Loading...
HomeMy WebLinkAbout11-22-10 Council Agenda & PacketSOUTH BEND COMMON COUNCIL MONDAY, NOVEMBER 22, 2010 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 'D TT r TkTn 67 -10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE WEST 129 FEET OF THE EAST /WEST ALLEY BETWEEN LASALLE STREET AND COLFAX AVENUE LYING WEST OF SYCAMORE STREET, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 69 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,900 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK 71 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND DEBT SERVICE RESERVE FUND ( #317) 72 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND CONSTRUCTION FUND ( #438) 73 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,686,000 FROM COUNTY OPTION INCOME TAX (COLT) FUND #404 AND $520,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL IMPROVEMENTS TO THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM IN 2011 74 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF REDEVELOPMENT DISTRICT REVENUE BONDS EXPECTED TO BE ISSUED FOR AND ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT DISTRICT AND PLEDGING CERTAIN REVENUES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS (STANLEY COVELESKI STADIUM) 8. BILLS, THIRD READING TIME: BILL NO. 67 -10 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE WEST 129 FEET OF THE EAST /WEST ALLEY BETWEEN LASALLE STREET AND COLFAX AVENUE LYING WEST OF SYCAMORE STREET, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 69 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,900 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK 71 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND DEBT SERVICE RESERVE FUND ( #317) 72 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND CONSTRUCTION FUND ( #438) 73 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,686,000 FROM COUNTY OPTION INCOME TAX (COIT) FUND ##404 AND $520,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL IMPROVEMENTS TO THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM - IN 2011 74 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF REDEVELOPMENT DISTRICT REVENUE BONDS EXPECTED TO BE ISSUED FOR AND ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT DISTRICT AND PLEDGING CERTAIN REVENUES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS (STANLEY COVELESKI STADIUM) 9. RESOLUTIONS BILL NO. 10 -63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING AND APPROVING THE ISSUANCE OF RECOVERY ZONE FACILITY BONDS UP TO THE AMOUNT OF $37,150,000 TO TODD CENTER, LLC FOR THE CHASE TOWER PROJECT 10. BILLS, FIRST READING RTLL NO 75 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2 -8 AND 2 -10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL 76 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING AN UNEMPLOYMENT COMPENSATION INSURANCE FUND (#713) 77 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATION FUND ($#211) 78 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING THE 2020 SEWAGE WORKS REVENUE BOND CONSTRUCTION FUND ( 4658) 79 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $157,000 FROM THE CENTURY CENTER FUND ( #670) 80 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $440,000 FROM THE RAINY DAY FUND NO. 102 TO THE HALL OF FAME DEBT SERVICE FUND 313 WITHIN THE CITY OF SOUTH BEND 81 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 OF $785,473 FROM GENERAL FUND (#$101), $442,128 FROM LIABILITY INSURANCE FUND ( 4226), $3,000 FROM HUMAN RIGHTS GRANTS FUND ( #258) , $600,000 FROM EMS CAPITAL FUND ( #288), $4,000,000 FROM COUNTY OPTION INCOME TAX FUND ( #404), $5,300,000 FROM UDAG FUND ( #410), AND $137,804 FROM HALL OF FAME CAPITAL FUND ( #677) 82 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2010 83 -10 FIRST READING OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF ITS RECOVERY ZONE FACILITY REVENUE BONDS (TODD CENTER, LLC PROJECT), SERIES 2020 IN THE AMOUNT OF $31,750,000. 11. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. REZONING - SOUTHEAST QUADRANT OF SAMPLE STREET AND PRAIRIE AVE. B. REPORT FROM AREA BOARD OF ZONING APPEALS 1. SPECIAL EXCEPTION - 4611 S. BURNETT DR. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEADING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 0 } November 8, 2010 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA RE: Petition to Vacate East/West alley North of Colfax Avenue, from Sycamore Street west to the St. Joseph River Petitioner: David Matthews East Bank South Bend Development, LLC Site Address: Northwest Corner Colfax Ave. & Sycamore Street South Bend, Indiana The Petitioner, David Matthews of East Bank South Bend Development, LLC, developer of the East Bank Townhomes is seeking the Vacation of the East/West Alley between LaSalle Street and Colfax Avenue lying West of Sycamore Street. The Petitioner is seeking this alley vacation so that the proposed East Bank Townhome project to remove the mid block pedestrian access to the river walk, install landscaping and maintain the landscaping and appearance through the Home Owners Association of the river front townhouses. The river walk will be preserved, with pedestrian access from both LaSalle and Colfax Ave. The Townhome project features eight exclusive waterfront residential units. It is the intention of the Petitioner to provide an ingress /egress easement in order for the River Place office to maintain their rights to utilize this access. Also, in accordance with the recommendation of the Board of Public Works the Petitioner is to provide a permanent easement for construction, maintenance, and utility access. . Because the original submission was to vacate the entire alley, cross axis easements were required between all three parties. To simplify the processes, we are changing the petition to vacate only the west 129 feet of the alley. This makes the process much cleaner, and we will return in two weeks after new notices are sent to adjacent owners. Sincerely, David M. Matthews, East Bank South Bend Development, LLC ,'jv LLIV i sI.!!,: µ' ilii .0 Cl ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The West 129 feet of the East/West Alley between LaSalle Street and Colfax Avenue lying West of Sycamore Street, Portage Township, City of South Bend, St. Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The West 129 feet of the first East/West alley North of Colfax Avenue, from Sycamore Street to the St. Joseph River, said alley being 14 feet in width. Being a part of Miller's Subdivision and also being a part of the Original Town of Lowell, Portage Township, City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 018- 5003 -0041 018- 5003 -0040 018- 5003 -0056 Section IV. The purpose of the vacation of the real property is so that the East Bank Townhome project to the south can utilize the existing vehicular access for access to the townhomes. SECTION V. 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 C uncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. PASSED City Clerk day of , 2 , at Mayor, City of South Bend, Indiana 2010 ac;s•r, vc��r�� PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETSIALLEYS TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: October 19, 2010 1 (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The West 129 feet of the first East/West alley North of Colfax Avenue, from Sycamore Street to the St. Joseph River, said alley being 14 feet in width. Being a part of Miller's Subdivision and also being a part of the Original Town of Lowell, Portage Township, City of South Bend, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS City of South Bend Department of Redevelopment 227 W. Jefferson, 12th Floor South Bend, IN 46601 CONTACT PERSON (S) NAME: RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: JOHN VOORDE, CITY CLERK ROOM 456- COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574- 235 -8221 PHONE: KEY NUMBER 018 - 5003 -0058 018 - 5003 -0056 David Matthews East Bank South Bend Development, LLC P.O. Box 338 Notre Dame, IN 46556 (765) 409 -3841 O CO (n -A CD �[ Q� �tD U' 3 m o 0 cn (D CD 0 ro a m `�.'o CDrt ::r U) cl)rn r (T -4, aC- <' o W %< o r0 rT, o :3 a° y L n —z to io ,(D O fl a r_ ST o� SD•O to m� "U C-) Sp —O C7 a Q -i K CD W (D rt _ip C f°E e� F� r m n r m En c7 Q Z uy SycAmamE Si P r 3i October 22, 2010 Derek Dieter President, South Bend Common Council 455 County -City Building South Bend, IN 46601 Re: Morris Performing Arts Center and Palais Royale Marketing Fund Appropriation Dear Mr. Dieter, I attach for filing with the South Bend Common Council an Ordinance requesting an appropriation of $2,900 within the Morris Performing Arts Center and PaIais Royale Marketing Fund (Fund 273). Revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768 -07, the Morris Center has solicited and acquired funds (as we have numerous times in the past) for sponsorship of ticket stock and hereby requests fiords to be released to purchase said ticket stock. The amount of $2,900 is hereby requested for appropriation. The purpose for which the Morris Performing Arts Center desires appropriations consists of the following: $2,900 Purchase of Morris Performing Arts Center Ticket Stock The Morris Performing Arts Center requests the Council's approval of this Ordinance that will benefit the City and its citizens. Sincerely, q Dennis J. Andres Executive Director DJA/kmk Attachment Morris Performing Arts Center • 211 N. Michigan Street • South Bend, IN 46601 Office: (574) 235 -9198 • Fax: (574) 235 -5604 o http: / /www.MorrisCenterorg 1 i �: , ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,"0 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK STATEMENT OF PURPOSE AND INTENT The Morris Performing Arts Center and Palais Royale Marketing Fund (Fund No. 273) was established for marketing and promoting of the Morris Performing Arts Center and Palais Royale. The marketing fund accrues from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768 -07, the Morris Center has solicited and acquired funds for sponsorship of the Morris Performing Arts Center ticket stock and hereby requests those funds to be released to purchase said ticket stock. The amount of $2,900 is requested for appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The following sum of money is hereby appropriated and ordered set apart from and within the Morris Performing Arts Center and Palais Royale Marketing Fund for the purchase of Morris Performing Arts Center Ticket Stock. Account Number Description Amount 273 Morris Performing Arts Center $2,900 and Palais Royale Marketing Fund Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South �enll Co o Attest: Il �iU s City Clerk illf f La OaI Y' �.