obligations. (h) The City shall take all action or proceedings necessary and proper to require connection of all property where liquid and solid waste, sewage, night soil, or industrial waste is produced with available sanitary sewers. The City shall, insofar as possible, cause all such sanitary sewers to be connected with said Sewage Works. (i) The provisions of this Ordinance shall constitute a contract by and between the City and the owners of the sewage works revenue bonds herein authorized, and after the issuance of said bonds, this Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the owners of said bonds, nor shall the Common Council adopt any law, ordinance or resolution which in any way adversely affects the rights of such owners so long as any of said bonds or the interest thereon remains unpaid. -16- BDDBOl 58634'?Svl (j) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the bonds herein authorized for the uses and purposes herein set forth, and the owners of the bonds shall retain a lien on such respective proceeds until the same are applied in accordance with the provisions of this Ordinance and of the Act. The provisions of this Ordinance shall also be construed to create a trust in the portion of the net revenues herein directed to be set apart and paid into the Sewage Works Sinking Fund for the uses and purposes of said fund as in this Ordinance set forth: The owner of said bonds shall have all of the rights, remedies and privileges set forth in the provisions of the Act, including the right to have a receiver appointed to administer said Sewage Works in the event of default in the payment or the principal of or interest on any of the bonds herein authorized or in the event of default in respect to any of the provisions of this Ordinance or the Act. The Common Council reserves the right, however, to amend this .Ordinance from time to time to preserve the Tax Exemption described in Section XTk hereof without the approval of any owner of the bonds so long as the Common Council. certifies that such amendment does not violate subsection (i) of Section XVII; provided, however, that if the Bonds are sold to the Authority, the City shall obtain the prior written consent of the Authority. Section 10. The following shall be added as the last sentence to the section of the Bond Ordinance labeled Section XXI. Supplemental Ordinances: Notwithstanding anything in this Section XXI of this Ordinance, as to any series of Bonds sold to the Authority pursuant to Section VIII of this Ordinance, no supplemental ordinance shall be adopted unless consented to in writing by the Authority. Section 11. All remaining terms and provisions of the Bond Ordinance remain in full force and effect. ***** -17- BDDBOl 586349Sv1 Passed and adopted by the Common Council of the City of South Bend, Indiana, on the day of , 2009. ATTEST: City Clerk #ai~;:T`~ ~~ f~e~ ~~'iF~ ~~ ~Ef2G~` 6`i~. ~V~v~E';~~~ ,G~il~~ CQUncii c~C~t~;10~ f~i~ issue, Presented by me to the Mayor of the City of South Bend, Indiana, on the day of _, 2009, at o'clock .m. City Clerk Approved and signed by me on the day of 2009, at o'clock .m. Mayor, City of South Bend, Indiana i st kEAbtR~ ~ c~ - ~ Z-` ~ ~~ Pusuo ttE~~t~?=' 3 rd RED L'Ei~{G P~EFEI'L~~. p~SSED COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council -18- L QCT - 7 2GG9 ac;~ra ~QC~~~ BDDBOI 5863495v1 RESOLUTION NO. A RESOLUTION COr:TFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly lmown as 1400 West Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast comer of the Southwest'/a of said, section 35; thence South 89 49' S2" West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55' 00" West, 116.24 feet; thence North 00 00' 27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55' 00" West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55' 18" East of the Northeast addition to the City of South Bend recorded April 6, 1906 in the Plat Book 0, pages 30 and 31; thence South 89 55' 18" East along the South line of King Street, 352.84 feet; thence North 00 00' 27" West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06' 09" East, 128.81 feet; thence North 89 46' 49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37' 15" West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00' 00" West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast comer of the '/< of said section 35; thence North 00 00' 30" West (bearing assumed) along the East line of said Southwest'/< a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00' 30" West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56' 09" West along said South line of Queen Street 176.60 feet, thence North 00 02' 36" Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56' 09" West along said centerline of alley, 131.27 feet; thence South 00 06' 09" West along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56' 09" West along Allen Street; thence South 00 OS' S 1" West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58' 27" East along said South line of McCartney Street, 12.91 feet; thence South 00 06' 09" West 6.11 feet; thence North 89 56' 09" East 308.71 feet to the Point of Beginning. and which has Tax Key Numbers 018-2110-4065 and 18-2110-4067, 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 WI~REAS, 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 II. The Common Council hereby determines that the property owner >s qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. 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 Cgvuncil „r`~ 1~7~ iC4My #.$ ~r;%~ ~S£~ ii: f?'•~ ~j t~~:4•'1~,56 tu.:k F gyn.. f, .. s:;~ _} n. .1 Rti PRESENTS!?, :. ~ O--Lt°-`~ `~ lti'~T 7~PP~Q ~E~z:~; ~~ ~':~:I'~-~'~ ~~~t~~' SE° 1 8 2009 i44'~?'tb t~4f,•~DE • CiT@ CLSr ?~, EQ. ~Et~(1, Its. '~IZQPTE~ >, 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 VACAl®TT LAND I1~ZMEDIATEL~' BEHIND 2630 PRAIR~ AVENUE (PRAIlZIE APARTMENTS -PHASE. ~ AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR PRAIRIE APARTMENTS HOUSING PARTNERS H, L.P. WHEREAS, a petition for real property tax abatement 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 Vacant Land Immediately Behind 2630 Prairie Avenue (Prairie Apartments -Phase II), South Bend, Indiana, and which is more particularly described as follows: Outlot B Hollingsworth Prairie Avenue, Minor Subdivision, Instr. #0654912 and which has Key Number 018-8153-5514.05 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et sew., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6- 1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et se _., for tax abatement. SECTION II. The Common Council hereby determines and fords the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the 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 § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (10) ten years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council • a ..~ . ~e'1~~~`e-,7 ~i f,'iu ~~:~;~ t~ ~~?3 E^~~ ;:7SA~~*R, n ~~~~~~~3e`3 ;~;5 ~_ ~ r std ~G~f~~ 2~ s~ ~:~ U'SJ Eaw~~ ~ Cp 7 di~'~ ~~-L~-`, ~~;E;EP'~'~i~ .•.. oc ~ ~ ~ Zoc~ u~!'!!r' v~~~!"':~F C!1"Y CLERK, do. BBP!'J, !;J. ~DOPTE~3 1200 ~'.pUNTY-CITY BUILDING 227 W. ]EFFEFSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-937] FAx 574/235-902] TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC .DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR October 12, 2009 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: EQUAL DEVELOPMENT, LLC/PRAIRIE APARTMENTS HOUSING PARTNERS II, LP Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition from the above-referenced petitioners for the construction of Phase II of Prairie Apartments, amulti-family residential facility. Phase II is located behind 2630 Prairie Avenue (Phase One's address). Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioners propose to construct a total of 96 one, two, three, and four bedroom units. The petitioners are seeking a (10) ten- year real property tax abatement. The current owner of the property, Equal Development, LLC, intends to convey it to Prairie Apartments Housing Partners II, LP. A representative of the petitioners .will be available to meet with the Committee on Monday, October 26, 2009. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL R' PROGRAM PAMELA C. MEYER DONALD E. INKS 1V1I\1VAGEb1ENT 5741235-9660 574/235-9371 ELIZABETH LEONARD FAX: 5741235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDLWA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: EQUAL DEVELOPMENT, LLC/PRAIRIE APARTMENTS HOUSING PARTNERS II, LP (PRAIRIE APARTMENTS -PHASE II) DATE: October 12, 2009 On October 12, 2009, a petition for multi-family real property tax abatement consideration for property located behind 2630 Prairie Avenue (Phase One's address) was filed with the City Clerk by Equal Development, LLC/Prairie Apartments Housing Partners II, LP. Pursuant to Chapter 2, Article 6, Section 2-77:1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION The petitioners intend to construct a 96-unit, multi-family housing project which will contain two-story frame buildings featuring one, two, three, and four bedroom units. Each unit will provide residents with a full-size washer and dryer, exterior storage, patios or balconies, walk-in closets, built-in dishwasher, window blinds, wall-to-wall carpeting, central air, garbage disposal, cable hook-ups, and high-speed Internet access. Each unit will also have afirst-floor exterior entrance; garages will be available to residents for an additional fee. Phase I of the development already features a large clubhouse with managers' offices, community room, community TV with cable, fitness room, computer room, and a kitchen area. Equal Development, LLC currently owns the property and intends to convey it to Prairie Apartments Housing Partners II, LP. The estimated cost of Phase II construction is $8,000,000. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235-9660 5741235-9371 ELIZABETH LEONARD Fax: 574/235-9697 574/235-9371 South Bend Common Council RE: Equal Development, LLC/Prairie Apartments Housing Partners II, LP October 12, 2009 Page 2 Total taxes to be abated during the (10) ten-year abatement period are estimated at $1,000,754. Total taxes to be maid during the (10) ten-year abatement period are estimated at $1,417,359. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. However, an associate business, Prairie Apartments Housing Partners, LP,* was granted a tax abatement for Phase I of the development as follows: Term/Type Resolution No. Date 10-year real property 3711-07 2/26/2007 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (10) ten-year real property tax abatement under Section 2-77, Multi-Family Residential Developments. * Equal Development, LLC, Prairie Apartments Housing Partners II, LP and Prairie Apartments Housing Partners, LP are controlled by William Hollingsworth, Principal at Equal Development. 12-Oct-09 PRAIRIE APARTMENTS -PHASE II Public Beneft Points Summary * Qualify Earned Available Public Benefit Item: Y or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan Y 36 36 Sub-total Project Related: 36 120 2. Super Size Projects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399% Y 65 65 D. 400% and Over Y 52 52 Sub-total Super Size Projects: 210 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contracts N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub-total Construction Related: 0 141 4. Wage & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 0 Sub-total Wage & Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 83 152 6. Pav for Municiaal Infrastructure: (point values are cumu lative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50% of Extension Cost N 0 26 C. Pay for 51-75% of Extension Cost N 0 39 D. Pay for 76-100% of Extension Cost N 0 52 Subtotal Infrastructure Related: 0 131 7. Support a Municiaal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 453 1000 * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 10 YEAR 9-Oct-09 PRAIRIE APARTMENTS HOUSING PARTNERS II, LP South Bend Portage Township Real Property Tax Abatement Schedule' Assessed Value' Current Assessed Value Base Assessed Value less Abatement Deduction Nel Assessed Value Prooertv Taxes• Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Nel Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap Tax Key Number Curcent Assessed Value: Estimated Protect Cost: 100 85% 018-8153-5514.05 16,000 6,000.000 Current W Ithout 100 % 95 % 80 % 65 % 50 % ars Y 40 % Year6 - 30 % earl 20 % Year 10 % Year9 5 Year 10 AV 8 Tax Abatement Ye r Y r ear 1 000 Year4 000 16 e 16 000 16,000 16,000 16,000 16,000 16,000 16,000 16,000 800 000 6 16,000 800 6 000 16,000 800,000 6 6, 6,800,000 , 6.800,000 , 6,800,000 6,800,000 6,800,000 6,800,000 6,600,000 690 000 6,800,000 000) (340 , , 0 , , (6 800 000) , (6 460 000) (5 440 000) (4 420 000) 6 000 (3 400 000) 000 416 3 (2 720 000) 4 096 000 (2 040 000) 4 776 000 (1,360,000) 5 456 000 ) ( 6 136 000 , 6 476 000 16,000 6,816,000 16,000 356,000 1,316,000 , 2,39 , . , , 4.3075% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% ~ 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 688 293,190 688 15,313 59,189 103,064 146,939 176,189 205,440 234,690 263,940 278,565 (121) (51 379) 0 0 0 0 0 0 0 (327) (25,653) (38,616) 568 241,811 688 15 313 59 189 103,064 146,939 176,189 205 440 234 363 238 087 239 949 3.0000% 480 204,480 204,480 204,480 204,480 204,480 204,480 204,480 204,480 204,460 204,480 204,480 0.5477% 568 241 811 204,568 206,430 212,016 217,603 223,189 226,914 230,638 234,363 238,087 239,949 New Combined Nel Existing Project Existing 8 New Tax Tax Year Is~x€;: xe Iii 94dt~d P~4 1 568 241,244 241,811 241,123 688 2 568 241,244 241,811 226,498 15,313 3 568 241,244 241,811 182,623 59,189 4 566 241,244 241,811 138,747 103,064 5 568 241,244 241,871 94,872 146,939 6 568 241,244 241,811 65,622 176,189 7 568 241,244 241,811 36,372 205,440 8 568 241,244 241,811 7,449 234,363 9 568 241,244 241,811 3,724 238,087 10 568 241,244 241,811 3,724 238,087 Totals 5 676 2 412 436 2 41 B 112 1,000,754 1,417,359 `This schedule is for estimation purposes only and assumes constant tax rates. The true tax values ~~` 4~ STATEMENT OF BENEFI 15 ~~ ~``°~ REAL ESTATE IMPROVEtJIENTS x'" ~`; ~. State Form 51767 (R2 ! 1-07) ~'`~~~ Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code {check one box): ^ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20_ PAY 20_ FORM SB-1 1 Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which fhe person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after Juty 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERAA/BD, Whichever is applicable, must be filed with fhe CounlyAuditorby the later of.• (1) May 10; or (2) fhirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefrts was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application to show compliance with the Statement of tenefits. jIC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3Q)] 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shalt continue to apply to a statement of benefrts filed before •• • ~ Name of taxpayer Equal Development, LLC Address of taxpayer (number and street, city, state, and ZIP code) 12557 Branford St, Carmel, IN 46032 Name of wntad person Telephone number E-mail address William J. Hollingsworth (317) 557-9442 whollingsworth(a~equaldev Name of designating body Resolution number City of South Bend Location of property County OLGF taxing district number 1630 Prairie Ave, South bend, IN 46614 (phase II) St. Joseph Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) 96 apartment units 08/01/2010 Estimated completion dzte (month, day, year) 08101!2011 •• • Current number Salaries Number retained Salaries . ~ . -. Number additional ~ Salaries 3.00 $86,959.00 3.00 $86,959.00 : 2.00 $48,000.00 •.•. ~ ~-. NOTE: Pursuant to IC6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values 16.000.00 16.000.00 Plus estimated values of proposed project 8.016.000.00 Less values of any property being replaced 0.00 Net estimated values upon completion of project 8.000.000.00 ~ ~ ~ ~ ~ •~ ~ Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits _ ~ ~El~~} ~~ ~`(~~"~~~v' YflC.pr OCT i 3 2~~~ ae;i~l vo~~gL~i= CITY CLs"a;Y•, dO. BEI;a, Ill. • ,~. `° ; I hereby certify that the representations in this statement are true. Signature of authorized repre t ive Title - Oate signed (month, day, year) ~ Sole Member 10/12/2009 U ti ~-~ Page 1 of Z We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IG 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body ' If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of Gme a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C.' 6-1.1-12.1-1, et seq.' and South. Bend Municipal Code Sec. 2-76 et- seq.' for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: Prairie Apartments Phase II (96 units) is designed to be a mazket leading affordable property. With a design that won't be confused with the many of the cookie cutter unit & building designs, Prairie Apartments is designed for long term competitiveness and viability. The site located on Prairie Avenue, just west of Locust Road, adjacent to Bruno's Restaurant and behind Phase I of Prairie Apartments (128 units). Buildings will be two stories and feature one, two, three and four bedroom units. Each unit will provide residents with best in class amenities, including full size washer & dryer, exterior storage, patios or balconies, walk in closets, built in dishwasher, window blinds, wall to wall carpeting, central air, garbage disposal, cable hook-ups, and high speed Internet access in each unit. Each unit will also have a first floor exterior entrance providing another truly unique opportunity for residents to feel at home. With multiple building and unit designs, a full slate of amenities and features, and a modern clubhouse this project will be a model for the great city of South Bend. The community will feature a large clubhouse with managers' offices, community room, community TV with cable, fitness room, computer room, and kitchen area. Gazages will be available to residents for an additional fee. This community will provide employees from the area retail and commercial companies, employees of the University of Notre Dame, St Mary's College, and several growing industrial companies with convenient, affordable, and superior housing; an absolute need that would be filled. There will be 10 units set aside for disabled residents. Real Services, the largest service (Rev S 0/23106) 1 provider in the South Bend azea has agreed to an extensive referral agreement to include a litany of services, programs, and help for our residents. The property will use several "Green" construction methods, materials, and appliances including Energy Star heating & cooling system, windows, dishwashers, refrigerators, and ceiling fans. The market is in need of an affordable project precisely like Prairie Apartments phase II. Phase I lease up to 100% by moving in at least one family per business day on average. Our occupancy remains at 100% with nearly 40 families on a wait list. With our amenities, great location, and unit features Prairie Apartments will be the property to lead occupancy statistics year after year. The developer, Equal Development, L.L.C., and the entire development team offer exceptional expertise. Equal Development, LLC, owned by William J. Hollingsworth, is truly a one of a kind organization. With several hundred affordable apartments, Hollingsworth has achieved an impressive record of successful property management, construction and development including a number of successful projects dating back to 2000. Born out of the belief that nobody cares for a property like the owner, Hollingsworth has been involved in the management, construction and development of several "front cover" examples of the highest standards of the industry. With a decade of proven local Indiana operations and a continuing commitment to providing solid, successful property operations, Hollingsworth stands proud of his history, continued success, trained personnel, and "hands on" style with Equal Development, LLC. Please see Exhibit D for photographs of Prairie Apartments (Phase I). (Rev 10/23/06) 2 Land Size 9.13 acres acres; Building Size Approximately 113,790, 6 buildings sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Prairie Apartments Phase II (96 units) is designed to be a market leading affordable rental apartment complex located directly behind (South) Prairie Apartments Phase I. 3. Estimate the dollar value of the project (excluding land): $8,000,000 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $16,000 S. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST (%) F.nual Development, LLC, 12557 Branford St. Carmel 1N 46032 100% Attn: William Hollingsworth (Rev 10/23/06) ~ (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST (~) Prairie Auartments Housing Partners II, L.P., 12557 Branford St. Carmel.lN 46032 100% Purchase Contract to buyy the property (also controlled by William Hollingsworth) 6. The commonly known address of the Property is: 2630 Prairie Avenue, Clubhouse, South Bend, IN 46614 (Phase One's address) 7. The Key Number(s) of said property is: Parcel # 018-8153-551405 State Parcel ID # 71-08-22-176-030.000.026 8. A legal description of the above address is attached hereto, marked AExhibit A,@ and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked AExhibit ~f (Rev IZ/29/06) ®,@ and incorporated herein. 10. Photographs of the property, taken within two (2) weeks, of filing of this petition, are attached hereto, marked AExhibit C,@ and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 2 full-time and 0 part-time permanent jobs within the first year, representing a new annual payroll of $ - 48,000 and will maintain 3 existing permanent full-time and 0 existing permanent part-time jobs including existing permanent full-time minority employment of 2 and existing permanent part-time minority employment of n/a with an annual payroll of $ 86,959.60 + Benefits 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): Landscaping/Grounds keeping/General laborer Person: $23,000 Mean wage estimate 37-3011 Landsca in and Groundske in Workers $10.88 $22,640 2.4 Office Clerk/Assistant: $25,000 Mean wage estimate 43-9061 Office Clerks. General $10.82 $22,510 2.4 (Rev 12/29/06) 13. Provide current employment wage information including; base rate, cost-of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements (average hourly rate or range): Full-Time Part-Time Laborers $ 12.00/hour + Benefits $ Technical $ n/a $ Managerial $ 17.67/hour + Benefits $ Administrative $ 12.62/hour + Benefits $ 14. Indicate whether your company provides the following benefits (use Y/N): Y Health Care Benefits Y Pension Plan Y, Employer Provided Training (recognized or certified training/educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and (Rev 12/29/06) forth from residence to place of employment) Employer-Assisted Housing Program (provide an employer-assisted home ownership program) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes 2008 $665.86 $0 2007 Not determinable -as it was part of a larger parcel 2006 It was always less than the 2008 for every Year prior 2005 always $0 personal property taxes 2004 (this information may be obtained from the St. Joseph County Treasurers office 235-9531) 16. Please list the number of full-time and part-time minority employees for each of the last three years: 7 (Rev ] 2/29/06) Year 2009 2008 2007 (not built yet) Full Part Full Part Full Part Black 2 1 n/a Hispanic Asian Indian Other 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: This is our Equal Opportunity Employment Policy: It is our policy that, as required by law and by our company's values, equal employment opportunities be available to all persons without regard to race, sex, age, color, religion, national origin, disability, citizenship status, or any other category protected under federal, state, or local law. This policy applies to employees and applicants and to all phases of employment including hiring, promotion, demotion, treatment during employment, rates of pay or other forms of compensation, and termination of employment. We will take appropriate steps to provide reasonable accommodations upon request to qualified individuals with disabilities so long as doing so does not cause an undue hardship. We also will take appropriate steps to provide reasonable accommodations upon request to employees whose religious beliefs or restrictions create a conflict with our policies, practices, or procedures so long as doing so does not cause an undue hardship. If you need accommodations, please contact your immediate supervisor to discuss your situation and your needs. (Rev ]2/29/06) 18. Indicate whether or not your project meets .any of the following criteria (contact Community & Economic Development Dept. 235-9335 for information on this section): Conversion to residential use of a commercial AEligibte Building@ as designated by the Community & Economic Development Dept. Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as outstanding or Significant in the most recent Historic .Preservation Commission county wide survey. Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department Pays for the cost of cleaning up a ABrownfield,@ which is any site, building facility or complex that has been designated a Brownfield by the Community and Economic Development Department. X Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted ' at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): No 9 (Rev 12129/06) 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? No 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed ): Yes. Domestic water line, sanitary sewer line, and street lighting will all be extended to the project. co (Rev 12/29/06) 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). To be determined All construction materials that are local will be given preference if costs, time, and all other factors are equal. 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application ). To be determined All construction companies that are local will be given preference if costs, time, and all other factors are equal. 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAILS) major group within which the proposed project would be classified, by number and description: 6513 Operators or Apartment Buildin4s 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 531110 Lessors of Residential Buildings & Dwellings f/ (Rev 12/29/06) 27. The current use of the Property is vacant and the current zoning is MF-2 (This information may be obtained from the Building Department 235-9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. Yes. A related entity Prairie Apartments Housing Partners, L.P. (phase I) was granted a tax abatement on 2/21/07. Both parcels are owned and controlled by William J. Hollingsworth 29. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South•Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. Federal Low Income Housing Tax Credits in the estimated_ amount of i~ (Rev 12/29/06) $1 200,000 will be applied for in December 2009. 30. The following person(s) should be contacted as Petitioner=s agent regarding additional information and public hearing notifications: Name: William J. Hollingsworth Address:12557 Branford Street Carmel, IN 46032 City, State, Zip: Telephone: 317-5 5 7-9442 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. ~3 (Rev 12/29/06) Name: n/a Address: City, Telephone: State, Zip: I7 (Rev 12/29/06) WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. .~~,~~ fi;~ ~t~>fi5'~ ~fifiice 0~~ } 3 2009 (Rev 12/29/06) Name of Property Owner(s): By: 1 (Signed Name) f dt2 ,~,~.hPr~r o'~L~c6 ua.t l~ev~t~^u'~~ ~~ L (Typed or printed name and capacity of signor if signed by an agent or representative of the owner. ) /,y Exhibit A Outlot B Hollingsworth Prairie Avenue, Minor Subdivision, Instr. #0654912 a r~t"n,~r74q v; ~'Gi .. ,. .._ ~n~g li,;; Ci;•~ Ads r'?' ~<~. I`1, 1 {'tkF'~{y btY F1~'`i 41. ti~sK "K'w~R~V.! ocT 1 ~ 2oog ~c~ar~ vc,^nc; Exhibit B CITY ct~r,l+, s~. "w`r?^, lit. • ._._.s~ Uucballalt § .: I >f P 3'y11 i ~t~c, //) O IAA 42 -'^,,.r. ._.../,,~ P I 1~~'^ 1 {. 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F ~M11"'~ CATALDO COURT _.._. _ ............._ ~ ruD. s/6' IROx~ ^ - ~{ ~ SINGS-E i ` ~ ~ gm 6 1 'I~.GF'rL~SED` i ~ ~ I ( ~ 2D a ~'. - , 7 6 I 9 i 10 ~ 11 14 ~ 13 I 11 15 i 16 17 19 I 16 ~\ d e I v ~ $ OAND k NARY , ~ i ~ ~ ~ ~ I I I t'~ ruD. pwrm RDxI ~ w.. x/x„va P_KA~E~ PHASE 1~ ,max. a ~,~,,; .„ w; ~ a,~ •^ • : xx,~.>vax, PROPOSED SITE PLAN • ..,~.~R, N..~.-• .--- Exhibit C Page 1 of 5 Exhibit C ~ ~~ e =. ~ ~ i ~ ~ ~ '' •, ~~~~. ~..e.._ .. '1 _K. ....:..__ ~ ..._ ... .. ~_ ~ ~ ~ _ . _ is ! _ . _ ..,.......~ .... f _... _ _ t_._~__,.... Page 2 of 5 Exhibit C Page 3 of S Exhibit C Page 4 of 5 Exhibit C ~4~i i.~ l i ::~. Page 5 of 5 Exhibit D Prairie Apartments (Phase I) .. t ~. ' ~~' r~ ~ ' .~. d ~ '~ '~ a ~~~ ~ 9 i ~ iry ~ ,. ') ~ ~~; J ~ . 'v ~4?~. J ~. x..: y 5.; ;:-, 7 .:...:~!~.~ F,~ ~' w ~„ ~ i -. t ;: .-- - =_ ~-ar - - I :s` ~~ 3 :_ ~~ ~.~ r ~' . ....r..~,: 4.s~ (Rev 10/23/06) " '~. ~ } ~, {I. ti: 1'•~~A9 [ * ~' i ~,, ~.~ ( fi ~ 7 ~~: , „ ~a~ E,;:~:Cse ~ ~s~t~~. 0 G? 1 3 2009 (1( l...~... _- -----..~ ~....._..,.~ ~,-,.,.~j~yw (:' - ~ [;t 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 1015 NORTH FRANCES STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PETER AND NANCY KILPATRIC~ WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1015 North Frances Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # B of the Plat of "Frances Street Minor Subdivision" recorded as Document No. 0835847 in the Records of the St. Joseph County, Indiana Recorder's Office. Containing 0.185 acres more or less. Subject to all legal highways, easements & restrictions of record. and this property has Tax Key Number 18-5105-3672.01, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seQ., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et sec ., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I The Common Council hereby determines and fmds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and fmds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and fmds the following: A. That the description of the proposed redevelopment meets, the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; 2 C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community. and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) yeazs. SECTION VIII. The Common Council duects the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a .residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. fi~Es~~„-~~ .. (~ -z.~-~ ~nr ~~~~:~~Q ~+DC}6'TE~ ~~ ^ . Member of the ~~E~~ 0 Ci ~ ~ 2Q09 e~F1hd 1~`t;C~~~ !^ ~e~~f ~+~.°..i~'i~ eve. GEt{~~.~ tSY. 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 Fax 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY S~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR October 5, 2009 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Kilpatrick, Peter & Nancy Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Peter &.Nancy Kilpatrick to build asingle-family home at 1015 North Frances Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build asingle-family home at a cost of $615,000. The project meets the qualifications fora (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, October 26, 2009. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, ~~' ~` Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 5741235-9371 ELIZABETH LEONARD FAx: 574/235-9697 574/235-9371 1200 C.OLINTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY S~L ECONOMIC DEVELOPMENT -" JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: KILPATRICK, PETER & NANCY DATE: October 5, 2009 On October 2, 2009, a petition for residential tax abatement consideration for real property located at 1015 North Frances Street was filed with the City Clerk by Peter and Nancy Kilpatrick. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Peter and Nancy Kilpatrick intend to construct an approximate 3,500 square foot, single-family home. The home will be two stories high. It will have eight rooms and a finished basement. The project is part of the Notre Dame Avenue Housing Program. The cost of the home will be approximately $615,000. Total taxes to be abated during the (5) five-year abatement period are estimated at $2,216. Total taxes to be >l aid during the (5) five-year abatement period are estimated at $33,746. COT4MLLNITY ~EVELOPMFNT ECONOMIC DEVFL~IPMENT FINANCIAL. & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 5741235-9371 ELIZABETH LEONARD FAx: 5741235-9697 574/235-9371 South Bend Common Council RE: Kilpatrick, Peter & Nancy October 5, 2009 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. In addition, it must be noted that the property is not located within the Northeast Neighborhood's residential TIF area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 5-Oct-09 PETER 8~ NANCY KILPATRICK South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost) 85A~ LAND Value ,~.;10,000 ' Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Total Taxes Tax Abated** Tax Paid*** 522,750.00 522,750.00 522,750.00 10,000.00 N/A NIA 532,750.00 522,750.00 522,750.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (169,662.50) (169,662.50) (169,662.50) 315,087.50 305,087.50 305,087.50 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Proaerty Taxes: Assume constant tax rate of N/A N/A (74,880.00) N/A (230,207.50) N/A N/A N/A 10,000.00 315,087.50 74,880.00 240,207.50 4.3592% 4.3592% 4.3592% Gross Tax (tax rate x net assessed value) 13,735.29 3,264.17 10,471.13 Less State & County Homestead Credit: 0.4625% (1,457.28) (346.32) (1,110.96) Tax Due Before Circuit Breaker 12,278.01 2,917.85 9,360.17 Less Circuit Breaker Credit (5,085.51) (2,474.63) (2,610.88) Net Tax 7,192.50 443.21 6,749.29 Circuit Breaker Cap Circuit Breaker 1.0000% 5,327.50 5,227.50 5,327.50 Debt Service 0.5919% 1,865.00 443.21 1,421.79 Circuit Braker Cap 7,192.50 5,670.71 6,749.29 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 315,087.50 7,192.50 443.21 6,749.29 2 315,087.50 7,192.50 443.21 6,749.29 3 315,087.50 7,192.50 443.21 6,749.29 4 315,087.50 7,192.50 443.21 6,749.29 5 315,087.50 7,192.50 443.21 6,749.29 5 year totals: 35,962.51 2,216.07 33,746.44 "This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ***Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE PETER & NANCY KILPATRICK LAND* BUILDING** TOTAL Year 1 $1,569 $5,180 $6,749 Year 2 $1,569 $5,180 6,749 Year 3 $1,569 $5,180 6,749 Year 4 $1,569 $5,180 6,749 Year 5 $1,569 $5,180 6,749 Total $7,845 $25,900 $33,745 'Current tax levy ''*Additional tax revenue from new investment ,MF f*~f~ STATEMENT OF BENEFITS -:~- ~ REAL ESTATE IMPROVEMENTS ~` State Fonn 51767 (R2 / 1-07) ~' ,a ; ~`' Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ^/ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20_ PAY 20_ FORM SB-1 1 Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after Jufy 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, Whichever is applicable, must be filed with the CountyAuditor bythe later of.• (1) May 10; or (2) thirty (30) days after the notice of addition fo assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application to show compliance with the Statement ofl3enefits. (IC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3(l)j 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to Jufy 1, 2000, shalt continue to apply to a statement of benefits frled before hdv ~ ~nnn •- • Name of taxpayer Peter and Nancy Kilpatrick Address of taxpayer (number and street, city, state, and ZIP code) 1120 E Wayne St,. South Bend IN 46615 Name of contact person Telephone number E-mail address pAL6U RcJt•.r~cv~;rs1'tiHvn DaleDeVon (574)532-8020 Name of designating body Resolution number Common Council of South Bend Location of properly County DLGF taxing district number 1015 N Frances St South Bend 46617/ Lot B, Minr Sub St. Joseph Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) Construction of single family home on vacant lot. Estimated completion date (month, tlay, year) Current number Salaries Number retained Salaries Number additional Salaries NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project ~ • ~ ~ • -• ~ Estimated solid waste converted (pounds) Estimated hazardous waste convert Other benefits ~~~~~ In f~((1~,' ~ ocT - ~ 2aog iG:P! VGORDE , CITY CL%RK, SG. 6EP:D, IN. • I hereby certify that the representations in this statement are true. u~ h~`'ze re resen five Si9`~ Title Date signed (month, day, year) , C G.' ~C~~ {rj (j _~ Page 1 of 2 CITY OF SOUTII BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to j^~ 6-1.1-12.1-1, et seq., and South Bend Municipal Code Sec. 2-76 et seq,~ for this petition states the following: Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): '~ ~ r.i G t_ C G'FV`- I t-Y ,2 5TG r<-~r 1 {C}N E w r TFi F r N i 5 i-i C-O 8/+ S6 tl E~- i , /i PF%?~"~ t :1 ~r i F Ly. 3 5~C? Sc_ Fr . ~2(~r t~5 ~ !~i.4~ ~ o ~ ea.r Frt rr G C~ ~}O °1a y 5 F E i rt-1rt i ~ Fn rz. 2. Estimate the dollar value of the construction project (do not include land cost): $ (p I S: ~'' G d 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): ~~ ddress ~.,; n Brest PC~fcri l<It_{o~rR-rC-i~ It 20 E whliryF ~r Sc~u~"F- Rr,vp 4(o(ciC {f -EOwr.tf~-`L ,~WCy i~ ILiPR1't2K.tL 117[ C t..s~YNC- 5'r St3vY'r-F 3Eah iN tltntciS F}G?tEL~wAiK l~ 4. The commonly known address of .the Property is: iQ15NFtt/arvGch Sr Soc;~rr* t3ErvD i~ ands having tax key no.: i g ~ 51095 - 3~~~-- ~ i (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. I_ or r3 ~ F+~ tsu~ 5-nzc~~, !~ rr.fo~ sc'g. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. The current assessed valuation of the property before construction is $ ~ `l' 2 Q ~ (use additional sheet for multiple addresses). (This information may be obtained from the St Joseph County Assessor's ~C ~~ \ Office, 235-9523). TN i 5 ~JA t_u F i NGt- u OF5 '~~ F fN ;, 12< <.OT (I R I (~ N N 0 , f= i20 h w i# t Gr-1 .Tlt C' ~c2,f1NCE5 S ~' t_G T t S S V[c} 17 iv t r~(-p. 8. Photographs of the Property, taken within t~vo (2) weeks of the filing of [his petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): X00 is `-~ 1o(c'2~. O O ~, 3i3 .co e a t N ~ iiC. SF (~j1o ~;dTS ~~ 2 rNE Cr~1T i, C ~ ~ r:~ j . (This information may be obtained from the St. Joseph County Treasurers office, 235-9531) 10. What _ is your best estimate of the after completion market value of the property: $ '.G lP ~.~ ~Cr y CJ 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued to the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: t~c»E 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: iHC ?JC-:1(~t-180~~-r-IC;U~ fN 'y.yrriGt-1 Ti} 5 P~U~-/~T 2C-`~iDC=SN~rE~iG32~rC-~(J -1~ZlQl2t~ '7HtZCUi.c-tout' Tt-1C i"I'~GS~ i~RC>+5 ar.n r~i~U'S, rHE /UO7/LC` 4~F,/~(G- RVl-n1u(= {E'~a~6i'I'" N Gam, : ~ C P~~-' 6 (ZA'"t~~r nt (J C r2_ U..: ++ i C:. U T tf i5 12E S + PF /vC_ F- +`~ J3C- i/~f (~ i3 t ~ ~ ~- r_~ AS_~~ f+- rr~-t~ ~c-c. r r- r c~ ~~ ~r fir Ti-t-~ L~ r~ r ~ c-,es t r~, a i_ ~; o r,~- pQ~t~ ~ K C c~G t° E~-r1 0 r~ cu r rN Tt~i E c t 'Y`~/ O f= S o v ~ ft BC : sD Tc~ r2Ev F25 C T(d 1 S 7' i2 { :~;1~ l =~ `/ E1rGC t: (~ G+ i~iC> rvC-~ t (-1 i G l-t Q ua c. i ~r"`7 f2G ~ i r~C-N-rI -~+~ L) c v PC.o t°J-2F/~f r t f~f rr-t C- nr C-/C H BQr~i~00~i 14. The current use of the property is Vr~C/i NT' Lr1 r' _ and the t,;; ;-tr Cy S U PPOl~T j current zoning is s i` `L (use). 1-1ot,5CN6 J~~.t}C S (This information may be obtained from the Building Department 235-9553) A-iv a 2.~A L cY s R~;F 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South j AXC-S Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): h-o~~rHE/~ST' NEtGt4PGr~rfoo~ DCVE~oP(`tENt QRE/a. 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: N ~/-1 L ~ }~aC V D r~1 n, A I .~ '$ .s~ I ~~TA i F (L.(~ ~rJ e ~~ s s City, ~? ~ T ~~ ~ ~ IV ~ f ~tate,~ ~~~ Zip / T ~ ~e~ 1 ~3~ ~ Op~O h ~R o ~_7~}n ~~~ - G~g10 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): P F~ i2 r ~ PrF! G`{ (G I l.r ~n ~Zt Ll ~ By: f/ < L. (Signature) ~,., L c~`v_ Typed o pr ted name a capacity) )Z.Efli2GSeNTPrTIVC' }`ALE F~C"JC}/v Ft[~'ti s+e~F s'~ ui+` OGT - ~~' 2GC9 4~~%ft ~r~...4.Q~~. cl~ r eG~.;, ~~. u~rlt~,1N. 08/26/09 LEGAL DESCRIPTIONS FOR LOTS A & B "FRANCES STREET MINOR SUBDIVISION" LEGAL DESCRIPTION LOT "A" THAT PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: LOT # A OF THE PLAT OF "FRANCES STREET MINOR SUBDIVISION" RECORDED AS DOCUMENT N0. 0835847 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.185 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION LOT "B" THAT PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: LOT # B OF THE PLAT OF "FRANCES STREET MINOR SUBDIVISION" RECORDED AS DOCUMENT NO. 0835847 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.185 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. c~BE~L'~ C,~s~~~I~ F't~~~ ~Il Map of 1015 N Frances St, South Bend, IN 46617-1432 Page 1 of 1 r Map of 1015 N Frances St, South Bend, IN 46617- ~~~3~(~r~ 1432 Uni~rrs~r~afJJ;.raDvmr - ~~ -~ko~T n i~ ~4 ~, ~; I '~ t i ~C I i ! i , r ~~ ~ I i ..~ i r ( ~ ~ ~ ` `~ ~ ~a~~ ~ yy I ~ `, ~ ~ ~ a ~~ - ~i ~ / 1 ~~ ~ ~~ ~~ o~ ~ ~ ,, Cogtifiarti ~~~ ~ Puk I ~_ 3 ~i ~v _ / al r ~, ; on , ~ ~: ~ 1 tSSC I / i I i00 ft / ~ OYahoo~ ,L~taONAVTEQ When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. http://maps.yahoo.coin/print?mvt=m&ioride=us&tp=1 &stx=&fcat=&frat=&clat=4... 10/5/2009 __ __. -- FRANCES STREET MINOR SLTBDIVISION ' --~ •~•• ~-•-- APART OF THE NORTHEAST QUARTER OF SECTION. 1, T. 37N., R. 2E. ~~„ ;=~;;'r'•?°;'-~.~r_i:::~,,;_ (BEING LOT 92 OF PLAT OF SORINS SECOND ADDITION iO IOWEII, NOW 1HE CITY OF SOUTH BEND) V'- r--^ CtfYI OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COI~NiY, IND~ANP. t4..: ~: b :.~ $ +"Se.:> 1, r j! a u ...u..r u, ,w. ,.,, c.n .r uw .m w ~.. I ~ .e~.. ua .«e-.... ,., ,.,.."-n, +a.+ _. _.- _ . _ .I .. C/L ST. VWCENT STRECr (B2_S' R/RJ - -_ . n O C`] C. --~ I tF3~ T "? Ci N a,^ ~~ t~:.~~ :~ I o __ I _ _ _ _ -- _ _ - _ ---- - - '~~I ICI --------------~--------- r..n,•ar"` ..., ,,,~.. ~ii--- ,~-----ICI I .. ~ I ~; N ;r. _ III i a .P., .;~a I I Y 7 I.: w. 1 r rte' ..~w ...~ ,.,. ~......u ...~., . ~. ,... _ .."- - - ..._ ~• I ° I ~ -.. 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' ~ - _- _ .._v-~ , ...-. ... .... ~ ~ ~ - I ___ _ I~ '. .J,~.. ,~n,•..u m.n.w. laMI1.Q89FL4 I '1 fi r«P iw4..n t .....,.a.p w ml ~ti ~ryr ,..: _rvG..n .r iw ~:•• n ',~K ~r ~ ^i - I ~ ~,, . icy + r ...e V Mnw wn,,rt0 <.rte ~-~ 1~' •• M' I- _ - - - .,M ,..c w ut CnU P.... _t;~ -- - - - - *., ~v A.o., I a.~,rrti .,....., ,... ' .aw.,ry ...mop .,. a ~. v. ,~.:~ a. ,.e-.~;..~ ,o. <- Yl ~ UP _ _- - _ ~ __._ ~ ~ -. m~ ~ j~ I' v.~)'j r~~ .t~~lyi~J4 ~~~ I C '•1' 6A'. 3:1' I I1 am .. ~ J \ YSfIS10NS a' ` 1. G`? V v t ~ ~ ~~ T ~~ 4 +nrv. ++ l ~ ~Y ~~ Ip A+ Li~N ,~ ,y . ' t. 2 ~ ~ ~ J~ ~ ~ . + t ~ 4'. 1~ s r ~X ~ ~ ~F,. P ~ ~ F. O .^ . ~M s e- ~~ a •i• ~ 4~~ ~Y " ~ i r `F' i '~ "' ~p. ' ~ e .. . t K ~ V' w+ ~' , tea" >~ .I - s Y r Y ~ + .' k i~. . ~ F ~ . S ~ ~ ~ ~.. ", F ~~~~'~.d r - ' -' ~'k '~ Y ` ~ ~~ .~ ~ }" :4., 1 ~` ' Y ~ 1M • Mme • t 1 • ,!~ k •~. ~ ~ ~.: .~ , •. -~ r ~ • •, ~ ~ 1 , ` ;~: ~+ :~ -. - ~ - :~e _. '"~' - i Tz 4 A. r V.~ - ~ ` • ~ ...d j . -c i , p,1 } ~ ., •* ~ y ~ ~!'' { ~ ; i ;i ~ ;~~; +` ~ ~, tt~ . y I 4- i~, ~.~ ~ ~,.a ~ N w t ~~ ._ . ,~~. ,' r ' •.;. ~ fir. ..¢} +4 2 ,e1j P' ~ i ~^ E x F~ i t3 ~ T C. 1 c.1 ~ 5 1~i . l~ ~. ,~ t`t c F~ s ~ i ~ F~zo h ~ ~c fir- ) ("~) tV Cs 2 S~ s3 p~ v~ S i o ~~ .f-ra~1 ~~~ ' ~~n ~~i ~-tttir~~2 5~3~~;v is i~~ -~__ _ «~- - ~ _; [ a t: -.-~ i _, _ .. _.... ~-...~3 T ~~,e,,,,w,....~ ~-..... ~:. :; SpUTH Bit`. /y ~~E:[e//~ 2 C®mmunity & Ec®n®mic ~~vel®rment ~~'~_ 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 ^ Phone 574/235-9371 ^ Fax 574/235- 4021 ' T o : Derek Dieter, President South Bend Common Council F r o m ~: Jeff Vitton, Community Development Planner Subject : Resolution 09-67, NNDA Plan Amendment Date : October 8, 2009 Please know that due to a scrivener's error Resolution 09-67, incorrectly referred to the Northeast Neighborhood Development Area as the Northwest Neighborhood Development Area. Please accept the corrected resolution, which is attached. Moreover, please continue the corrected Resolution until the Council's October 26, 2009 meeting to allow for continued community dialogue. Thank you. CC: Phil Byrd, NNRO Pamela Meyer, Community Development Donald Inks, Economic Development Jeffrey Gibney, Comm. & Ec. Development W~~t W~ D® T®~~y 1~9a~t~~ A ®iffi~,rea;I~ ! i i1 r n ~~~1~' RESOLUTION NO. A RESOLUTION OF THE COMMON COUleICIL OF THE CITY OF SOUTH BEl~D, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMNIISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on August 21, 2009, approved and adopted its Resolution No. 2598 (the "Declaratory Resolution"), Exhibit A, amending the Northeast Neighborhood Development Area Development Plan (the "Plan") for the Northeast Neighborhood Development Area (the "Area") and adopting the Northeast .Neighborhood Design Guidelines as an amendment to the Northeast Neighborhood Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the adoption of the Northeast Neighborhood Design Guidelines as an amendment to the Plan; and WHEREAS, the St. Joseph .County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on September 15, 2009, adopted and approved its Resolution No. 203-09, a copy of which is attached hereto as Exhibit B, determining that the Declazatory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area. l_~ ~k ~ ~~ NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: ' 1. .The Plan Commission Order, which determined that the Declaratory Resolution conforms to the plan of development for the City, which Order is attached hereto, is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effecf from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 12th day of October, 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: Member of the Common Council ?,ttest: City Clerk 1~~ ~.X~: /"' . ~... ~a 3~ amt on ~s ~..,~.: ~[[~~ i~ ~~~~~~'~ ~-sE~~ OCT - ~ 2009 i3C1'71~ Yf'J \: i't'JF CITY ~! G.itiK, ~'J. Q~i•~C, !Pd. 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIAIL4 46601-1830 PxoNE574/235-9241 Fax 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMEI~IT OF LAW CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY October 9, 2009 Mr. Derek Dieter President, South Bend Common Council 4`~ Floor, County-City Building South Bend, IN 46601. Re: Amendment to Ordinance #9907-09 Dear President Dieter: It has come to my attention that Ordinance #9907-09 was incorrectly codified at Chapter 2, Article 14, Section 2-170.13. Because of duplication, the correct Section number should be 2- 170.14.- Attached is an ordinance which makes that correction. Either Chuck Leone or I will present this ordinance to the Common Council both at its Committee and its regular meeting. Thank you for your consideration. AMD/cw ~~1 ; ~_~S^~y ~._._.._ r,, ~i~:ritl di1~,i~?c Sincerely, ~; • - ~~-. Aladean M. DeRose Chief Assistant City Attorney THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METENER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF TAE COMMON COUNCIL OF TAE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9907-09 TO CHANGE THE MUNICIPAL CODE SECTION FROM 2-170.13 TO 2-170.14 STATEMENT OF PURPOSE AND INTENT On February 24, 2009 the South Bend Common Council passed Ordinance #9907-09 which added a new Section to the South Bend Municipal Code, namely 2.170.13. However, this Code section designation is a duplication, and Ordinance #9907-09 requires an amendment to codify it at Chapter 2, Article 19, Section 2-170.14, not at Section 2-170.13. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. South Bend Common Council Ordinance #9907-09 is amended at Section I to read as follows: SECTION I. Chapter 2, Article 14 of the South Bend Municipal Code is hereby amended to add a new section 2--1-7~A~-3 2-170.14 to read in its entirety as follows: Sec. ~ '~ 2-170.14 Airport Economic Development Area/iJrban Enterprise Zone Special Zone Fund. (a) The Airport Economic Development Area/LTrban Enterprise Zone Special Zone Fund (#454} is established within the City of South Bend to receive property tax proceeds derived from parcels located in the Airport Economic Development Area that are also located in the Urban Enterprise Zone, as provided and permitted by Indiana law (I.C. 36-7-14- 39(g)). (b) All sums of money collected and deposited in this Fund shall be available for appropriation by the South Bend Redevelopment Commission and used for programs in job training, job enrichment and basic skill development that are designed to benefit residents and employers in the Urban Enterprise Zone and for other purposes permitted by. and consistent with IC 36-7-14-39 and other applicable Tax Increment Finance State Law. (c) Any and all interest earned on monies deposited in the Airport Economic Development Area /Urban Enterprise Zone, Special Zone Fund shall remain in the Fund to be used for the permitted purposes of the Fund. (d) Any monies remaining at the end of the fiscal year shall not revert to the General Fund or any other Fund. SECTION II. In all other ways, Ordinance #9907-09 shall be unaffected by this amendment and it remains in full force and effect. SECTION III. This ordinance shall be retroactive to February 24, 2009 upon approval by the Common Council, and approval by the Mayor. Attest: City Clerk Member of the Common Council ~~~Ii ~~'~ "c~.ig '•.e _` ~,:SS 6J ~': e~ ~," ~fF)''...~c ..: iA'.•JI Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of , 2009, at o'clock m. Approved and signed by me on the o'clock m. 1st R~AD(NG ~~`~~''O~ Puat~c HEARIh~G 3 rd READit•!v RIOT APPROVED REFERRED PASSEQ Deputy City Clerk day of 2009, at Mayor, City of South Bend ~i~~~ ~~ ~~~r€op~ ~`f~~~~ OCT l 3 ~G ~? 6`ri!'y y'~nnL~= G?7'Y i",l.EiifC, S~?. fiEF; , t~1. 701 W. SAMPLE STREET SouTx BEND, INDIANA 46601-2890 PHONE 574/ 235-9311 Fnx 574/288-0268 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUEChB, MAYOR SOUTH BEND POLICE DEPARTMENT DARRYL BOYIQNS, CHIEF OF POLICE October 20, 2009 '~~c~\ g~f-O~ Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance Appropriating Funds for Squad Cars Dear President Dieter: Enclosed for filing with the South Bend Common Council is an ordinance appropriating $76,000.00 from General Fund # 101 for the purchase of three (3) squad cars and accessory equipment. The SBPD has been accumulating monies within General Fund #101 from reimbursed repairs to damaged police equipment, so the acquisition of these squad cars will be covered by those monies. The SBPD plans to purchase three new Dodge Chargers through the Indiana Quantity Purchase Agreement (QPA) at a total cost of about $63,900 which is quite reasonable. The vehicles will require attachment of special equipment for police special use (such as light bars) at an additional cost of around $12,100 total. Don Pinckert will make the presentation to the Council of this ordinance, the approval of which would be most appreciated. Sincere A1VID/bz Darryl Boykin Chief of Police ~ f,F. ~~~~~ tt1 ~~~~~ 3'~ _.~~~~~~ ~ ~~~. Q ~ 1. ~ ~"'''~ ~.. t .,,. Ly~i`5m~ ~~'L..1 6~6iA JEFFREY D. WALTERS lUCIIARD A. BISHOP GARYA. HORVATH UNIFORA4 DMSION CHIEF INVESTIGATIVE DMSION CHIEF SERVICES DMSION CHIEF 235-9313 235-9263 235-5940 1'`~ ~,~ ,~ ~ x~N ORDDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $76,000.00 FROM GENERAL FUND # 101 TO PURCHASE AND SPECIALLY EQUIP THREE POLICE VEHICLES STATEMENT OF PURPOSE AND INTENT The South Bend Police Department is in need of three squad cars which it can purchase at a very reasonable cost through the State of Indiana's Quantity Purchase Agreement (QPA). The Police Department has accumulated monies deposited within General Fund # 101 from reimbursed repairs of damaged equipment. The sum of $76,000.00 should be appropriated to purchase and equip police vehicles. NO`dV, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of $76,000.00 shall be set aside and appropriated within General Fund #101 to purchase three vehicles and equip them appropriately for the specific use and the needs of the South Bend Police Department. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. .~~~ ~ ~~~~ L ~-- Member of the Common Cou~il Attest: ~~ .. , . Q~~'~~;~%-.i~ lu" ~='._.~ ~a~a+i ~~ ail( City Clerk r~tsi~u.~ c,~~'w Os3 ~~;, EIS a ., Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2009, at o'clock m. Deputy City Clerk Approved and signed by me on the o'clock PUQLtC NEAP,iNG 3 rd READfNG NO i APPF:O~~B „L~Er.R[D PASSED, m. day of 2009, at ~'g ~.~~ OCT 2 1 2D09 Ju~f~ 1°~+~~€~'e MI5 f CLE~i', `<Q. E;~s~;%~, l~. City of South Bend 1200 COUNTY-CITY BUII.DING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 - FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECI~> MAYOR COMMUNITY $~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR October 19, 2008 Mr. Derek Dieter ~~ L President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Dieter: S -- ~`~ The attached bill for Council consideration and approval will appropriate $2,463,435 in 2010 Community Development Block Grant (CDBG) funds. This action complements the transfer of $200,000 in reprogrammed funds and together they allocate new funds in accordance with the 2010Action Plan of the 2010-2014 Housing and Community Development Plan. As was discussed with the Community & Economic Development Committee on September 21st, the 2010 HCD Action Plan was the subject of a 30-day public comment period that began October 2, 2009 and expired November 2, 2009. In addition, the 2010 HCD Action Plan was the subject of two public hearings held on October 14, 2009. Comments received during the comment period and public hearings were taken into consideration in developing the fma12010 HCD Action Plan. Should there be any questions on this bill please contact me at 235-5845. I will be present to address this issue at the November 9th meeting. Thank you. Sincerely, ;~~J ~ ~~ " Pame~a C. Meyer , Director ~ OCT 2 1 2QOg cc: Jeff Gibne ~~"`~t VO~FtQE y C1TY CLFnK, S0. tFy~1'vE3, 1~l. John March COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL 8C PROGRAM PAMELA, C. MEYEF DONALD E. INKS MANAGEMENT 574/235-9660 574!235-9371 ELIZABETH LEONARD ~~ ~~• Fax: 5741235-9697 574/235-9371 ~- ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $2,463,435 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2010, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Purpose and Intent: The government of the City of South Bend, in partnership with the City's private sector and residents, is coi'nmitted to the goal of improving the quality of life in the City, its neighborhoods, and for its residents..As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of Community and Economic Development, will apply for and anticipates receiving on or about January 1, 2010 the approval of the United States Department of Housing and Urban Development to expend $2,463,435 in the execution of certain housing rehabilitation assistance, code enforcement, public improvement, neighborhood development, public service, and general program planning and development activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $2,463,435 is hereby appropriated for the program year starting January 1, 2010, for the City of South Bend's Community Development Block Grant Fund (Program Year 2010). The appropriation shall be used as approved by the United States Department of Housing and Urban Development under Title Twenty-four (24) of the Code of Federal Regulations, Part Five Hundred and Seventy (570) for the Community Development Program Year 2010. This appropriation shall. be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2010 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions: B-09MC-18-0011 CommunitYDevelopment Program Housing Development Corporation -REWARD 35,000 South Bend Heritage Foundation - Robertsons's Improvements 225,000 South Bend Heritage Foundation - NWS Acquisition and Rehab 424,000 South Bend Heritage Foundation -Alley Rebuilding 75,000 E:\DATA\sHARE\COMIvIDEV\CDBG-HOME\2010 CDBG ORDINANCE.DOC South Bend Heritage Foundation -Planning & Administration 157,000 South Bend Heritage Foundation - NNRO Program Delivery 75;000 South Bend Heritage Foundation /NNRO - Acq/rehab and demolition 1.00,000 Near Northwest Neighborhood -Program Delivery 30,000 Near Northwest Neighborhood -Community Space 100,000 Near Northwest Neighborhood -Planning & Administration 115,000 Code Enforcement - Vacant& Abandoned Bldg. Demolition Program 100,000. Community Homebuyers Corp.-Forgivable Second Mortgage 275,000 YWCA -Educational Support Services 27,476 REAL Services -Older Adult Crime Victims 4,849 REAL Services -Guardianship Program 4,849 FCC. Counseling & Development Services -Therapeutic Services 18,183 South Bend Police Department -Neighborhood Foot Patrols 27,500 South Bend Police Department -Neighborhood Watch Program 16,164 Boy's & Girl's Club -Youth Development 16,164 Habitat for Humanity -Acquisition for Restore 86,000 LaCasa de Amistad -Community Outreach Services 11,250 South Bend Human Rights Commission - Fair Housing Activities 10,000 Division of Community Development - SB Home Improvement Program 450,000 Center for the Homeless-Veterans Center Rehab 50,000 Neighborhood Resources Corporation -Neighborhood Capacity Building 30,000 TOTAL $2,463,435 SECTION II. No costs will be incurred or funds expended for any of the activities addressed in this ordinance prior to completion and subsequent certification of the Environmental Review Process specified in Title Twenty-four (24) of the. Code of Federal Regulations, Part Fifty Eight (58) containing the Environmental Review Procedures for the Community Development Block Grant Program, and an official release of funds received from the United States Department of Housing and Urban Development. SECTION IlI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. F:~DATA~.SHARE~COMMDEV~CDBG-HOME~2010 CDBG ORDINANCE.DOC Member of the Common Council -~; !> z g , /~ 1 - rq~r~ ~~~#::1V£i ta~'i*.5~;! V!! ~f)ia`~ ~ pe ttdClf?1l~ ~~ ~a~~l~'a Attest: City Clerk 20 , at o'clock .m• Presented by me to the Mayor of the City of South Bend, Indiana on the day of City Clerk at Approved and signed by me on the day of o'clock .m. 20 , Stephen J. Luecke, Mayor 1 s;• READis`~G ~ ~--L~~v~ PUBLIC HEARING 3rd READING NOT APPROV;:D REFERRED PASSED F:\DATA\SI-TARE\COMA4DEV\CDBG-HOMEQOIO CDBG ORDINANCE.DOC ~[I~~ lli ~itF~ ~'~ ~~~ dC~ 2 ~ 2~~~ f 1200 COUNTY-CITY BUII.DING 227 W. JEFFERSON BOULEVARD Sovrx BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-556'7 CITY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR October 19, 2009 P~ 11 Ib k~-~5 Mr. Derek Dieter President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Dieter: The attached bill for the Council's consideration and approval will transfer $200,000.00 in Community Development Block Grant (CDBG) funds as part of the 2010 Action Plan of the 2010 - 2014 Housing & Community Development Plan. As the Council will recall, the proposed allocation offends was discussed with the Community & Economic Development Committee on September 21, 2009, and made public beginning October 2, 2009 fora 30-day public comment period. The plan was also the subject of 2 public hearings on October 14th. This bill is a companion to the CDBG general appropriation bill of $2,463,435.00 also filed today. Should there be any questions onthis bill please contact me at 235-5845. I will be present to address this issue at the November 9th meeting. Thank you. Sincerely -~ ~- Pamela C. Meyer Director cc: John March Judy Rosheck Jeff Gibney ~El~ ~E~r6t'~ t~fi~ice OCT 2 1 2009 ,iC;' i ~1CaRCE COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL Ht PROGRAM PATIELA C. MEYER DONALD E. INKS VUINAGEMENT 5741235-9660 574/235-9371 ELIZABETH LEONARD O~t"^ Fax: 574/235-9697 5741235-9371 ~(~~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL, OF THE CITY OF SOUTH BEND, IlvDIANA TRANSFERRING $200,000 AMONG VARIOUS ACCOUNTS WITHIlv FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Statement of Purpose and Intent: In order to assure the efficient and timely utilization of Community Development Block Grant Funds in accordance with the community's Housing & Community Development Plan, transfers are needed: NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $200,000.00 is hereby transferred among accounts within Fund 212 as set forth below. This appropriation shall be administered in fiscal year 2010 by the Department of Community and Economic Development and its subgrantees, in accordance with the 2010 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions: Reduce the following: Amount CD07 - 8107 REWARD 13,000 CD07 - 8104 CHC 93,907 CD07 - 8114 Code Demolition Program 93,093 Total $200,000 Increase the following: Amount 2010 Rebuilding Together, Inc. 135,000 2010 LaCasa de Amistad building rehab project 25,000 2010 South Bend Police Department -Foot Patrols 40,000 Total $200,000 SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~ ~ ~ ~ ~ 1 Attest: City Clerk ~~. Member of the Common Coun/~ ~~nr ?'`1:-~ fRai L::•`: T~::~ .J ii: i:~ ~`.~ ~7~i~:iL'.~. b~s,i -.. u ~ i= ~/~ Sl w Presented by me to the Mayor of the City of South Bend, Indiana on the 20 , at o'clock .m. City Clerk Approved and signed by me on the day of o'clock .m. 1st READFNG ~ ~ `Z~-"Qc~ rU~LiC t•lEAREhFG 3 rd P.EADWG NOT APPROVED { ..._~...._.._-_ to { ~ ~ ~ p tt (jC, ; ~ ~ LGQ~ day of 20 , at J. Luecke, Mayor F.EFERRED PGSCFiI Aria Plan Comrni~~ion of Ste Joseph County 1140 County-City Buildin0 South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 October 21, 2009 The Honorable Council of the City of ~ ~ ~i ~ ~ ~ ~ _,_,,, ~~"( South Bend !!! "`_"' ~ ..._..-....~.~.~..,A...,.~,..!_-~.....,,..,,~,-,..._ 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Stephen Dragovich to zone from SF2 Single Family and Two ' Family District to MF 1 Urban Corridor Multifamily District, property located at 616 N. St. Peter Street, City of South Bend - APC# 2529-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Stephen Dragovich was legally advertised on Thursday, September 3, 2009 and that the Area Plan Commission at its public hearing on Tuesday, October 20, 2009 took the following action: Upon a motion by Richard Warner, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Stephen Dragovich to zone from SF2 Single Family and Two Family District to MF1 Urban Comdor Multifamily District, property located at 616 N. St. Peter Street, City of South Bend as tabled is sent to the Common Council with an unfavorable recommendation. It is the goal of the Northeast Neighborhood Development Plan to return this part of the Northeast Neighborhood to single family uses. Increasing the number of units accommodating uses beyond single family not only compromises the Plan, but makes it harder and more costly to reconvert the single family designed houses back to their original use. 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, o n W. Byorni JWB:jsc Attachment CC: Stephen Dragovich 0 GT 2 1 ROCS __~ CITY Cl.dictS, ~r. U~_t;t~, Al. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff l~e~port a~C # 2529-09 ®wner: Stephen Dragovich ]Location: 616 N. St. Peter Street .liurisdaction: City of South Bend fltequested action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to MF 1 Urban Corridor Multifamily District to allow uses allowed in multi family districts. A Special Exception has been filed with the Board of Zoning Appeals to allow more than two unrelated individuals to live in the same unit. hand Uses and Zoning: On site: On site is a single family home. North: To the north.are homes zoned SF2 Single Family and Two Family District and 2 apartment buildings zoned MF1 Urban Corridor Multifamily District. East: To the east is an attached single family project pending zoning to PUD Planned Unit Development. South: To the south are homes zoned SFZ Single Family and Two Family District. West: To the west are homes zoned SF2 Single Family and Two Family District. Iistrict uses and development standards: The MF1 District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site plan description: The lot is 5,775 square feet. A 1,054 square foot residence and 360 square foot garage cover 24% of the site. An additional 360 square feet for exterior parking covers 6% of the site. The remaining 4,001 square feet, or 70% is open space. Zoning and land use history & trends: In 2007, the property to the east was approved by the Common Council to be rezoned to PUD Planned Unit Development, for an attached single family project. A Final Site Plan has yet to be submitted. Traffic and transportation considerations: St. Peter Street has two lanes. South Bend Avenue to the north has two lanes. Utilities: This site is currently served by municipal water and sewer facilities. additional information: (Agency comments} At the September 2, 2009 Area Board of Zoning Appeals meeting, the Special Exception for group residence was sent to the Common Council with no recommendation. Stephen Dragovich #2529-09 Page I of 1 s Crit¢ria (per J[C 36-7-~-6®3): 4. Comprehensive ]Plan: )Policy Plan: Ci Plan, South Bend Com rehensive Plan November 2006. Objective H2: Maintain South Bend's housing stock in good condition. 1<,and ~Jsc ]Plan: The Future Land Use Plan shows this area as medium density residential. ]E~esAdcntial Area Poliycy: Northeast Neighborhood Development Area Plan (2003) The projected land use plan identified this block of St. Peter Street as single family home ownership preservation. 2. Current condations and character: At the north end of the block are two new apartment buildings. Of the single family homes on the block, five are legal non-conforming "boarding houses". 3. 1N1(ost desirable use: The most desirable use is to have this block of St. Peter Street remain as single family homes. 4. Conservation of property values: The surrounding property values may be affected. 5. Responsible development and growth: It is responsible development and growth to maintain a single family residential neighborhood. 1kZecommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. Analysis: It is the goal of the Northeast Neighborhood Development Plan to return this part of the Northeast Neighborhood to single family uses. Increasing the number of units accommodating uses beyond single family not only compromises the Plan, but makes it harder and more costly to reconvert the single family designed houses back to their original use. Stephen Dragovich #2529-09 Page 2 of 2 ~F2 L r, ~^ 4.:'. 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W / L' SI. Joseph County Auditor's Off¢e 227 W. Jefferson Blvd. 5 ~ South Bend, Indiana 46601 0923 Phone: (574)235-9463 Information shown on Ihis map is not warra nled for accuracy or mercha nlabilily. Reproduction of this material is not possible without written permission of 51. Joseph County, Indiana. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6~ 6 N. ST. PETER ST., COUNCILIVIANIC DISTRICT 4, IN TWE CITY OF SOUTI~ FEND, INDIANA STATEMENT OF PURPOSE AND INTENT The rezoning is to rezone from SF2 to MF1 for uses allowed in MF1 district. 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 five "5" as shown on the recorded plat of Sorin's Subdivision of Lots numbered 30, 31, and 32 in Edward Sorin's First Edition to the Town of Lowell, now within and a part of the City of South Bend, Recorded May 5, 1873 in the Office of the Recorder of St. Joseph County, Indiana, in plat book 3, page 23. be and the same is hereby established as MF1 Urban Corridor Multi Family District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council 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 ou 1 sr RgAD[RCa ~ -t ~ ~ PUBLiC HEAP.IR~ rd READING i~OT APPRQY;~ 2EFERRED PASSE[a ~il~d t~ G(~rk';~ G~f~~~ AtIG - 5 2009 ,ICS; ~N `~9GADE G!°i'`f GIEi~K, `Q. BAND, ,N. Date Filed Application No. Date Filed Application No. Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 616 N St Peter St South Bend, IN 46617 2) Name and address of property owner(s) of the petition site: Stephen Dragovich 616 N St Peter St South Bend, IN 46617 574-340-8269 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from S F `~ to MF 1 5) This rezoning is requested to allow the following use(s): Uses allowed in multi family district • 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) a list of names and addresses of al I property owners and the tax key numbers for all properties within 300 feet of tl~e petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8'/z'° x 11"format. ~~%~,! PETITION PREPARED BY: Stephen Dragovich 616 N St Peter St South Bend, IN 46617 sdrag l @l~otmai l.com x I=X~C, oR CONTACT PERSON: (If different) AREA PLAN COMMISSION PUBL,[C HEARING PROCEDURES ~~i~t~ ~El ~~~I`~a'~ ~`('1~~4r AUG - 5 2009 JOFfPI VOOE?tJE Gfl°f O~I:RK, 50.13END, III. Area Plan commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 October 21, 2009 c~ ~ ~i ~~- c~_J~ The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Brick Road, LLC to zone from LI Light Industrial District to CB Community Business District, property located at the southeasterly corner of Cleveland Road and Mayflower Road, City of South Bend - APC# 2534-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Brick Road, LLC was legally advertised on Thursday, October 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, October 20, 2009 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Brick Road, LLC to zone from LI Light Industrial District to CB Community Business District, property located at the southeasterly corner of Cleveland Road .and Mayflower Road, City of South Bend is sent to the Common Council with a favorable recommendation. Properties along Cleveland Road have developed into a mix of industrial and office uses. This project will add a commercial node, supporting the businesses along Cleveland Road and the nearby residential areas to the north. 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, W. Byorni JWB:jsc Attachment CC: Brick Road, LLC Danch, Harner & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~ r . ~c~yr~i,}^- LkY 'e~+sE rt~i ~ xa Ts i 0 CT 2 2Q09 ,lyi•!'t VL'Gil f~ ~~ Staft' Report A)PC {# 2534-09 ®wner: Brick Road, LLC Location: the southeasterly corner of Cleveland Road and Mayflower Road Jurisdiction: City of South Bend ]Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District to allow restaurants or small retail shops, and a hotel facility. Land Uses and Zoning: On site: The site is undeveloped. North: To the north is a an uncultivated field zoned O Off ce District. To the northeast is a City of South Bend well field and to the northwest is a tire store, both zoned LI Light Industrial District. East: To the east is the city well field, unzoned. South: To the south is the Toll Road and associated maintenance area, unzoned. West: To the west is a trucking company zoned LI Light Industrial District. -~istrict uses and development standards: The CB -Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site plan description: The total area is 8.77 acres. A hotel and four restaurant/retail buildings of varying sizes are proposed for a total of approximately 40,100 square feet of buildings or 11% of the site. A total of 315 parking spaces and access drives cover 69% of the site. There is 20% open space. There is one access from Cleveland Road and one from Mayflower. Zoning and land use history ~i trends: In 1979, a rezoning was initiated by the Area Plan Commission from A Residential to E Heavy Industrial to meet the needs of the Michiana Regional Airport. From 1996 to 2004, the property was zoned "D" Light Industrial. Since 2004, the parcel has been zoned LI Light Industrial District. Traffic and transportation considerations: Cleveland Road has four lanes and a center median. Mayflower Road is a two lane road that dead ends at the Toll Road. Utilities: The buildings are to be serviced by municipal water and sanitary sewer. Additional information: (Agency comments) The St. Joseph County Airport Authority is in support of this development. The only concern would be the location within the noise sensitive zone, but with proper soundproofing, there should be no noise problems. Brick Road, LLC #2534-09 Page 1 of 1 ~ Criteria (per)(C 36-7-4-6®3): 1. Comprehensive Plan: Policy Plan: City Plan South Bend Comprehensive Plan, November 2006 Objective ED 8.1: Promote property tax paying development in the city. Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Land glee Plan: The Future Land Use Map identifies this area as Light Industrial. 2. Current condntions and character:. The site is vacant. Much of the property surrounding this parcel is dedicated right-of--way or government owned and is not likely to be developed. The property to the north was previously zoned BP Business Park before its current O Office zoning. 3. 16~dost desirable use: The most desirable use for this property are those uses that are compatible with the industrial, office, and commercial growth along Cleveland Road. 4. Conservation of property values: The surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to support a mixed use project in a growing area. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: Properties along Cleveland Road have developed into a mix of industrial and office uses. This project will add a commercial node, supporting the businesses along Cleveland Road and the nearby residential areas to the north. Brick Road, LLC #2534-09 Page 2 of 2 u ~_ U_ ~L b~ FS Acada u u 0 c~ z I-80 I-80 u Rez~nin~ Ir~~: fiLI" LIGHT IfV~U~Ti~I~L. IT~I~CT ~~ rt~~~, C~(~I~Ut~IT~ ~~J~Ii~E ~IT~I~T ~tklltflC~ {'~~~ i}}QUNT`f "R" SIN~,LE FA•f~i11LY GI STRICT ~~~IJTH BEhdC:~ "fJ" OFFICE DIST~'ICT v~:7UTH ~Ef~1C~ "LI" LIGHT If~dC~w~•~Tf~.IriLC~I'`TF:ICT tJ _~_ ''ev !: '~?i ~' ` 'R •~ ~ t~~ . ~. . :.;r . s ~1 incl~ _ ~~ i ~~et . ~ ' ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD AND IS PRESENTLY ZONED "LI" LIGHT INDUSTRIAL DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "CB" COMMUNITY BUSINESS DISTRICT TO ALLOW FOR THE DEVELOPMENT OF A HOTEL FACILITY AND RESTAURANT OR SMALL RETAIL SHOPS. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. 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: THAT PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOTS # 1, # 2 AND # 3 OF THE PLAT OF "SHIVELY'S CLEVELAND ROAD MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0816485 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 8.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "CB" COMMUNITY BUSINESS DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON COUNCIL 2 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 2 , AT O~CLOCK .M. ~S~ READir~G ~f --c`~-~~S PUBL{C NEARING 3 rd READING ~:OT APPF.OV~. %EFERRED. ?ASSE9 DAY OF MAYOR, CITY OF SOUTH BEND, INDIANA Luc z ~ zoos DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PL_~?e CORSMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION To THE coMMON coUNCIL of THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: SOUTHEASTERLY CORNER OF CLEVELAND ROAD & MAYFLOWER DRIVE, SOUTH BEND; INDIANA 46628. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: BRICK ROAD.LLC ATTN: JON OR FRANK HUTTO 58000 W. EIGHT MILE ROAD, SUITE 200 NORTHVILLE,MICHIGAN 48167 PHONE NUMBER (248)486-5570. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "LI" LIGHT INDUSTRIAL DISTRICT TO: "CB" COMMUNITY BUSINESS DISTRICT 5) , T¢YI$ REZONING IS REQUESTED TO ALLOTt7 THE FOLLOWING USE (S) : A). RESTAURANTS OR SMALL RETAIL SHOPS B). HOTEL FACILITY. 6). ATTACHED IS A. COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY;. AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET N~lES PRINTED IN 8 1~'z" x 11" FORMAT . :! ~ ~ 1 c~ 1 SIGNED, ; i \ ""'i OR BR CK ROAD LLC •~ a „~ 11 ~`§~ G PETITIONED ~REPP~2ED BY: CONTACT PERSON (IF DIFFERENT): DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234-4003 J~f LV~ _. i~s~~ Y004DE Aroa Plan Commission of fit. Josoph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director. Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 October 21, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 }ZE: A proposed ordinance of Frick Limited Liability Company, LLC to zone from LB Local Business District to LI Light Industrial District, property located at 109 Garst Street, City of South Bend - APC# 2535-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Frick Limited Liability Company, LLC was legally advertised on Thursday, October 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, October 20, 2009 took the following action: Upon a motion by John DeLee, being seconded by Jack Mell and unanimously carried, the proposed ordinance of Frick Limited Liability Company, LLC to zone from LB Local Business District to LI Light Industrial District, properly located at 109 Garst Street, City of South Bend is sent to the Common Council with a favorable recommendation. This property was operating in the correct zoning until 2004 when the adoption of the new zoning code created the non-conforming use situation.. It is contiguous to Light Industrial zoning to the west. The existing use has not placed an undue burden on the adjacent uses, all of which are part of an area that has a diversity of uses. Given the small size of this lot, there is little to no room for the outdoor storage associated with the LI Light Industrial District. 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, In W. Byorni JWB:jsc Attachment CC: Frick Limited Liability Company, LLC Morris Sheet Metal Corp. Lang, Feeney & Associates '~.a F"F 6"i i5.r `c. ~j Vii, ~'~4L'~~,a ~i OCT ~ ~ ZQG9 J~t:~fix 18~^:8 Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Rer~ort ABC # ®vvner: 2535-09 Frick Limited Liability Company, LLC Location: 109 Garst Street .turisdiction: City of South Bend )f~equested Action: The petitioner is requesting a zone change from LB Local Business District to LI Light Industrial District to allow the continued use of a mechanical contracting and engineering business. Land Uses and Zoning: On site: On site is a small building containing a mechanical contracting and engineering business. North: To the north is a vacant commercial building and associated storage building zoned MU Mixed Use District. East: To the east is a vacant building zoned LB Local Business District. South: To the south is a parking lot zoned MU Mixed Use District. West: To the west is the Real Services kitchen zoned LI Light Industrial District. L.District uses and development standards: The LI Light Industrial District is established to .provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy trafi c, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. Site plan description: The total area is 4,039 square feet. The 3,540 square foot building covers 8$% of the site. There is no on-site parking. In 1998, the Area Board of Zoning Appeals granted variances from the parking spaces, lot size and side and rear setbacks. Additional variances will be needed for front yard setback and landscaping. Zoning and land use history & trends: From 1996 to 2004, this property was zoned C Commercial. At that time, furnace sales and service, with stock completely housed, and manufacturing and assembly, with not more than five operating employees were permitted uses. When the new zoning map was passed in 2004, this property was zoned LB Local Business District. The lot was subdivided in 1998. Traffic and transportation considerations: Garst has two lanes. Utilities: The site is serviced by municipal water and sanitary sewer. Frick Limited Liability Company, LLC #2535-09 Page 1 of 1 s cCriteria (per ><<C 36-7-4-603): i<. Comprehensive 1Plan: policy Blan: City Plan South Bend Comprehensive Plan November 2006 Objective LU 6.2 Provide incentives for development utilizing existing infrastructure inside the city limits. Objective ED l: Stimulate the rehabilitation and adaptive reuse of property in the city. )( and VJse 1Plan: The Future Land Use Map identifies this parcel as commercial (office & retail). 2. Current conditions and character: The property to the east is vacant. Real Services has recently expanded to include a kitchen building and larger parking area to the east and south. 3. 