�, Wj Presented by me to the Mayor of the City of South Bend, Indiana on the _____ day of 2010, 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 Nl w }v _ 7 Li ^ !' #u T APPROVED ERRED J01IN IVOO,FV� E COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 PHONE 574- 235 -9296 FAX 574 -235 -9928 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITE( CONTROLLED November 3, 2010 Mr. Derek D. Dieter i President of the Common Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 re: Ordinance of the Common Council Creating Two (2) New Funds in Conjunction with the Coveleski Stadium Project and the Redevelopment Commission Recovery Zone Bond Issue Dear Council President Dieter: The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations. Bond covenants and proper accounting principles require that these bond proceeds be deposited into a separate fund to be used to pay bond issuance costs, debt service reserves and project expenditures. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Construction Fund (#438), which shall be a non - reverting fund. The funding for this construction fund will be from the bond proceeds in the amount of $4.98 million dollars. The new Fund 438 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations. These bond obligations require protection of bondholders through debt service reserves which the City previously handled through policies of insurance that are no longer of the credit quality required of such policies. To meet the bond debt service reserve requirements, the City must have an estimated sum of l=our hundred Eighty Thousand ($480,000) set aside in a separate fund at the time of closing. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Debt Service Reserve Fund ( #317), which shall be a non - reverting fund. The funding for the debt service reserve amount will be from the bond proceeds of $4.98 million dollars. The new Fund 317 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. Controller Gregg Zientara will present this bill to the Common Council at the Council assigned committee meeting and at- the public hearing. City Administration requests Common Council for a favorable consideration and passage of this bill. Itted, Gregg CC" Stephen J. Luecke, Mayor of the City of South Bend, .,x. .s'A i<''Yt_ 149 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND DEBT SERVICE RESERVE FUND ( #317) STATEMENT OF PURPOSE AND INTENT The City of South Bend Redevelopment Commission is financing certain capital improvement .projects at Stanley Coveleski Regional Stadium out of bond obligations. These bond obligations require protection of bondholders through debt service reserves which the City previously handled through policies of insurance that are no longer of the credit quality required of such policies. To meet the bond debt service reserve requirements, the City must have an estimated sum of Four hundred Eighty Thousand ($480,000) set aside in a separate fund at the time of closing. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Debt Service Reserve Fund ( #317), which shall be a non - reverting fund. The funding for the debt service reserve amount will be from the bond proceeds of $4.98 million dollars. The new Fund 317 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. A Coveleski Stadium Recovery Zone Economic Development Bond Debt Service Reserve Fund ( #317) is created as the repository for the City's debt service reserve obligation. This Fund shall be non - reverting and shall be funded and operated in accordance with all legal and specific bond ordinance requirements. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Cleric Member, South Bend Common Vouncil Sig nn 6 g�py�ffr'}`t ".rqt���.'c i <:..5• 5::; !. ..�:`4.�: ii:.k; 6:r ltd "i:'N58tekY:' PreUented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. Approved and signed by me on the at —__o'clock, —.m. NO"T APPiOVM R.rf"EPRED PASSEE) City Clerk day of 2 Y Mayor, City of South Bend, Indiana COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 November 3, 2010 CITY OF SOUTH BEND STEPHEN J. LUIECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG ®. ZIENTARA, CITY CONTROLLER - __ - ___ & � Mr. Derek D. Dieter President of the Common Council of the City of South Bend 4tn Floor, County -City Building South Bend, iN 46601 PHONE 574 - 235 -9216 FAX 574 - 235 -9928 re: Ordinance of the Common Council Creating Two (2) New Funds in Conjunction with the Coveleski Stadium Project and the Redevelopment Commission Recovery Zone Bond Issue Dear Council President Dieter: The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations. Bond covenants and proper accounting principles require that these bond proceeds be deposited into a separate fund to be used to pay bond issuance costs, debt service reserves and project expenditures. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Construction Fund (#438), which shall be a non - reverting fund. The funding for this construction fund will be from the bond proceeds in the amount of $4.98 million dollars. The new Fund 438 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations. These bond obligations require protection of bondholders through debt service reserves which the City previously handled through policies of insurance that are no longer of the credit quality required of such policies. To meet the bond debt service reserve requirements, the City must have an estimated sum of Four hundred Eighty Thousand ($480,000) set aside in a separate fund at the time of closing. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Debt Service Reserve Fund ( #317), which shall be a non - reverting fund. The funding for the debt service reserve amount will be from the bond proceeds of $4.98 million dollars. The new Fund 317 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. Controller Gregg Zientara will present this bill to the Common Council at the Council assigned committee meeting and at the public hearing. City Administration requests Common Council for a favorable considerAlon and passage of this bill. 4 Gregg D! cc: Stephen J. Luecke, Mayor of the City of South Bend, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITE' OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND CONSTRUCTION FUND ( #438) STATEMENT.' OF PURPOSE AND INTENT The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations. Bond covenants and proper accounting principles require that these bond proceeds be deposited into a separate fund to be used to pay bond issuance costs, debt service reserves and project expenditures. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Construction Fund ( #438), which shall be a non - reverting fund. The funding for this construction fund will be from the bond proceeds in the amount of $4.98 million dollars. The new Fund 438 will earn interest on cash balances and will be subx ect to appropriation by the City of South Bend Redevelopment Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I . A Coveleski Stadium Recovery Zone Economic Development Bond Construction Fund ( #438) is created as the repository for the City's bond proceeds and will be used to pay bond issuance costs, debt service reserves and project expenditures. This Fund shall be non - reverting and shall be funded and operated in accordance with all legal and specific bond ordinance requirements. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Co cil Attest: City Clerk ' c 6, 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 --- 12-1 at __-----,o'clock, —.m. Mayor, City of South Bend, Indiana PASSLI) REF." NED PASSLI) CITY OF Soum $EN'D ST.EmEN J. LuEcIF, MAYOR .DEPARTMENT OF ADMINISTRATION AND RNANCE GREGG D. ZIENTARA CONTROLLER a.R November 3, 2010 Mr. Derek D. Dieter President of the Common Council of the City of South Bend 4'h Floor, County -City Building South Bend, IN 46601 Re: Ordinance of the Common Council Appropriating Certain Monies for Capital Improvements to the Stanley Coveleski Regional Baseball Stadium in 2011 Dear President Dieter: The referenced subject matter bill is being submitted to the Common Council in tandem with an ordinance approving issuance of Recovery Zone Economic Development Bonds and the appropriation of bond proceeds. The total combined monies from the bond proceeds and from other funds will be expended for improvement and renovation to the Stanley Coveleski Regional Stadium. These renovations will enable broader, year -round use of the ballpark, expanding its economic impact and creating potential development sites for housing and commercial /retail users. It is the belief of City Administration that a renovated stadium and environs is in the best interest of the central downtown district and the South Bend Community. This spending appropriation bill requests $2,686,000 from County Option Income Tax (COIT) Fund #404 and $520,000 from Economic Development Income Tax (EDIT) Fund #408, both for spending in fiscal 2011. Monies are available within the COIT and EDIT funds, from excess cash_ balances and unspent COIT and EDIT revenues from prior periods. This bill is submitted to Common Council for first reading at the November 8, 2010 Council meeting, with second reading and public hearing requested for the November 22, 2010 Council meeting. City Administration requests that the bill be continued from the November 22, 2010 Council meeting to the first Common Council meeting in January, 2011 for third reading and Council vote. This delay is being requested to ensure compliance with the State of Indiana DLGF that post 2011 budget approvals not occur before the beginning of the fiscal 2011 year. The total