1M[ost desirable use: The most desirable use is to allow the continued use of the property. 4. Conservation of properly values: Since the use is existing, the surrounding property values should not be negatively affected. 5. responsible development and growth: . It is responsible development and growth to allow this small site, which has been operating as a legal non-conforming use, to be rezoned to the appropriate zoning. Recounmendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This property was operating in the correct zoning unti12004 when the adoption of the new zoning code created the non-conforming use situation. It is contiguous to Light Industrial zoning to the west. The existing use has not placed an undue burden on the adjacent uses, all of which are part of an area that has a diversity of uses. Given the small size of this lot, there is little to no room for the outdoor storage associated with the LI Light Industrial District. Frick Limited Liability Company, LLC #2535-09 Page 2 of 2 TT ~~TT ~~~ ~~ Iii! ~~ ~~~~ ~ 1 ~~ 1 ~or~i rig Key SOUTH BEND "N1U" tv11;{ED USE DISTRICT SOUTH BEND "LB" LO CALBUSIP~ESS DISTRICT SOUTH BEh••1D "GB" GENER!~.LBU'SINESS SOUTH BEND "LI" UGHT INDUSTRIA.LDISTRICT 'SOi.JTH BEhJD "il" GEf~IER.~.LIfJDi_i:=~TF.'Ia,L DI,_~TRIi;T r~ ;.:~, ~~ ; ~~r~ ~~: j~yF_,F E ~.: ~:,. S '1 I IlC f~ _ ~ ~' C} ~2 ~~ ~~~~ ~ i r~~ f r~ ~ro o TT ® (fit TT ~C~~L ~~~I f~ E ~I7'I~T t~ ®R®INANCE N®. AN OR®IIVAIdCE AI~IE~I®IidG THE zO~lIP~G ®R®INANCE FOR PROPERTY LOCATE® AT '109 GARST STREET, COIJNCIL11t411ANIC ®ISTRICT 6, ICI TOLE CITY OF SOUTH BEN®, INDIANA STATEMENT OF PURPOSE AND INTENT To continue use of the mechanical contracting and engineering services zoning fro LB Local Business District to LI Light Industrial District. 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 2 as shown on the recorded plat of Weaver's Garst Street Minor Subdivision in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 9853563. be and the same is hereby established as LI Light Industrial District. , SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council 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 ! ~, ~~ ~ Sr READING ~ PUBLIC !-1EARfNG 3 rd READING NO7 APPRC=V~ REFERP.EI~ PASSES. --~---- ~~~~d t~ ~~~~~'~ ~t~'T~~~ SEP - 1 2009 d4l3ld vC~Rt)E ®ate Filed Application No. Date received by the Area Plan Commission (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1.) The property sought to be rezoned is located at: 109 Karst Street . 2.) Name and address and phone n®. of property owner(s) of the petition site: Frick Limited Liability Company, LLG 3907 S IVlichigan Street South Bend, Indiana 46614 Phone 272-3220 3.) Name and address and phone no. of contingent purchaser(s), if applicable: Allorris Sheet 11i1etal Corp. 6212 Highview Drive Fort Wayne, Indiana 46313 Phone 260-497-1302 4.) It is desired and requested that this property be rezoned from LB Local Business District to LI Light Industrial District 5.) This rezoning is requested to allow the foil®:~:ing use(s): The continued use of mechanical contracting and engineering. 6.) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petitioned property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 3 % X 11. J mes Frict<, IVlember Petifiion Prepared By: Lang, Feeney ~ Associates, Inc. J. Bernard Feeney (contact person) 715 South leflichigan Street South Bend, Indiana 46601 574-233-1541 ti ;~i~' SEP - 4 2009 ~!'~ G~=o„~~, Vie. ~'~:.. Area Flan .C®rnrnis~i®n ®f St. J®seph C®unty 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magiiozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan October 21, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 Fax 574 235-9813 ~~ ~~ ~J~- ~~E--~~ RE: A proposed ordinance of Dr. Terrill Stoller to zone from SF1 Single Family and Two Family District to OB Office Buffer District, property located at 4526 S. Fellows Street, City of South Bend - APC# 2536-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Dr. Temll Stoller was legally advertised on Thursday, October 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, October 20, 2009 took the following action: Upon a motion by Sohn DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Dr. Terrill Stoller to zone from SF1 Single Family and Two Family District to OB Office Buffer District, property located at 4526 S. Fellows Street, City of South Bend is sent to the Common Council with a favorable recommendation. The adjacent vacant lot to which the site will be part of is no longer viable as a residential use. Combining both parcels as a single use creates a viable business site. In addition, the changing status of Fellows Street make this site even less desirable as residential. 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, n W. Byorni JWB:jsc Attachment CC: Dr. Terrill Stoller John Spalding `~`~;`~ ale ~;i~l`i;i'~~ ~.€,Ri~~'~ E a r:. - .e.._.~--- ~_.___e~----~-- a eT 2 - 2009 ,~~.''t's~ •~k s~~ tW~. G6 ~'t ~ _ 5 . . Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Y2eport APC # 2536-09 ®vvner: Dr. Terrill Stoller )Location: 4526 S. Fellows Street Jurisdiction: City of South Bend ][&equested Action: The petitioner is requesting a zone change from SF 1 Single Family and Two Family District to OB Office Buffer District to allow parking for a proposed dentist office. ;l_,and Uses and Zoning: On site: On site is vacant. North: To the north is a single family home and vacant lot zoned OB Office Buffer District. East: To the east is a church zoned SF 1 Single Family and Two Family District. South: To the south is additional parking for the adjacent church use zoned SF1 Single Family and Two Family District. West: To the northwest is a dry cleaners zoned OB Office Buffer District. To the west and southwest across Fellows Street are single family homes zoned SF1 Single Family and Two Family District. jIDistrict uses and development standards: The OB -Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi-governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. Site plan description: The total area is 15,072 square feet. No building is proposed on this lot. A 4,700 square foot dentist office is proposed on the adjacent vacant lot. A total of 20 parking spaces are provided, covering 7,605 square feet of 51 % of the site. The remaining 49% is open space and landscaping. Zoning and land use history dzi trends: In 1993, the property to the northwest had petitioned to be rezoned to C Commercial for an auto service facility. That petition was withdrawn. Traffic and transportation considerations: Fellows Street is two lanes. According to maps on the Major Moves US 31 website, Fellows Street will be extended over the St. Joseph Valley Parkway as part of the US 3 I project. Utilities: The site as developed needs no utilities, but they are available in Fellows Street. Dr. Terrill Stoller #2536-09 Page 1 of I ~ Crs$eria (per )(C 36-7-~8-603): )i. Comprehensive flan: policy ]Plan: Ci Plan Ci of South Bend Com rehensive Plan November 2006 Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective LU 6: Focus development efforts within the Service Area ]Land ><Jse ]Plan: The Future Land Use Map identiftes the Ireland/Fellows intersection as commercial (office or retail). 2. Current conditions and character: Ireland Road is a major arterial, fronted by a mixture of commercial and institutional uses. Fellows Street is currently a local neighborhood street, but will be extended to the south over the St. 7oseph Valley Parkway as part of the US 31 realignment project. 3. 19~dost desirable use: The most desirable use is one that recognizes the mix of adjacent land uses. 4. Conservation off property values: The surrounding property values should not be negatively affected. 5. responsible development and growth: It is responsible development and growth to recognize and support approved land use plans. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analyses: The adjacent vacant lot to which the site will be part of is no longer viable as a residential use. Combining both parcels as a single use creates a viable business site. In addition, the changing status of Fellows Street make this site even less desirable as residential. Dr. Terrill Stoller #2536-09 Page 2 of 2 ~UClItIC~ ~~~ SOUTH BEND "SF1"SINGLE FA.PuIILY ~TV4jO Ffifv11LY DISTRICT SOUTH BEI`•1D "OB" OFFICE BUFFER DISTRICT `: SOUTH BEND "O" OFFICE DISTRICT '~""~'"'~ SOUTH BEPJD "CB" C~~hd1P~~tUN}T `;` EUSIPJESS DISTP,Ii'T ~3OUTH BEf•JD "~~B" tEfJEP,.µ,L BU:.~If~JESc~ N 1 ,;'` ~-j ._T:. '1 i roc I~ _ 'i ~ ~ fe ~t ~~~c~~ir~~ fray: rr~~rr I~+~LE '~i~IL'~ i'~f~ ~'~('~IL~ ~I~1`~.I~T ~[t rrrr ~~FI~E I~~FE~ IT~Y~T ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE CURRENT ZONING OF 4526 SOUTH FELLOWS STREET IS SF1(SINGLE FAMILY 1). THE OWNER OF THIS PARCEL AND THE ADJOINING PARCEL TO THE NORTHEAST AT 514 EAST IRELAND ROAD, WHICH IS CURRENTLY ZONED OB (OFFICE BUFFER), INTENDS TO BUILD A NEW DENTAL OFFICE FOR HIS DENTAL PRACTICE THAT IS BEING FORCED TO RELOCATE DUE TO THE NEW US 31 HIGHWAY UPGRADE. THE PURPOSE OF REZONING THIS PARCEL IS FOR FELLOWS STREET ACCESS, PARKING AND STORMWATER STORAGE. NOW THERFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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 ONE (1) AS SHOWN ON THE RECORDED AMENDED PLAT OF THE HAWBLITZEL'S (RECORDED) ADDITION TO CENTRE TOWNSHIP AS RECORDED APRIL 13, 1954 IN PLAT BOOK 19, PAGE "H" IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. be and the same is hereby established as OB (OFFICE BUFFER). SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of `J 2009, at o'clock _m. Approved and signed by me on the ,,~~G t st REA~?tt~lC, ~~"~ ~ i p~i.jR~~C NEaRESiV 3 rd RE,4~J(NG h1OT APPRO1V~k ~ ~ ` t~`~y (DEFERRED. / _)' PASSED City Clerk day of , 2009 at o'clock _m. Mayor of the City of South Bend, Indiana C t~~~i ~~ ~{~~~C'~ (~~~iC~ sEP - 9 zao~ clQfllY y~A4~'1L~C - CCi'4 C! Et,IS, S0. CEPdO, !?~i. Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property south to be rezoned is located at: 4526 South Fellows Street, South Bend, IN 46614 2) Name and address of property owner of the petition site: Dr. Terrill Stoller 60420 South US31 South Bend, IN 46614 3) It is desired and requested that this property be rezoned From SF1 To OB 4) This rezoning is requested to allow the following use: Dentist office (office to be located on adjacent property that fronts Ireland road) 5) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and 'intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property; (f) a location map, if available, drawn to scale, which includes street names, printed in 8 %" x 11" format. ~' ~ ~ .~~'~~~ Signature of property owner (Terrill Stoller) PETITION PREPARED BY: CONTACT PERSON: lohn Spalding SAME Spalding Design Group, LLC 106 Lincoln Way East ~.~ Mishawaka,IN46544 ~~`~~,~ ~~~,~~~~ ~~~~~~ 574-255-2422 574-514-6644 jfspaldin~ comcast.net S~~ 1 1 2Q09 y~i'it~ Y4: Vit 1~.r 1 cl~rr c~~ 5~, ve. g~~•~r~, ~: . MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners f~~~ tt I~~- 0~-1~ Honorable Members of the City of September 15, 2009 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for Fulton Land & Building Company for property located at 4050 Ralph Jones Drive, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located at 4050 Ralph Jones Drive, South Bend, Indiana. this Special Exception will allow the petitioner to increase the amount of area of their property that can be used for outside storage. Our clients believe that the approval of the proposed Special Exception will fit with the existing industrial uses in this portion of Toll Road Industrial Park. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Danch, Horner & Associates, Inc. File # 090163 Md. "C" ~., ~tg~~ ~~ ~~q~~'~ ~~~~ SEP 1 5 2009 ~~~rt <<00~0~ C;TY Gt.C~'._:.SQ. BAN ._~---.. 1643 Commerce Drive . South Bend, IN 46628 once 5741234-4003 ® 8001594-4003 m Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 once 269/471-3010 o Fax 2691471-7237 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 (4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.S-S, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a detennination 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-I.S-S, requesting that a Special Exception be granted for the property located at: (4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA) in order to permit: The approval of a Special Exception as allowed under Section 21-04.01 (2)(E) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 186,600 square feet which exceeds the maximum allowed outside storage area of 10,812 square feet (i.e. 20% of the existing building area of 54,059 square feet) for property located at 4050 Ralph Jones Drive, South Bend, Indiana per Section 21-04.01 (2) (E) of the City of South Bend Zoning Ordinance, SECTION II. Following a presentation by the Petitioner, and after proper public Bearing, the Conunon 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. 2 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; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the 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 Counci] and approval by the Mayor. ~ , ~ ~~~ Member of the Common Council ~~~ 11~ ~Fi ti ~y ~;tt l~ ~i11~ 1~ .r41?r ~~ Q~~~del o ~! ~~;!;' ~~ieS:i~ ~~~l~B ;l s. ~ ~;l?~vfl ~,;s^t1 Iisl EIZI~ i~lx~, ;~;.e;3. ~~~~d (~ ~1~~~~'~ ~~ii~~ SEP 1 5 2049 JAtild VC}ORtl~ G4~ G~Er ~, S0, ~'~s10, !~!. AREA BOARD OF ZONING APPEALS NO. NOTIFIED , 20 FILED , 20 HEARING , 20 APPEAL Applicant's Name: FULTON LAND & BUILDING COMPANY Phone 968-3222 Address: 340 COLUMBIA STREET, SOUTH BEND, INDIANA 46614 Address of Property: 4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA 46628 Present Zoning of Property: "LI" LIGHT INDUSTRIAL DISTRICT Owner's Name: FULTON LAND & BUILDING COMPANY Phone 968-3222 Address: 340 COLUMBIA STREET, SOUTH BEND, INDIP.NA 46614 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address:, 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEAZS FOP. ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of .erecting, occupying, building, addition at 4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA 46628 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A) Special Exception Request: PARCEL "A": A) Approval of a Special Exception as allowed under Section 21-04.01 (2) (E) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 186,600 square feet which exceeds the maximum allowed outside storage area of 10,812 square feet (i.e. 20~ of the existing building area of 54,059 square feet) for property located at 4050 Ralph Jones Drive, South Bend, Indiana per Section 21-04.01 (2) (E) of the City of South Bend Zoning Ordinance, and the following Variance Requests: VARIANCE REQUESTS: 1). A Variance from the requirement of providing paved outside storage areas and drives adjacent to said outside storage to using gravel for said areas. 2 2). A Variance from the requirement of providing Type "B" landscape screening of outside storage areas and providing perimeter landscape deciduous trees at a minimum spacing of a0 feet on-center along the East, North,. West and South property lines to providing no additional perimeter landscape deciduous trees and to using the existing vegetation as screening and landscaping along the South property line. 3). From the required screening of outside storage areas with a ornamental, solid wall, architectural screen, masonry or similar- fence with an open space of less than 30~ including entry/exit gates made of materials compatible with the fence, supplemented by a Type "B" Partial screening along the North, East, South and West property lines to the following: Along the North line of the proposed outside storage area, an eight (8) foot high vinyl-coated chain link fence and a minimum of eight (8) evergreen trees having a minimum height of six (6) feet on a six (6) foot high landscape berm spaced as shown; including additional deciduous shrubs and small trees grouped also as shown on said berm. Along the East and South property lines - an eight (8) foot high chain link fence and existing landscaping, and along the tti~est line an eight (8) foot high vinyl-coated chain link fence used with existing landscaping and six (6), six-foot evergreen trees as shown. 