project costs defined are $10,175,445, identified in Exhibit "I" attached, and will be funded from the fallowing sources: COUNTY-CiTy BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235 -9216 FAX 5741235 -9928 TDD 5741235 -5567 President Dieter Page 2 November 3, 2010 Redevelopment Commission Board SBCDA TIF & SBCDA 2003 Bond COIT Fund EDIT Fund Total Funding $ 4,980,000 Bond issue $ 1,989,445 Cash on hand $ 2,686,000 Cash on hand $ 520,000 Cash on hand $10,175,445 The Redevelopment Commission Bond to be issued will utilize Federal Recovery Zone Development Bond dollars available to the City of South Bend. The total recovery bond capacity available to the City is $4,983,000. The bond issue is slightly below the available amount due to bond market requirement of issuance in minimum increments of $5,000. Built for $11 million in 1987, the 5,000 -seat Stanley Coveleski Regional Stadium is worth an estimated $35 million to $40 million today. The stadium is owned by the City of South Bend and managed by the Parks and Recreation Department, which authorizes use of the facility to the South Bend Silver Hawks, a Class A minor league baseball franchise. Approaching its '215h anniversary, Coveleski Stadium requires reinvestment to continue to meet standards for minor - league baseball play. The stadium has not attained minimum lighting standards for the past few years, the playing field needs replacement to address drainage issues, the stadium is out of compliance with the state required number of restrooms, and providing an indoor hitting and pitching facility will bring the stadium on par with other Midwest League facilities. Mayor Stephen J. Luecke will present this bill to the Common Council at the Council assigned committee meeting and at the public hearing. City .Administration requests Common Council a favorable consideration and passage of this spending ordinance bill. Respectf y submitted, Gregg D. i ntara Controller t cc: Stepp n J. Luecke z i Jeff Gibney Don Inks_........ Attachments: Exhibit "1" —Project source and use of funds financial staternent— • °- v.. Exhibit "2" — Facts about Stanley Coveleski Regional Stadium AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,686,000 FROM COUNTY OP'T'ION INCOME TAX (COIT) FUND #404 AND $520,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL IMPROVEMENTS TO THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM IN 2011 STATEMENT OF PURPOSE AND INTENT Built for $11 million in 1987, the 5,000 -seat Stanley Coveleski Regional Stadium is worth an estimated $35 million to $40 million today. The stadium is owned by the City of South Bend and managed by the Parks and Recreation Department, which authorizes use of the facility to the South Bend Silver Hawks, a Class A minor league baseball franchise. Approaching its 25`h anniversary, Coveleski Stadium requires reinvestment to continue to meet standards for minor - league play. The stadium has not attained minimum lighting standards for the pas,, few years. The grass field needs replacement to address drainage issues. The stadium is out of compliance with the state required number of restrooms. Providing an indoor hitting and pitching facility will bring Coveleski Stadium up to par with other Midwest League facilities. This ordinance is submitted in tandem with a bond issuance and appropriation ordinance, the total combined funds from which will be used for much needed improvement and renovation to the Stanley Coveleski Regional Stadium. These renovations will enable broader, year -round use of the ballpark, expanding its economic impact and creating potential development sites for housing and commercial /retail users. A renovated stadium and environs is in the best interest of the entire South Bend Community. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. The sum of Two Million Six Hundred Eighty -Six Thousand Dollars ($2,686,000) be and hereby is appropriated from County Option Income Tax (COIT) Fund (#404) for capital improvements to the Stanley Coveleski Regional Baseball Stadium in 2011. SECTION II. The sum of Five Hundred Twenty Thousand Dollars ($520,000) be and hereby is appropriated from Economic Development Income Tax (EDIT) Fund ( #408) for capital improvements to the Stanley Coveleski Regional Baseball Stadium in 2011, SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council OP sIff v'i6 $.;_: i ..; € '�+adrjq and ` . Attest: City Clerk. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2_, at _o'clock — rn. City Clerk Approved and signed by me on the ----day of 2—, at o'clock —tn. 3.-J, - Mayor, City of South Bend 070000 b00000OQO b0000SOOSQ O boa O00pQ0 C30cao00o oQO a O ��[[]]O U71i) QOOt17o 00 Qin�130 01!?002w I!7 Lr) Lf) O CV C7 CV b Chi l� � � IN in Lo M 00 d M LM�3 N � 1� to if � w C LL Cam) O w 13 F- C 4 U N CT C U) �_ w LU C 61 E m w LL m L E w -p � a? C 7 w 4? L, w p1 a c7 w w N CL v U r7 �� � CC T �� w o CL L E n'f L i� O C m f/7 �. ca a,� ��y M'� p a�iE �ui�,00 N� r v m n os . ,y ff� O � w U) rI� c° E o. U� psi s o y CU Q CD mCC a EJ � � � C) w c LL In c6 -6 r {L C U rn w u) 1 O y, O rn m ai ran E o p w Q m Cj U A c m .0 00 c z o (? w J 0 01-5 o p ) aci +. m CC U o Z c c w •0 T CD L? 00 .5 � mmum'ay.gU- E 3:2 —'c �E 4 b T O C— 0 LL -0 � U N� w O C 15 O L O O � cis �u) p a Na0. ©[ ai-0 oi� ca m a`s °c���.0 C� 0 3 t�EcC E'c3 rno«�cy —° �c°n°e cm r_ CD r. � p'o `. CDU C O *'- O V w `O a 7 a L 7 ._ 1d .V 7 7 w Q p 0 w X w 2 O )- m �m o m 0 UOCLZ �eD00C.macm 0 U MU)ul - as t- � O . C_V ai SEE° z cnE0�s v @ ro U � E c C:, o 0 V O W 00117 to U QD co w N P- w rnrntDtn /C 4 w 0 U w C O CO c9 Q cri (5 N t V ; N (n 00 {i 0 LL C C 7 L (� 0 w 1 2 Lv O V wLL OO F'F- �� d cu O(1 0 0 mLM Q d �^ 6 cnULiJ #- - Exhibit 11 FACTS ABOUT STANLEY COVELESKI REGIONAL STADIUM Built for $11 million in 1987, the 5,000 -seat Stanley Coveleski Regional Stadium is worth an estimated $35 million to $40 million today. The stadium is owned by the City of South Bend and managed by the Parks and Recreation Department, which leases the facility to the South Bend Silver Hawks, a Class A minor league baseball franchise. When it first opened for baseball in 1988 to host the South Bend White Sox, Coveleski Stadium quickly gained a reputation as "the grandfather of the modern ballpark," according to BallParkReviews.com. its design template inspired other ballparks like Baltimore's Oriole Park at Camden Yards and Cleveland's Jacobs Field, which were built in the heart of downtowns and urban neighborhoods. Approaching its 25th anniversary, Coveleski Stadium requires reinvestment to continue to meet standards for minor - league play. The stadium has not attained minimum lighting standards for the past few years. The grass field needs replacement to address drainage issues. The stadium is out of compliance with the state required number of restrooms. Providing an indoor hitting and pitching facility will bring the stadium up to par with other Midwest League facilities. Coveleski is the fifth oldest stadium in the Midwest League with 12 stadiums built after the Cove (with most recent costs ranging from $20 million to $33 million.) The City of Fort Wayne, for example, demolished suburban Memorial Stadium built six years after `The Cove" to build a new $30.6 - million Parkview Field downtown in 2009. The Cove's proposed $9.75 million renovation is less than recent Midwest League renovations of $10.5 million in Kane County, Ill., and $12.5 million in Davenport, Iowa. In 2007, the City of South Bend began discussions with Cove architect HOK Sport (now Populous) to enhance the stadium facility, create greater connectivity with downtown and foster economic - development opportunities in the surrounding neighborhood. This effort coincided with the planned relocation of the Gates automotive dealership to Erskine Commons. Since then, the City has acquired nearly 15 contiguous acres of property surrounding the stadium as part of a strategy to encourage new, mixed -use development. "The Cove" has drawn more than 4 million fans since 1987, offering 70 days of family entertainment downtown. The economic impact of visitors for the home -game schedule alone reaches nearly $700,000 annually. In addition, the Professional Sports Development Fund enables the City to capture as much as $400,000 annually in sales tax revenue, which would otherwise go to the state. The renovations will enable broader, year -round use of the ballpark, expanding its economic impact and creating potential development sites for housing and commerciallretail uses. Initial improvements in the 2010 season included renovated restrooms, drainage improvements, new padding for the outfield wall and a new backstop net. Projects funded by the Recovery Zone Economic Development Bond proceeds and other sources include: • A new centerfield entrance, ticket office and concessions area. • An expanded concourse with 360 - degree seating. • Basic facility upgrades to the scoreboard, sound system, lights, mechanical systems, restrooms and food - service areas. • Major overhaul of the field drainage system with a new artificial turf field. • Upgraded fan amenities including a picnic area, Kids Zone and splash pad, new concourse -level suites, a left field home run area and a refurbished Upper Deck area. • Renovated dugouts and locker rooms for player safety and a new training facility. • A new team store in the renovated B'Nai Yisrael (Sons of Israel) Synagogue. CITY OF SOU'T'H BEND STEPHEN J. LuF-cKE, MAYOR. DEPARTMENT OF ADMINISTRATION AND FINANCE GuGG D. ZIENTARA CONTROLLER November 3, 2010 Mr. Derek D. Dieter President of the Common Council of the City of South Bend 4 1 Floor, County -City Building South Bend, IN 46601 Re: Ordinance to Authorize Recovery Zone Economic Development Bonds and to Appropriate Funds Therefrom Dear President Dieter: The attached Ordinance for your consideration would allow for the issuance of Recovery Zone Economic Development Bonds of up to $4,980,000 for the improvement of Coveleski Stadium. The Ordinance also provides for the debt service on these bonds to be paid by revenues from the Professional Sports and Convention Development Area ( PSCDA). In the event the PSCDA revenues are not sufficient, the Council is also approving a pledge of COIT revenues. These bonds would have a term not to exceed 20 years. Proceeds of the bond would provide part of the funding necessary to make the planned improvements at Coveleski Stadium. Total improvements are estimated to cost $9,575,445, plus issuance costs of $120,000 and a debt service reserve of $480,000, bring the total to $10,175,445. In addition to the bond proceeds, TIF resources of $1,989,445 have been committed by the South Bend Redevelopment Commission. The remaining funding for the project is proposed to come from COIT ($2,686,000) and EDIT ($520,000). Improvements planned for Coveleski Stadium are part of a larger plan for the mixed use development of the Coveleski Neighborhood, which was previously shared with the Council. These improvements will deal with maintenance needs of a facility built in 1987, create greater connectivity with the downtown, address needed facility improvements, and provide for significantly expanded use of the Stadium by the community. Mayor Stephen J. Luecke will present this bill to the Common Council at the Council assigned committee meeting and at the public hearing. COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PRONE 574/235 -9216 FAx 574/235 -9928 TDD 5741235 -5567 President Dieter Page 2 November 3, 2010 City Administration requests Common Council a favorable consideration and passage of this spending ordinance bill. cc: Stephen J. Luecke Jeff Gibney Don inks Respectfully submitted, Gregg 3 V.rientarza Controller ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF REDEVELOPMENT DISTRICT REVENUE BONDS EXPECTED TO BE ISSUED FOR AND ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT DISTRICT AND PLEDGING CERTAIN REVENUES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS (STANLEY COVELESKI STADIUM) STATEMENT OF PURPOSE OF INTENT The South Bend Redevelopment District (the "District ") has been established by the City of South Bend, Indiana (the "City "), which District is a special taxing district having the same boundaries as the City and governed by the South Bend Redevelopment Commission (the "Commission ") under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in I.C. 36 -7 -14 et seq., as amended from time to time (the "Redevelopment Act "). The Commission has previously designated and declared an area in the City known as the Central Development Area to be a redevelopment area and an allocation area pursuant to the Act for purposes of tax increment finance which area has been amended from time to time (the "Area "), and the Commission has previously adopted a redevelopment plan for the Area which has been amended from time to time. The City has also previously designated a Professional Sports and Convention Development Area pursuant to I.C. 36 -7 -31.3 et seq., as amended from time to time (the "PSCDA Act "), in an area of the City to include that portion of the City where Coveleski Stadium (the "Stadium ") is located for the purpose of capturing "covered taxes" as such term is defined by Section 4 of the PSCDA Act (the "PSCDA Revenues "). The Commission is considering undertaking certain local public improvements in the Area, such local public improvements to include certain improvements to the Stadium, which is owned by the City by and through its Parks Department (collectively, the "Project "). In order to pay for a portion of the Project, the Commission is further considering the issuance of special revenue bonds of the District pursuant to Section 25.1 of the Redevelopment Act in an aggregate principal amount not to exceed Four Million Nine Hundred Eighty Thousand and 001100 Dollars ($4,980,000.00) (the "Bonds "). The Commission has adopted a preliminary bond resolution at its meeting on November 2, 2010, authorizing the issuance of the Bonds. The Bonds, if and when issued, would be payable from the PSCDA Revenues and, to the extent that such revenues are ever insufficient to pay the principal of and interest on the Bonds, from County Option Income Tax Revenues ( "COIT Revenues ") received by the City to the extent pledged for such purpose by the Common Council of the City ( "Common Council ") pursuant to this Ordinance. BDDBOI 6401969 vi The American Recovery and Reinvestment Act of 2009 (the "Stimulus Act ") added Sections 140OU -1 through and including 140OU -3 to the Internal Revenue Code of 1986, as amended (the "Code "), which authorized local governments to designate and issue Recovery Zone Economic Development Bonds pursuant to volume cap allocated among the various states and counties and large municipalities within the states based upon relative declines in unemployment in 2008 to finance certain capital expenditures paid or incurred with respect to property located in a designated recovery zone and certain other expenditures identified in Section 140OU -2 of the Code (each of such expenditures being referred to herein as a "Qualified Economic Development Purpose "). The City received an allocation for Recovery Zone Economic Development Bonds of Four Million Nine Hundred Eighty -three Thousand and 00 /100 Dollars ($4,983,000) (the "Volume Cap "). The Common Council previously adopted Resolution No. 4019 -10 on March 22, 2010, designating the entire geographic area of the City as a Recovery Zone for purposes of Section 14000 -1(b) of the Code, which would include the Area and the Stadium. The Project qualifies as a Qualified Economic Development Purpose. Issuance of the Bonds as Recovery Zone Economic Development Bonds will permit the District to receive a credit from the United States Treasury in an amount equal to 45% of the stated interest to be paid on such Bonds as provided by Sections 140OU -2 and 6431 of the Code. It is expected that the Bonds may be issued as Recovery Zone Economic Development Bonds if that designation provides the lowest net interest rate. The Common Council deems it in the best interest of the City and its citizens and of public utility and benefit: (a) that the District issue the Bonds, the source of payment for the principal of and interest on which shall be the PSCDA Revenues and if such PSCDA Revenues are insufficient then from the COIT Revenues and (b) to pledge the PSCDA Revenues received by the City for the payment of the principal of and interest on the Bonds and also pledge the COIT Revenues distributed to the City for such purpose in the event the PSCDA Revenues are insufficient, provided that such Bonds shall not be issued (i) in an aggregate principal amount that exceeds Four Million Nine Hundred Eighty Thousand and 00 /100 Dollars ($4,980,000) and (ii) for a term that exceeds twenty (20) years. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council does hereby authorize and approve the issuance of the Bonds by the Commission for and on behalf of the District in an aggregate principal amount not to exceed Four Million Nine Hundred Eighty Thousand Dollars ($4,980,000.00) for a term not to exceed twenty (20) years, the source of payment for the principal of and interest on which shall be the PSCDA Revenues and if the PSCDA Revenues are not sufficient, the COIT Revenues. To provide for the issuance of the Bonds for or on behalf of the District for the purpose of financing a portion of the costs of the Project, the Common Council does hereby approve and irrevocably pledge the PSCDA Revenues received by the City for the payment of the principal of, premium, if any, and interest on the Bonds (the "PSCDA Pledge "). In the event the PSCDA Revenues are not sufficient, the Common Council does hereby approve and yta BDDB01 64019680 irrevocably pledge the COIT Revenues for the payment of the principal of and interest on the Bonds (the "COIT Pledge" and collectively with the PSCDA Pledge, the "Pledge "). Section III. The foregoing Pledge shall continue irrevocably during the period in which the Bonds remain outstanding. The provisions hereof shall be construed to create a trust in the PSCDA Revenues and the COIT Revenues described herein and the provisions hereof are made in accordance with Indiana Code 5- 1 -14 -4. This Ordinance shall not be repealed or amended in any manner which would serve to adversely affect the Pledge made herein by the Common Council on behalf of the City. The Mayor, Controller, and the Clerk are hereby authorized to execute such documents as may be necessary in connection with the issuance of the Bonds to evidence the Pledge. The Bonds shall not constitute a corporate obligation or indebtedness of the City but shall constitute an obligation of the District. Section IV. Only in the event the PSCDA Revenues are not sufficient to pay the principal of and interest on the Bonds, the COIT Revenues shall then be used to pay the principal of and interest on the Bonds. The COIT Pledge shall be on a parity with any outstanding indebtedness or lease rental obligations payable from such COIT Revenues (the "Prior Obligations "). Section V. The City reserves the right to enter into additional leases or authorize and issue bonds, payable out of its COIT Revenues, ranking on a parity with the amounts payable under the Prior Obligations and the COIT Pledge described herein, for the purpose of financing the cost of additional projects (the "Parity Obligations "). The authorization and issuance of Parity Obligations shall be subject to the following conditions precedent: (a) Rental payments under all leases and the principal of and interest on all bonds, which are, respectively, in accordance with their terms, payable from COIT Revenues shall have been paid in accordance with their terms. (b) All required deposits into the COIT Obligations Fund and the COIT Reserve Fund shall have been made in accordance with the provisions of this Ordinance and the terms of the Prior Obligations. (c) Either: (1) the COIT Revenues distributed to the City in the fiscal year immediately preceding the entering into or issuance of any such Parity Obligations shall be not less than one hundred thirty -five percent (135 %) of the maximum annual interest and principal requirements of all the then outstanding