4) . A Variance from the requirement that all outside storage shall not exceed the height of the screening fence to being allowed to have storage exceed the height of the proposed described eight (8) foot high chain link fence by a maximum of 6 feet (i.e. height of stored equipment and materials being a maximum of 19 feet). Property is presently zoned "LI" Light Industrial District. The Petitioners are the owners of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "LI" Light Industrial District. The Petitioners have been the owners of the property for the last several years. The Petitioners have been approached by the City of South Bend working with a contingent purchaser, who desires to acquire the petition site. The. contingent purchaser is the Ziolkowski Construction Company. The City is working with Ziolkowski Construction to relocate them from their present facility on Lafayette Blvd. and on Franklin Street to the petition site. This relocation is part of the City's development of "Ignition Park" which is the City's proposed nanotechnology campus. The petition site is a good fit for Ziolkowski Construction as it provides a site large enough for their corporate offices and storage requirements for their equipment and materials. The contingent purchaser met with the City's Building Department Staff to discuss the relocation to the petition site. Based on review of the present City Zoning Ordinances, the Petitioners would be required to 3 have approved a Special Exception for outside storage and for variances from developmental standards of the "LI" Light Industrial District to allow flexibility in screening of said storage areas and the use of gravel instead of pavement. More specifically, the Petitioners are requesting approval of a Special Exception as allowed under Section 21-04.01 (2) (E) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 186,600 square feet which exceeds the maximum allowed outside storage area of 10,812 square feet (i.e. 200 of the existing building area of 54,059 square feet) for the petition site. Ziolkowski Construction as part of their construction business has a need for outside storage of their construction equipment and construction trailers as well as construction materials. The "LI" industrial District limits this outside storage to 20~ of the existing building square footage. This amount of area would not allow for enough room for their equipment and materials. The amount of outside storage for Ziolkowski varies, depending on the nu.*nber of projects and which equipment is needed on the construction site. They believe approval of this Special Exception along with their proposed screening of the outside storage would not be detrimental to any. surrounding property. The Petitioners and contingent purchasers would ask the Board Members to agree that approval of the Special Exception to allow for additional outside storage as sho::~r. on the attached site plan, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code ~ 21-09.03 (i). With regards to the Variance requests for Parcel "A", the first Variance the Petitioners are requesting, is to be allowed to use a gravel surface for the shown outside storage areas and adjacent drives instead of pavement. The Petitioners and contingent purchaser would state that using gravel allows for flexibility in placement of materials and access to the materials. The truck vehicles that deliver the materials and their associated weight would require that the outside storage areas and drives be paved with an extra heavy-duty pavement which requires an increase in pavement thickness as well as an increase in base material. This is an extremely high cost for an industry that is very sensitive to items that increase the cost of the final product and services provided to their clients. The contingent purchaser has been using gravel for a large portion of the existing outside storage areas at their present facilities, and has found that they can maintain the areas easily and that it allows for better-site drainage and it keeps their maintenance costs down. This keeps any excessive costs from being 4 passed onto the client. The Petitioners would state that in the areas of the main drives parking bays; they have paved those portions, which are visible from the public street frontage. The Petitioners would hope that the Board Members would agree that approval of the use of gravel for this particular industrial use in the areas shown, would not be detrimental to any surrounding property or have an adverse affect on said properties. The second Variance request is from the requirement of providing Type "B" landscape screening of outside storage areas and providing perimeter landscape deciduous trees at a minimum spacing of 40 feet on- center along the East, North, West and South property lines to providing no additional .perimeter landscape deciduous trees and to using the existing vegetation as screening and landscaping along the South property line. The Petitioners and contingent purchaser would state that along the main frontages of William Richardson Court and Ralph Jones Drive, they plan to keep the existing dense over-story deciduous trees and the existing landscaping in the East and South setback yards. They also plan to place a six-foot high landscape berm with evergreen trees and small shrubs along the north line of the outside storage area and construct an eight-foot high vinyl-coated chain link fence on the North and West perimeter of the storage area. A galvanized eight-foot high chain link fence would enclose the remaining East and South perimeter of the outside storage area. The Petitioners and contingent purchaser believe keeping a large portion of the existing landscaping faith the addition of the above described improvements, meets the intent of the perimeter landscaping requirements of the ordinance and approval of this Variance would not adversely affect any adjacent owner. The third Variance request is from the required screening of outside storage areas with a ornamental, solid wall, architectural screen, masonry or similar fence with an open space of less than 30~s including entry/exit gates made of materials compatible with the fence, supplemented by a Type "B" Partial screening along the North, East, South and West property lines to the following: Along the North line of the proposed outside storage area, an eight (8) foot high vinyl-coated chain link fence and a minimum of eight (8) evergreen trees having a minimu~-n height of six (6) feet on a six (6) foot high landscape berm spaced as shown; including additional deciduous shrubs and small trees grouped also as shown on said berm. Along the East and South property lines - an eight (8) foot high chain link fence and existing landscaping, and along the West line an eight (8) foot high vinyl-coated chain link fence used with existing landscaping and six (6), six-foot evergreen trees as shown. The contingent purchasers propose to place a six foot high landscape berm along the north line of the outside storage area with evergreen trees placed on the berm and supplemented with small deciduous shrubs. There will also be an eight (8) foot high vinyl-coated chain link fence, which will provide required security for stored equipment and materials. The proposed landscaping and six (6) foot high berm should provide a visual barrier between the proposed outside storage area and the 5 frontage street of William Richardson Court. Along the East and South property lines, the proposed fencing should provide adequate security and the existing on-site vegetation and trees with the existing vegetation and trees on the adjacent properties, should create a suitable visible barrier that can be maintained. Along the East property line, the existing warehouse building has no windows facing towards the proposed storage area, so no negative impact will be created along this line. On the South line the adjacent property is also wooded and the existing facility has their delivery area and outside storage facing towards the petition site. Again, there should be no negative impact created by approval of the requested Variance. Along the West line, in addition to the security fence, the existing trees and vegetation should help mitigate the view into the storage area from Ralph Jones Drive. The Petitioner and contingent purchaser also propose planting additional evergreen trees to provide another visual barrier from the street looking towards the portion of the building being used for deliveries and trash dumpsters. The last Variance request is from the requirement that all outside storage shall not exceed the height of the screening fence to being allowed to have storage exceed the height of the proposed eight (8) foot high vinyl-coated chain link fence by a maximum of 6 feet (i.e. height of stored equipment and materials being a maximum of 14 feet}. The Petitioners and contingent purchaser would state that most of the equipment that would exceed the height of the proposed fencing would be kept along the South side of the storage area. The front portion of the storage area would be used for materials, which would exceed the proposed fence height infrequently. The proposed landscape berm with evergreen trees should help with mitigation of the view into the storage area from William Richardson Court in addition to the 170-foot distance the storage area is from the street pavement. The equipment and materials would also be difficult to be seen from Ralph Jones Drive, as the distance from the street is approximately 350 feet. As mentioned above, the view into the storage area from the East from the existing building is minimal as no windows are along the West side of the Warehouse building, and from the South the only view to the storage area is through the existing trees from the adjacent property owners storage and delivery area. The Petitioners and contingent purchasers believe approval of this Variance would not have a negative impact on the adjacent industrial sites. The Petitioners believe that approval of the above Special Exception and Variances for this proposed and existing use will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioners would ask the Board Members to agree that approval of the above described Special Exception and Variances will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. 6 The Petitioners contend that the strict application~of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and Special Exception are sought: that the need for the Variances and Special Exception arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the Petition for the Variances and Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, representations are true. Michael J. Danch President Danch, Harner & Associates, Inc. that the foregoing "°°_._ .,a,, ifs€f°~ { ~,~~ ; t S ~ z~'~~l 3 L ~~. 5 Property Owners Within 300 Feet ulton Land and Building Co Fulton Land & Building Company 40 Columbia St 340 S Columbia Place outh Bend, IN. 46601 South Bend, IN. 46601 ax Key # 025 1013 021107 Tax Key # 025 1013 021201 rustees of the Plumbers & Pipe Michiana Midget Motors Inc fitters Local No. 172 3735 William Richardson Dr 172 Ralph Jones Ct South Bend, IN. 46628 outh Bend, IN. 46628 Tax Key # 025 1013 021112 ax KPV # fl7.ri 1 f11 ~ r171 1 1 3 Realty Investments LLC Direct Channel Inc )85 Ralph Jones Dr 3431 William Richardson Dr outh Bend, IN. 46628 South Bend, IN. 46628 ax Key # 025 1013 0223 Tax Key # 025 1013 021221 ~n Habas Mmc Leasing LLC 322 N Lafayette Blvd 3953 Ralph Jones Dr outh Bend, IN. 46617 South Bend, IN. 46628 ax Key # 025 1013 022201 Tax Key # 025 1013 0221 rinet Essential Facilities X Inc AE Pistons Inc C/O Avti .O.Box 4900 251 W Garfield Rd Ste.287 cottsdale, AZ. 85261 Aurora, OH.44202 ax Key # 025 1013 021609 Tax Key # 025 1013 0218 Jade Elephant Holdings LLC 25800 Trestle Creek Ave Mattawan, MI. 49071 Tax Key # 025 1013 021111 Omga Inc. 3705 William Richardson Drive South Bend, I N. 46628 Tax Key # 025 1013 021120 Lawco Ltd 3985 E Harrison Decatur, IL. 62526 Tax Key # 025 1013 0222 Trinet Essential Facilities X Inc P.O.Box 4900 Scottsdale, AZ. 85261 Tax Key # 025 1013 021605 a -----------®e ~i~~t~ (~~ ~~~~~5~ ~~it!y~ SEP 1 5 2000 ,iC3t-~S VC~~t'i~ AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 October 8, 2009 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Fulton Land & Building ABZA 10/7/09 Dear Council Members: The above referenced petition of Fulton Land & Building was legally advertised on September 20, 2009. The Area Board of Zoning Appeals gave it a public hearing on October 7, 2009, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Matthys and unanimously carried, the petition for Special Exception from the maximum allowable 10,812 square feet to 186,600 square feet for outside storage on property located at 4050 Ralph Jones Drive, is sent to the Common Council with leTo Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel ~~ Charles C. Bulot Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 31 -09.. (D) AREA BOARD OF ZONING APPEALS FULTON LAND ~ BUILDING COMPANY FiNDTNGS OF FACT COMMUNITY MORALOSTDANDARDIS, CONVEN ENCE OR GEOERAL WELFARE BECAUSEETY, COMFORT, The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and inconclusive. Therefore, the Board is of the opinion that the Council would be in a better position to hear further clarification and more evidence on this petition. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT 1S LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: ~l. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHEI~'SII~E PLAN BECAUSE: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with NO RECOMMENDATION. ADOPTED this 7th Day of October, ?009 YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS assEt~T JACK YOUNG Asserrr JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN 1140 County-City Buii~inn South Sena, in~iana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235 9813 September 30, 2009 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 ItE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday October 7, 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances: A variance from any of the development standards of the Zoning Ordinance may only be apps oved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) the use and vol?~e of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) the strict application of the terms of this Chapter tivould result in practical d~culties in the use of the property Chapter. 3. Tine petition of Tiffiotby W Gordy and Yvette D Gordy. The Staff recommends denial of the requested variance for an accessory structure without a primary structure. If the lots were combined in a replat, the variance would not be needed. 6. Tlae petition of.I~lary Jane )i$erbster and laodney tYIcBride. The Staff recommends approval of the lot size and frontage variance for Parcel 1. The Staff recommends denial. of the frontage variance for Parcel 2. Granting the frontage variance for Parcel 2 defeats the intent of the Agricultural District in maintaining large, appropriately spaced parcels. The Staff recommends that Parcel 2 become an outlot, or that Parcel 2 be combined with Lot 1 Buckles Minor in a new 2 lot minor subdivision. g. The petition off ~tarfligbt Cwre Center, I,IJC. The Staff is not in favor of a one foot setback without a maintenance easement being granted by the adjacent owner. A one foot setback leaves little room for maintenance without trespassing on the neighboring property. 9. The petition of Huffaker Enterprises, Inc and Company G. The Staff recommends approval of the 0 foot setback on the east and south side of the existing building at the comer of Oakside and Main Street. The Staff also recommends approval of the landscaping variances. Since the building is built to the lot line, there is no room for any landscaping on the east and south sides of the building. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~ T,;,+~ ...;:. .