obligations, including without limitation the Prior Obligations, payable from amounts that the City receives from COIT Revenues and the additional Parity Obligations; or (2) the COIT Revenues distributed to the City pursuant to the Act for the first full fiscal year immediately succeeding the issuance of any such Parity Obligations shall be projected by a certified public accountant to be at least equal to one hundred thirty -five percent (135 %) of the total of the maximum annual rentals or interest and principal requirements of all the then outstanding obligations including without limitation the Prior Obligations, payable from amounts that the City receives from COIT Revenues and the Parity Obligations proposed to be issued. -3- BDDBOi 6401968v1 For purposes of this subsection, the records of the City shall be analyzed and all showings prepared by a certified public accountant or independent financial adviser employed by the City for that purpose. (d) Lease rentals on any leases and the principal of and interest on any bonds which constitute Parity Obligations shall be payable semiannually on the fifteenth days of January and July in the years such amounts are payable. Except as otherwise provided in this Section V, so long as the City is obligated to make payments under any Prior Obligations, no Parity Obligations pledging any portion of the COIT Revenues distributed to the City shall be authorized, executed or issued by the City except such as shall be made subordinate and junior in all respects to the payments made under the Prior Obligations. Section VI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member, South Bend Common Qouncil 4ap r r Presented by me to the Mayor of the City of South Bend on the day of , 2010, at _ o'clock p.m. City Clerk Approved and signed by me on the day of 2010, at o'clock m. ln. k:twrfi Dit G L L e —�6 PULiTUC HEARING 3 rd-7� READHNG NOT WSW. " BDD'SOI 640I968vi Mayor, City of South Bend -4— FHA- d In Cllc; `Ru'e Office ( �J/ ,) rJ.n 2 Fl�l, V r �� 2,"10 CITY U.i: IN. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING AND APPROVING THE ISSUANCE OF RECOVERY ZONE FACILITY BONDS UP TO THE AMOUNT OF $37,150,000 TO TODD CENTER, LLC FOR THE CHASE TOWER PROJECT WHEREAS, the City of South Bend, Indiana (the "Issuer "), is authorized by IC 36 -7 -11.9 and 12 (collectively, the "Act ") to issue revenue bonds for the financing of economic development facilities, the funds from said financing to be loaned to a company to be used for the acquisition, renovation and equipping of said facilities; and WHEREAS, the Issuer is authorized by the American Recovery and Reinvestment Act of 2009 (the "Recovery Act ") to issue Recovery Zone Facility Bonds to finance the construction renovation or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery zone, and the Common Council of the City of South Bend adopted Resolution 4019 -10 on March 24, 2010 designating the City of South Bend as a recovery zone for the purposes of the Recovery Act; and WHEREAS, Todd Center, LLC, a Iimited liability company (the "Applicant "), has advised the South Bend Economic Development Commission (the "Commission ") and the Issuer that it proposes that the Issuer lend proceeds of a Recovery Zone Facility Bond economic development financing to the Applicant for the acquisition, renovation and equipping of the Chase Tower consisting of (1) the development of the Anvic Senior Care and Rehabilitation Center which will offer assisted living care, adult day care, memory care and clinical, rehabilitation, and wellness services; (2) the renovation and conversion of a portion of the current hotel into an upscale hotel; (3) the renovation of the office space within the Tower; and (4) the renovation of the exterior of the Chase Tower and related parking facilities within the Tower located downtown on the northwest corner of Washington Street and Main Street, at 211 West Washington Street, South Bend, Indiana (collectively, the "Project "); and WHEREAS, the diversification of industry and increase in job opportunities (approximately 165 new full -time jobs) to be achieved by the acquisition, renovation and equipping of the Project will be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, it would appear that the financing of the Project would be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, it is tentatively found that the acquisition, renovation and equipping of the Project will not have an adverse competitive effect on any similar facility already constructed or operating in the City of South Bend, Indiana; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, as follows: 1. The Common Council of the City of South Bend, Indiana, finds, determines, ratifies and confirms that the promotion of diversification of economic development and job opportunities in and near the City of South Bend, Indiana, is desirable to preserve the health, safety and general welfare of the citizens of the Issuer; and that it is in the public interest that the Commission and the Issuer take such action as they lawfully may to encourage economic development, diversification of industry and promotion of job opportunities in and near the Issuer. 2. The Common Council of the city of South Bend, Indiana, approves, determines, ratifies and confirms that the issuance and sale of Recovery Zone Facility Bonds in an amount not to exceed $31,750,000 of the Issuer under the Act for the lending of the proceeds of the Recovery Zone Facility Bonds to the Applicant, for the acquisition, renovation and equipping of the Project will serve the public purpose referred to above, in accordance with the Act. 3. In order to induce the Applicant to proceed with the acquisition, construction and equipping of the Project, the common Council of the City of South Bend, Indiana, hereby approves, determines, ratifies and confirms that (i) it will take or cause to be taken such actions pursuant to the Act as may be required to implement the aforesaid financing, or as it may deem appropriate in pursuance thereof; and (ii) it will adopt such ordinances and resolutions and authorize the execution and delivery of such instrument and the taking of such action as may be necessary and advisable for the authorization issuance and sale of said economic development revenue bonds; and that the aforementioned purposes comply with the provisions of the Act; and (iii) it will use its best efforts to assist Applicant in procuring additional Recovery Zone Facility Bond volume including requesting allocation authority from St. Joseph Count y and from the Indiana Finance Authority for completion of the Project, including the costs of issuance, provided that all of the foregoing shall be mutually acceptable to the Issuer and the Applicant. 4. All costs of the Project incurred after the date permitted by applicable federal tax and state laws, including reimbursement or repayment to the Applicant of moneys expended by the Applicant for planning engineering, a portion of the interest paid during construction and equipping, underwriting expenses, attorney and bond counsel fees, acquisition, renovation and equipping of the Project will be permitted to be included as part of the bond issue to finance the Project, and the Issuer will lend the proceeds from the sale of the bonds to the Applicant for the same purpose. Also, certain indirect expenses, including but not limited to, planning, architectural work and engineering incurred prior to this inducement resolution will be permitted to be included as part of the bond issue to finance the Project. S. This resolution shall constitute "official action" for purposes of compliance with federal and state laws requiring governmental action as authorization for future reimbursement from the proceeds of bonds. Adopted this 22nd day of November, 2010. COMMON COUNCIL OF THE CITY OF SOUTH BEND E V , Y. �. :; Member of the Common C6Uncil (SEAL) Attest: City Clerk I, , the duly qualified and acting City Clerk of the City of South Bend, Indiana, do hereby certify that the above and foregoing is a true and exact excerpt of the resolution of the meeting of the Common Council of the City of South Bend, Indiana, at which meeting a quorum was in attendance and acting throughout, and held October 25, 2010, as such appears in the official minutes of said Common Council in my custody. (SEAL) •.rira r�:'�7 r �� City Clerk City of South Bend, Indiana FF t.. Office N, 0V 1 7D SpU TIJ 8� City of South Bend Common Council 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President November 17, 2010 (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin.gov Ann Puzzello Members of the Common Council Chairperson, Committee 4th Floor County -City Building of the Whole South Bend, Indiana 46601 Derck D. Dieter Re: regulations Governing Council Members First District Henry Davis, Jr. Dear Council Members: Second District In the interest of observing the highest standards of conduct in carrying out the Thomas LaFountain official duties as an elected member of the South Bend Common Council, the Third District Council periodically reviews its governing regulations. For example, in 2004, the Ann Common Council passed Ordinance No. 9504 -04 which amended Section 2 -8 of the Fourth District h District South Bend Municipal Code b including the following B Y g g provision: "Persons in the Council Chambers shall turn their cell phones and pagers to their silent mode when David Varner the Common Council is in session ". Fifth District That provision needs to be updated in light of new electronic communications Oliver J. Davis technology and to broaden its application to meetings of the many Standing Sixth District Committees of the Council. Al "Buddy" Kirsits At Large Many cities are currently in the process of updating their rules and regulations governing public meetings. For example, Boston and Seattle have regulations in Timothy A. Rouse place addressing the "use of handheld electronic devices" and the "use of social At Large media by city Council Members" citing interference with council audio systems and the need to upgrade their rules of decorum. Several state legislatures have