~-~r:. The Staff recommends denial of the 0 foot setback for the two existing houses. The existing situation, as shown on the site plan, places the houses at 18.2' and 16.8' from the front setback. The Staff recommends that the variances be granted at the existing setbacks of 18.2' and 16.8' respectively. If there is a time when the houses no longer exist, any new buildings would have to be built to the standards of the current zoning code or have new variances approved at that time. Special fllJ~ce~tnonl ITse: A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the (St. Joseph County and City of South Bend) Comprehensive Plan. 10. The petition of Dave Snyder and 1Dr• Jannes Harris and Dr. Hoflly Harris. The Staff recommends denial of the Special Exception for a two family dwelling. Any structure designed and built as a duplex is out of character with the neighborhood. The Staff would note that there are other methods to accomplish the petitioner's goal without establishing along-term use that compromises the integrity of the neighborhood. The granting of the proposed Special Exception would appear to be in violation of the above standards number two and three. 11. The petition of CGC Holdings, LLC,1Nirst Christian Church of South Fend, ITd, Inc. and Good Shepherd 1~'Iontessori School. The Staff recommends approval of the Special Exception for off site parking. The property containing the off site parking is currently part of the overall church property, but will continue to be used for parking for the church building. It is the Staffs understanding that the parking will continue as long as the school is in operation. The standards for granting a Special Exception appear to be met. 12. 'The petition of l~ ulton Land ~i Fuilding Coffipany. The Staff recommends approval of the Special Exception for exceeding the maximum allowed outside storage area. The area to be used is surrounded by large industrial uses which will not be affected by the storage area. The Staff recommends approval of the variances which allow a practical application of the standards. The standards for granting a Special Exception appear to be met. Sinceerely, ~ J Chris a Nayder 1 Planner 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 1101 EAST JEFFE]E~SON BOULEVARD ALSO KNOWN AS 1113 '/Z JEFFERSON BOULEVARD, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the 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: A part of the Northwest Quarter of Section 7, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the northwest comer of said Northwest Quarter of Section 7; thence South 00°16'45" East along the west line of said quarter, a distance of 129.33 feet to the northeast corner of the Northeast Quarter of Section 12; Township 37 North, Range 2 East; thence South 00° 13' S4" East along said west line, a distance of 712.78 feet to the point of intersection of said west line with the south right-of--way line of Colfax Street, projected westward; thence North 89°45'53" East along said south line, a distance of 179.25 feet to the point of beginning; thence continuing North 89°45'53" East along said south line, a distance of 199.38 feet to the northwest comer of Lot 10 as shown on the recorded plat of Sunnyside Minor Subdivision in the Office of the Recorder of St. Joseph County, Indiana in Plat Book 22, Page S-11; thence South 00°20'52" East along the west line of said subdivision and the west line of Sunnyside Subdivision (Unrecorded), a distance of 893.11 feet to a point on the north right-of--way line of Jefferson Boulevard; thence for the next two course along said north line, the first course being along anon- tangent curve to the right having a radius of 1987.73 feet, a central angle of 06°13'58" and limited in length by a chord which bears South 86°59'05" West, a distance of 216.12 feet; thence South 89°36'59" West, a distance of 104.57 to said north line's intersection with the east right-of--way line (60' east half right-of--way) of Eddy Street; thence North 00°13'54" West along said east line, a distance of 720.22 feet; thence North 89°46'01" East, a distance of 118.82 feet; thence North 00°05'51" West, a distance of 183.64 feet to the point of beginning containing 6.11 acres more or less in order to permit off site parking for the building on the adjacent lot. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). 5. The special exception use to allow offsite parking on Lot 2 for the building on Lot 1 is essential to the continued presence of the School and Church on Lot 1 and strict application of the terms of the zoning ordinance and denial of the variance will create an untenable hardship; 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. Member of the Common Cor}pcil ;~i~~r ~~a ~~~~ ~.COr7~€~ ~~~~tF lCf ~~ t~~~•q •~ tiO ~ L. 4' ~j MiG tVt`3~ Q.~:~ K~:li ('~e+L'S ~A4 b. ~, ~ ~ ~ i~ ~ F'~ ~ SEP 7 5 2~~~9 r4i'!R~ °~rFrM l';~i _ LAi~G, FEE{~EY and /~SS~CIA~ES, INS. LAN® SIJRVE~ft6~G - CG6~l5TRUCTI®~9 ERIGIt@9EERING ~ '~ l~/ 715 BOUT!-i M!C!i{GAN STREET a SO!!T!-! BEND, INDIANA 46601 TELEPHONE 574/233-1841 ®FACSIMlLE 574/674-0374 WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. INDOT PREQUALIFIED: TEP•ANCE D. LANG, L.S. 5.4 ECOLOGICAL SURVEYS 5.5 WETLAND MITIGATION 6.1 TOPOGRAPHIC SURVEY DATA COLLECTION area Board of Zoning Appeals 125 South Lafayette Blvd. Suite 100 South Bend, Indiana 46601 SUB-DIVISIONS BOUNDARY SURVEYS CONSTRUCTION SURVEYS PUBLIC WORKS PREQUALIFIED Re: Variance Petition - CGC Holdings, LLC (Applicant) First Christian Church of South Bend, In, !nc (Owner) 4100 Edison Lake Parkway 1101 Jefferson Boulevard 1Vlishawaka, Indiana 46545 South Bend, Indiana 46617 574-258-4100 574-289-2417 Good Shepherd Monfiessori School (Applicant) 1101 East. Jefferson Boulevard South Bend, Indiana 46601 574-288-0098 To the Honorable Board, The petitioned parcel is located at 1101 East Jefferson Boulevard, also known as 1113 '/ Jefferson Boulevard in South Bend. This site is currently the First Christian Church at the northeast corner of Jefferson Boulevard and Eddy Street. The site contains the existing church facility, a maintenance garage, along with ample parking. The current zoning is SF1 Single Family Residential and is within Portage Township. First Christian Church has sold the property to Good Shepherd 1~iontessori School (the other current user cf the facilities at this location). A condition of this transaction is that a lot was to be created and sold to CGC Holdings, LLC utilizing the Colfax Avenue frontage of this property. 1/1~hen this lot is created, there will be a maintenance building on the newly created lot without a primary structure. Additionally, the new [ot will still have all the parking on it that is currently located there. Consequently, because of the creation of the new lot on Colfax Ave. the variances and special exception included with this petition are now necessary. l~lo physical changes to the property are being considered at this time nor is any construction imminent that would require these variances. Therefore the follovring variances are being requested: . For Lot 1 .A variance from the required 25' rear yard setback for parking spaces to no rear yard setback. For Lot 2 ~ SpeciaB Exception Use to allow off site parking for the building on the adjacent Lot 1; ~+ variance from'the required 25' rear yard setback for parking spaces to no rear yard setback; A variance from the required 20' side yard setback for parking spaces to ~ 16.4' side yard setback along west line; A variance from the required 20' side yard setback for parking spaces to a 4.6' side yard setback along east line; A variance to allow an accessory building without a primary structure; and ~ variance from the required 20' side yard setback for an accessory building to 5.2' for the existing garage, Since no physical changes are being made to the existing sites, the proposed Special Exception Use to allow off site parking will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The offsite parking will not injure or adversely affect the use of the adjacent area or property values therein. The special exception use to allow offsite parking on Lot 2 for the School and Church building on Lot 1, which is used by Good Shepherd Montessori School and First Christian Church, is essential to the continued presence of the School and Church and, therefore, strict application of the terms of the zoning ordinance and denial of this variance will create an untenable hardship for the School and Church. To continue parking will be consistentvvith the character of the district in which it is located and the land uses authorized therein; and the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. J. ernard Feeney Lang, Feeney and P,ssaciates, In AREA BOARD OF~ ZONING APPEAL SITE PLAN PART OF THE NORTHWEST QUARTER Of SECTION 7, TOWNSHIP .37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. ~ ~ ~I JI COTRELL'S ADDITION I o l I ¢ I c0 N I 'vl I 1 I I PT. 19 I o1 PT. 19 1 = ~ 1 PT. 16 ^1 1 PT. 16 I` z ~ o _~ 3 I W -~ I -- 1 N III _~ _ ~ ll~~---- ~ _ RIGHT-OF-WAY LINE _ _ N WEST LINE OF SECTION 7. EDDY STREET AsPw,LT CURB I `° --~N00'13'54"W=72022' I WALK in I ~ N ~~ ~ L ~ 1 ~c o CO o, . ~ ~ J ~ ~ U O m z i NI O N I ._. w w1 1 ~ I © A ~ ~t;, s^fP \~ ~a, ~~ LAWN AREA ~~ vo \ ~~~ ~_ 1~i1 4~ L=216.23' R=1987.73' 1~=06'13'58" BRG=S86'59'05"W I ~C LEN=216.12___. ~ f ~1s ~ 1 to T I 1 ~- 1~ ~ 4 '~' 2 I 1 _ _- I I 1 I I l 1 1 1 '~ LAWN ARE ~~, i LAWN AREA ~ ' N\ BUILDING .2"E 893.% 1' I SUNNYSIDE SUBDIVISION ~ 6 I 8 5 ~ ~ ` __ CONESTOGA LANE ------' ----r S00'13'S4~ - I I I o~'i I ----__ 1~ A w ~~ I I ~ o to I ~_ ~ 1 b, N00'05'51"W r z s.s' 183.64' N 1 16.4' I op I 9.3 l.~T 06 I z W A wl ¢ I M x m ~ \ . J;n ~ 2 ~ d- ~, o i ~ i ~ZI PARKING EDT 4.G ``~~ I N N~^ 225.51' ~' ~ I 15' SOUTH BEND UTILITY I COMPANIES EASEMENT w PER ~~0349679 JI rl I it I I I SUNNYSIDE MINOR SUB o 8001( 22, PAGE 5-11 ~I 10 ~1 I I ~ I -~, I I ~ NORTHEAST QUARTER, SECTION 12, TWP. 37 S00'16'45'E NORTH, RANGE 2 EAST 8 129.333^ - ~ FOC NORTHWEST CORNER, NORTHWEST QUARTER, SECTION 7, TWF. 37 IJORTH, RANGE 3 EAST. ~y~i -r~,. • Lang, Feeney & Associates, Inc. ~~ ~' {~ 715 S. Michigan Slreel _ Soolfi Dend, Indiana 46601 ~ ,~ ;~`•`~ _ ' Phone (574) 233-1841 Land Survey ors Soil Scientists 1' 100' o~awn JMS _ o_d-no ~ Jop NnmeCooaSpepnerauon~es+wScI,MBZ AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 October S, 2009 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception CGC Holdings, LLC, First Christian Church of South Bend, Good Shepherd Montessori School ABZA 10/7/09 Dear Council Members: The above referenced petition of CGC Holdings, LLC, First Christian Church of South Bend and Good Shepherd Montessori School was legally advertised on September 20, 2009. The Area Board of Zoning Appeals gave it a public hearing on October 7, 2009, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow off site parking, on property located at 1101 E. Jefferson Blvd. also known as 1113 '/z E. Jefferson, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel ~~ Charles C. Bulot Building Commissioner CCB/cah CGC HOLDINGS,LLC, FIRST CHRISTIAN C1FiURCH OF SOUTH BEND, INC. 8c GOOD SHEPHERD MONTESSORI SCHOOL SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT l . THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: Tlie variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTP,ICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSII~E PI/3N BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Pian and is not deviating from it's intent. CONDITIONS OR REVISIONS: PETITION WITHDRAWN DECISION IT IS THEREFORE the decision of the Board that this request for Special E>:ception shall be passed onto the City of South Bend Common Council with a: ADOPTED this 7th Day of October, ?009 YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ABSENT JACK YOUNG ABSENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN ~r~~ Plan C®ri~r~is~i®n ®f fit. J®~epf~ C®unty 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 September 30, 2009 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday October 7, 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances• A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals rRaking a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2} the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) the strict application of the terms of this Chapter would result in practical difficulties in the use of the property Chapter. 3. The petition of Timothy W Gordy and Yvette D Gordy. The Staff recommends denial of the requested variance for an accessory structure without a primary structure. If the lots were combined in a replat, the variance would not be needed. 6. The petition of.Mary Jane Herbster and Rodney McBride. The Staff recommends approval of the lot size and frontage variance for Parcel 1. The Staff recommends denial of the frontage variance for Parcel 2. Granting the frontage variance for Parcel 2 defeats the intent of the Agricultural District in maintaining large, appropriately spaced parcels. The Staff recommends that Parcel 2 become an outlot, or that Parcel 2 be combined with Lot 1 Buckles Minor in a new Z lot minor subdivision. S. The petition of Starlight Care Center, LLC. The Staff is not in favor of a one foot setback without a maintenance easement being granted by the adjacent owner. A one foot setback leaves little room for maintenance without trespassing on the neighboring property. 9. The petition of Huffaker Enterprises, Inc and Company G. The Staff recommends approval of the 0 foot setback on the east and south side of the existing building at the corner of Oakside and Main Street. The Staff also recommends approval of the landscaping variances. Since the building is built to the lot line, there is no room for any landscaping on the east and south sides of the building. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana The Staff recommends denial of the 0 foot setback for the two existing houses. The existing situation, as shown on the site plan, places the houses at 18.2' and 16.8' from the front setback. The Staff recommends that the variances be granted at the existing setbacks of 18.2' and 16.8' respectively. If there is a time when the houses no longer exist, any new buildings would have to be built to the standards of the current zoning code or have new variances approved at that time. Special (Exception Use: A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (I) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the (St. Joseph County and City of South Bend) Comprehensive Plan. 10. The petition of Dave Snyder and Dr. 3ames Harris and Dr. Holly Harris. The Staff recommends denial of the Special Exception for a two family dwelling: Any structure designed and built as a duplex is out of character with the neighborhood. The Staff would note that there are other methods to accomplish the petitioner's goal without establishing along-term use that compromises the integrity of the neighborhood. The granting of the proposed Special Exception would appear to be in violation of the above standards number two and three. 11. The petition of CGC Holdings, LLC, First Christian Church of South Bend, IN, Inc. and Good Shepherd Montessori School. The Staff recommends approval of the Special Exception for off site parking. The property containing the off site parking is currently part of the overall church properly, but will continue to be used for parking for the church building. It is the Staff's understanding that the parking will continue as long as the school is in operation. The standards for granting a Special Exception appear to be met. 12. The petition of Fulton Land ~& Building Company. The Staff recommends approval of the Special Exception for exceeding the maximum allowed outside storage area. The area to be used is surrounded by large industrial uses which will not be affected by the storage area. The Staff recommends approval of the variances which allow a practical application of the standards. The standards for granting a Special Exception appear to be met. Sincerely, y~ „ , V ~~~'( r~i fa Nayder ~='~L' L f Planner ~ `