enacted Karen L. White laws in this area and the National Conference on State Legislatures have issued At Large publications this year on the digital age and public gatherings. Furthermore, the US Congressional Research Service issued on February 3, 2010 a publication entitled "Social Networking and Constituent Communications: Member Use of Twitter During a Two -Month Period in the 11 I tit Congress" It noted among other things that: • "...the development of new electronic technologies has altered the traditional patterns of communications between Members of Congress and constituents. Many members now use e-mail, official websites, blogs, YouTube channels, and Cover Letter to Council Regulations Ordinance November 17, 2010 Page 2 Facebook pages to communicate with their constituents — technologies that were either non - existent or not widely available 15 years ago." "Despite these advantages, electronic communications have raised some concerns." • "Members of Congress have more choices and options available to communicate with constituents... [with] Members now reaching] their constituents via e-mail, websites, tele -town halls, online videos, social networking sites, and other electronic -based communication applications." The U.S. Senate prohibits electronic devices in varying degrees, For example, "No cameras, tape recorders, or any electronic devices are permitted in the Senate Chamber ". "Cell phones and laptops cannot be used "in the committee well "; and the use of cellular phones, lap tops and other electronic communication devices is prohibited during "open hearings ". The U.S. House of Representatives have regulations that provide that "No telephones or other electronic communication devices may be used on the floor during session ". The attached proposed ordinance attempts to update the Common Council's regulations, especially those affected by the ever - changing electronic communications technologies. The ordinance recognizes the requirements of the Indiana Open Door Law and attempts to carefully balance the need to communicate and receive communications with the need for maintaining proper and professional decorum during meetings. We also see the need to work closely with the City Administration to regularly review, discuss and amend City policies which address such topics as e-mail communications; internet usage, IT remote access and other forms of enhanced communications such as departmental Facebooks, cybercasts, etc. We seek your support and look forward to discussing this proposed ordinance with you. Thank you. Sincerely, Derek D. Dieter, Council President Kar . White, C uncil Member L rge Lm� zze llo, 4'' District ict Council Member Timothy A. Rouse, Council Member at Large Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2 -8 AND 2 -10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL STATEMENT OF PURPOSE AND INTENT In 2005, the Common Council passed Ordinance No. 9570 -05 which amended various provisions governing the operations of the South Bend Common Council. That ordinance built upon the improved efficiencies gained by the passage of Ordinance No. 9504 -04 on April 26, 2004, which then Council President Karen L. White sponsored. As a result of those actions, greater efficiencies were gained on such procedures addressing the filing of substitute Bills with the Office of the City Clerk; the inclusion of signatory areas for the Clerk and Mayor on proposed ordinances and resolutions; requiring all exhibits and petitions to be filed with all proposed Bills; authorizing the Council President to assign topics raised during the Privilege of the Floor; as well as many other areas. This ordinance is proposed to further advance the efficiency of the operations of the South Bend Common Council. Many legislative bodies throughout the country have passed regulations addressing the use of electronic devices during their meetings. This ordinance addresses that topic as well as related concerns in the interest of maintaining the highest level of decorum during Common Council meetings and Standing Committee meetings. With the development of ever - changing new electronic technologies; more and more rules and guidelines are being developed to carefully balance the need to embrace new communication technologies with the need to develop appropriate public policies addressing governmental operations. Research reveals that the United States Senate prohibits all electronic devises in varying degrees. As of February 2010, 205 Senators and Representatives were registered with Twitter; with such members averaging 116 tweets per day collectively. Twitter was created in 2006 as a web -based social networking service. The House and Senate has divided twitter use into eight (S) categories: position taking; policy; district or state activities; official congressional action; personal; media; campaign activities; and other. As a result, electronic technology has begun to reduce the cost for constituent communications. Additionally, many state legislatures have enacted rules restricting or prohibiting electronic devices so that the elected officials" undivided attention is focused on the issue being discussed during their deliberations. In light of technological innovations altering traditional farms of communication, this ordinance is warranted to assure that each Council Member has the ability to collect and transmit information from constituents; while maintaining proper decorum at all Council and Committee meetings. Various housekeeping measures are addressed to further improve the regulations governing the overall operations of the Common Council. All of the proposed regulations are proposed to be in the best interests of the public and the South Bend Common Council. Council Procedures Ordinance Page 2 gf . "' ���r� /:��. / ilf�zlev:peel by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 1, Section 2 -8 of the South Bend Municipal Code is amended by amending paragraph (p) and by the inclusion of new paragraph (q) which shall read as follows: (p) Persons in the Council Chambers and in the Council Informal Meeting Room shall turn their cell phones,. eAW pagers PDA or an other t e of electronic communications device to their silent mode when the Common Council is in session and when any Standing Committee meeting is in progress. Electronic devices including but not limited to cell phones, j2 a es PDAs or any other type of electronic communications device in the possession of a Council Member, must be turned off or put in silent mode during all Common Council Meetings, all StandinjCommittee Meetings, or any other meetings called under the Indiana Open Door provisions. Textin , emailing and any other forms of electronic communications by a Council Member while a meeting is in ro ess and while in -a meeting room or Council Chamber, shall be prohibited. Violation of this section ma subject a Council Member to any of the sanctions set forth in Section 2 -10 k of the South Bend Municipal Code. Section II. The following paragraph set forth in Chapter 2, Article 1, Section 2 -10 (i) of the South Bend Municipal Code is amended to read as follows: The Chairperson, with the assistance of the Eouneil ^� mey, Ci Clerk, shall be responsible for filing Committee minutes with the Office of the City Clerk within two (2) weeks after each committee meeting. Such minutes shall comply with the Open Door Law and shall include but not be limited to: (1) the date, time and place of the meeting; (2) persons in attendance; (3) summary of all items discussed including all references to proposed resolutions and ordinances referred to in it for review and recommendation; (4) a record of all votes taken; and the time of adjournment. Any documents submitted to a Committee shall be filed with the original of the committee minutes with the Office of the City Clerk. Any majority or minority reports filed with a committee shall also be attached to such committee minutes. Section 111, Chapter 2, Article 1, Section 2 -10 (k) of the South Bend Municipal Code is amended to read as follows: (k) Sanctions: Upon finding that a Council Member - respondent violated the code of conduct of the Common Council; or if a Council Member violated an other provision of this Code, the Council by majority vote may take any or none of the following actions: (1) Issue a private censure; (2) Issue a public censure; Council Procedures Ordinance Page 3 (3) Recommend to the Council Member- respondent or to a Council Member who violated any other rovision of this Code, that he or she resign his or her position on a standing and /or special committee; (4) Recommend to the Council Member - respondent or to a Council Member who violated any other provision of this Code, that he or she resign from his or her office of Ceuneilmm} Council Member; (5) Refer the matter to the County Prosecutor's Office for appropriate action; er (6) Refer the matter, by a vote of two- thirds (2/3) of the Council for expulsion from the Common Council. ;_or (7) Subject the Council Member-respondent or a Council Member who violated an other provision of this Code to a minimum ordinance fine of not less than twenty-five dollars 25.00 er violation and loss of further consideration of an travel promotional and instructional monies addressed in Section 2 -2 l of this Code for the remainder of the calendar ear. Section IV. 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. lzin P-'44 John Voorde, City Clerk Derek D. Dieter, Council President Karen L. White, Council Member Ann Puzzello, Council Member Timothy A. Rouse, Council Member Council Procedures Ordinance Page 4 I-) 1160"U"n.k.c/by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of , 2010, at o'clock —. m. me on the —.M. 3rdj READNG l f011 APPROVED LFERRLD PAS5ED Janice Talboom, Deputy Clerk day of 2010, at o'clock Stephen J. Luecke Mayor of the City of South Bend, Indiana E j�Uv�7 2010 MY CL COUNTY -QTy BUJLDING 227W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 I865 CITY OF SOUTH BEND STEPHEN J. iLUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER November 17, 2010 Mr. Derek Dieter President, South Bend Common Council 4'' Floor, County -City Building South Bend, IN 46601 PHONE 574 - 235 -9216 FAX 574- 235 -9928 Re: Ordinance of the Common Council Creating a new Fund to Account for unemployment Compensation Expenditures Dear President Dieter: The employees of the City of South Bend are covered under federal and state unemployment insurance laws. As with most local units of government, the City of South Bend is a "reimbursing employer" and repays the Indiana Department of Workforce Development monthly for actual unemployment claims paid to eligible former employees. Unemployment compensation costs are currently paid from departmental operating budgets and the amount of unemployment claims paid has proven to be difficult, at best, to estimate and budget accurately. Establishment of a dedicated Fund, managed by the Office of the Controller, will enable greater efficiency and financial control of unemployment funds expended. Thus, it is in the best interest of the City to establish a new Unemployment Compensation Insurance Fund ( #713), which will account for the payment of unemployment claims in a single Fund and will charge an allocation to user departments to cover the estimated costs of claims. The Unemployment Compensation Insurance Fund will be classified in the annual financial report as an internal service Fund because it benefits other City departments. The new Fund 713 will be a non - reverting Fund and will earn interest on cash balances. This Fund will be subject to appropriation by the City of South Bend Common Council, The 2011 budget for Fund 713 was passed by the Common Council on October 25, 2010. I will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting, t am available to discuss any matters concerning this Bill at the convenience of the Council. Regar Gregg., ie tara CC" Stephen J. I_uecke, Mayor of the City of South Send g11 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING AN UNEMPLOYMENT COMPENSATION INSURANCE FUND ( #713) STATEMENT OF PURPOSE AND INTENT The employees of the City of South Bend are covered under federal and state unemployment insurance laws. As with most local units of government, the City of South Bend is a "reimbursing employer" and repays the Indiana Department of Workforce Development monthly for actual unemployment claims paid to eligible former employees. These costs are currently paid from departmental operating budgets and the amount of unemployment claims paid in a year can be difficult to estimate and budget accurately. Thus, it is in the best interest of the City to establish a new Unemployment Compensation Insurance Fund ( #713), which will account for the payment of unemployment claims in a single fund and will charge an allocation to user departments to cover the estimated costs of claims. The Unemployment Compensation Insurance Fund will be classified in the annual financial report as an internal service fund because it benefits other City departments. The new Fund 713 will be a non - reverting fund and will earn interest on cash balances. The Fund will be subject to appropriation by the City of South Bend Common Council. The 2011 budget for Fund 713 was passed by the Common Council on October 25, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I . An Unemployment Compensation Insurance Fund ( #713) is created to account for the payment of unemployment claims in a single Fund and to charge an allocation to user departments to cover the estimated costs of claims. This Fund shall be non - reverting and shall earn interest on cash balances. The Fund will be subject to appropriation by the City of South Bend Common Council. SECTION II. The Unemployment Compensation Insurance Fund ( 4713) will be established effective January 1, 2011. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common 0 ouncil 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 F:\DATA\SHARE1Lrgal\Wpdata\AMDlOrdinances\Fund 713 Unemployment Compensation Fund 11161 O.doc it READING Jr,UC �vl%-:ARNG VNG DT A�PPOVW 4,5SED COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 $OV MAY MACE xC +'111' y1865 PHONE 574 - 235 -9216 FAX 574. 235 -9923 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER November 17, 2010 Mr. Derek Dieter President, South Bend Common Council 41h Floor, County -City Building South Bend, IN 46601 Re: Ordinance of the Common Council Creating a New Fund to Account for Community & Economic Development Administration Dear President Dieter: For many years, the expense to fund the day to day operations and administration of the City of South Bend's Community and Economic Development Department ( "Department ") have been accounted for in Fund 212 — Community and Economic Development Fund. In addition to the costs of operating the Department, Fund 212 has also been used to account for specific program expense, including, Community Development Block Grant, Neighborhood Stabilization Program, Homeless Prevention and Rapid Re- housing Program and a variety of other federal and state grant programs. These program expenditures represent the majority of the monies expended from the Fund and operate under a different fiscal timing than that used by the city. Therefore, in order to affect a proper financial control of the expenditures of the department, it is in the best interest of the City to establish a new Community and Economic Development Administration Fund (#211), which will account exclusively for the personnel, supply, services and capital costs of running the Department. The accounting for grant monies and other federal and state assistance will remain in Fund 212. The Community and Economic Development Administration Fund (#211) will be classified in the annual financial report as a special revenue Fund and will receive funding from transfers in, charges for services and other revenue sources. The new Fund 211 will be a non - reverting Fund and will earn interest on outstanding cash balances. This Fund will be subject to appropriation by the City of South Bend Common Council. The 2011 budget for Fund 211 was passed by the Common Council on October 25, 2010. In January 2011, City of South Bend accounting staff will determine the proper distribution of cash balances, as of January 1, 2011, to Funds 211 and 212 based on grant and other accounting and legal requirements. b President Dieter Page 2 November 17, 2010 I will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this Bill at the convenience of the Council. Gregg cc: Stephen J. Luecke, Mayor of the City of South Bend ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATION FUND ( #211) STATEMENT OF PURPOSE AND INTENT For many years, the administration of the City of South Bend Community and Economic Development Department ( "Department ") has been accounted for in Fund 212 — Community and Economic Development Fund. In addition to the costs of operating the Department, Fund 212 has also been used to account for Community Development BIock Grant, Neighborhood Stabilization Program, Homeless Prevention and Rapid Re- housing Program and a variety of other federal grant programs. Thus, it is in the best interest of the City to establish a new Community and Economic Development Administration Fund ( #211), which will account exclusively for the personnel, supply, services and capital costs of running the Department. The accounting for grant monies and other federal assistance will remain in Fund 212. The Community and Economic Development Administration Fund ( #211) will be classified in the annual financial report as a special revenue Fund and will receive funding from transfers in, charges for services and other revenue sources. The new Fund 211 will be a non - reverting fund and will earn interest on outstanding cash balances. The Fund will be subject to appropriation by the City of South Bend Common Council. The 2011 budget for Fund 211 was passed by the Common Council on October 25, 2010. In January 2011, City of South Bend accounting staff will determine the proper distribution of cash balances, as of January 1, 2011, to Funds 211 and 212 based on grant and other accounting and legal requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. A Community and Economic Development Administration Fund ( #211) is created to account for the personnel, supply, services and capital costs of operating the Department of Community and Economic Development. This Fund shall be non - reverting and shall earn interest on outstanding cash balances. The Fund will be subject to appropriation by the City of South Bend Common Council. SECTION II. The Community and Economic Development Administration Fund ( #211) will be established effective January 1, 2011. In January 2011, City of South Bend accounting staff will determine the proper distribution of cash balances, as of January 1, 2011, to Funds 211 and 212 based on grant and other accounting and legal requirements. SECTION 111. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common CoLcil Attest: od 4 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,P 2_, at o'clock m. Approved and signed by me on the at o'clock, M. City Clerk day of 2 ----------- Mayor, City of South Bend, Indiana F:DATA\SHARE\Legal\WpdatalAMDlOrdinances\Fund 211 CED Administration Fund 11161 O,doc 15f ed T OV F D PA6:i� D COUNTY -CITY BUILDING 227 W. JEFFERsoN BOULEVARD SOUTH BEND, IN 46601 CITY OF SOUTH BENT] STEPHEN J. LUECKE, MAYOR OFFICE OF ACIMINISTRATION & FINANCE GREGG D. LENTARA, CITY CONTROLLER November 17, 2010 Mr. Derek Dieter President, South Bend Common Council 0 Floor, County -City Building South Bend, IN 46601 PHONE 574 - 235 -9216 FAX 574- 235 -9928 Re: Ordinance of the Common Council Creating a new Fund to Account for the 2010 Sewage Works Revenue Bond Construction Dear President Dieter: On November 8, 2010, the City of South Bend Common Council approved spending Ordinance No. 10052 -10, Sewage Works Revenue Bonds of 2010, which authorized the sale of sewage works revenue bonds in an amount not to exceed $9,345,000. Bond covenants and proper accounting principles require that upon issuance, the bond proceeds be deposited into a separate Fund to pay bond issuance costs and project expenditures. To accomplish this, it is in the best interest of the City to establish a new 2010 Sewage Works Revenue Bond Construction Fund (#658), which shall be a non- reverting fund. The new Fund 658 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Common Council. I will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this Bill at the convenience of the Council. Regards, Gregg D. i n a a Co. Ste n J. Luecke, Mayor of the City of South Bend PRACF P , 1865 CITY OF SOUTH BENT] STEPHEN J. LUECKE, MAYOR OFFICE OF ACIMINISTRATION & FINANCE GREGG D. LENTARA, CITY CONTROLLER November 17, 2010 Mr. Derek Dieter President, South Bend Common Council 0 Floor, County -City Building South Bend, IN 46601 PHONE 574 - 235 -9216 FAX 574- 235 -9928 Re: Ordinance of the Common Council Creating a new Fund to Account for the 2010 Sewage Works Revenue Bond Construction Dear President Dieter: On November 8, 2010, the City of South Bend Common Council approved spending Ordinance No. 10052 -10, Sewage Works Revenue Bonds of 2010, which authorized the sale of sewage works revenue bonds in an amount not to exceed $9,345,000. Bond covenants and proper accounting principles require that upon issuance, the bond proceeds be deposited into a separate Fund to pay bond issuance costs and project expenditures. To accomplish this, it is in the best interest of the City to establish a new 2010 Sewage Works Revenue Bond Construction Fund (#658), which shall be a non- reverting fund. The new Fund 658 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Common Council. I will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this Bill at the convenience of the Council. Regards, Gregg D. i n a a Co. Ste n J. Luecke, Mayor of the City of South Bend ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING THE 2010 SEWAGE WORKS REVENUE BOND CONSTRUCTION FUND ( #658) STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana presently owns and operates a sewage works by and through the Board of Public works for the collection and treatment of sewage and other wastes pursuant to the provisions of Indiana Code 36 -9 -23, as amended. The City of South Bend Sewage Works Division has financed several significant capital improvement projects out of bond obligations and has recommended to the City of South Bend Common Council that certain additions, extensions, and improvements to the Sewage Works were necessary. On November 8, 2010, in Ordinance No. 10052 -10 the City of South Bend Common Council authorized the sale of sewage works revenue bonds in an amount not to exceed $9,345,000. Bond covenants and proper accounting principles require that these bond proceeds be deposited into a separate Fund to be used to pay bond issuance costs and project expenditures. To accomplish this, it is in the best interest of the City to establish a new 2010 Sewage Works Revenue Bond Construction Fund ( #658), which shall be a non - reverting Fund. The new Fund 658 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Common Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The 2010 Sewage Works Revenue Bond Construction Fund ( 4658) is established within the City of South Bend to receive bond proceeds and to pay bond issuance costs and project expenditures for the acquisition, construction, and installation of additions, extensions and improvements to the Sewage Works, pursuant to the Project identified and approved in Ordinance No. 10052 -10. SECTION 2. All disbursements from Fund 658 will be in accordance with bond requirements and will be subject to the City of South Bend Common Council appropriation. The 2011 budget for Fund 658 was passed by the Common Council on October 25, 2010. SECTION 3. The monies deposited into this Fund 658 will remain in the Fund and shall not revert to the General Fund or any other City fund. Outstanding cash balances will earn interest and this interest will be retained in Fund 658. SECTION 4. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Obuncil Attest: City Clerk coundi awaa Ga iik�s Mu% Presented by me to the Mayor of the City of South Bend, Indiana on the day of 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 F:\DATA\SHARE\Legal\WPdata\AMDlOrdinancesTund 658 2010 Sewage Works Constuction Fund 11 1610.doc A h I i 0 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 November 17, 2010 $0. 'A PEACE Q rY A, x'`' CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46609 PHONE 674- 235 -9218 FAx 574 - 235 -9928 � �7� Re: Ordinance of the Common Council Appropriating Additional Monies within certain Enterprise Funds of the Civil City of South Bend Dear President Dieter: The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance #9957 -09 and #9992 -09), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. At present, the City has an outstanding debt obligation with Old National Bank, debt origination connected to the Century Center and its prior year's contract with Johnson Controls for energy conservation in the Century Center facility. The project was successfully concluded with desired results. The City desires to settle the outstanding Old National Bank debt obligation which upon settlement will save the city money in interest financing costs of the remaining debt obligation. The current debt service interest rate is 3.58% and exceeds the interest rate earned on existing Century Center related deposits and investments. The maturity date on the existing debt is January, 2013. Sufficient cash reserves exist at present within Century Center operations to affect this debt settlement without financial strain to ongoing Century Center operations. The Century Center Board of Managers approved the debt settlement action. I will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this bill at the convenience of Council. Regard tienta Gregg Da c c: Stephen J. Luecke, Mayor of the City of South Bend ` :;tl ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $157,000 FROM THE CENTURY CENTER FUND ( #670) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance #9957 -09 and #9992 -09), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2010 and set apart within the following designated funds for operational expenses as follows: Fund Amount Century Center ( #670) $15_ _ 7,000 TOTAL 157 0 0 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. Attest: City Clerk L- Lf Mem er of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2010, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2010, at o'clock JN[ayorCity of South Bend, Indiana COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 PHONE 574 - 235 -9216 FAX 574 -235 -9928 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER November 17, 2010 Mr. Derek Dieter..w President, South Bend Common Council 4 t Floor, County -City Building South Bend, IN 46601 Re: Ordinance of the Common Council Transferring Monies within Certain Property Tax Supported Funds Dear President Dieter: Due to possible delays in receipt of certain property tax revenue, it has become necessary to temporarily transfer monies from various funds within the City to depleted funds to meet current operational expenses. All funds from which temporary transfers are to be made have sufficient monies to accommodate the temporary transfers. In the event that a tax distribution is received prior to December 31, 2010, and sufficient to negate the deficit position, the temporary transfer of funds approved by this ordinance will be unnecessary and will not be actioned. I will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this Bill at the convenience of the Council. Regards, Gregg D i ntara cc: Ste n J. Luecke, Mayor of the City of South Bend lid Presented by me to the Mayor of the City of South Bend, Indiana, on the - day of , 2010, at o'clock . rn. Deputy City Clerk Approved and signed by me on the day of o'clock —. m. , 2010, at Mayor, City of South Bend, Indiana AP r,. �. 7 7 ,0 VTD. F,1:.F[kRED PASSED COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 November 17, 2010 TU PRACE� CITY OF SOUTH SEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER Mr. Derek Dieter President, South Bend Common Council 4«' Floor, County -City Building South Bend, IN 46601 PHONE 574- 235 -9216 FAX 574 - 235 -9928 Re: Ordinance of the Common Council Appropriating Additional Funds within the Civil City of South Bend Dear President Dieter: The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance #9956 -09 and #9993 -09) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. This spending appropriation bill includes the following: Fund $ Purpose 101General Fund 654,372.00 2 "d draw of energy conservation grant funds received from Fed September 2010. Monies to be spent on traffic signal optimization study and other energy projects. No net funds to be expended by city. 101General Fund 115,546.00 Reimburse police officers for "gasoline" cost deducted from officer paychecks from July 2008 to July 2010. No net funds expended by city. 101General Fund 15,555.00 Use remaining available DNR grant funds to purchase flash beacons, poles & solar panels for use at pedestrian crossings. No net funds expended by city. 226 Liability Insurance 442,128.00 New monies required to budget authorize already expended liability claim settlements. 258 Human Rights Grant 3,000.00 Pass through grant monies. No net funds expended by city. 288 EMS Capital 600,000.00 Federal Grant monies for the purchase of a new Quint fire department vehicle. Monies will be expended in fiscal 2011, however, appropriation required to enable issuance of PO and encumbrance of monies. Balance of monies ($295k) available in EMS Fund 288. 404 COiT 100,000.00 Design & installation of high efficiency heaters in the Potawatomi Conservatory replacing antiquated equipment. 404 COIT 3,900,000.00 Economic Development project, including $1.2 million project payment and $2.7 million interfund loan to UDAG Fund to repaid by UDAG to COIT Fund with maturity in 2015 5,300 000 E=conomic Development .__... 2 W 410 UDAG ! � p Project, including $2.7 million 1 interfund loan from COIT Fund to be repaid from UDAG Fund to COIi Fund with maturity in fiscal 2015 E i677 Hall of Fame Capital 137,804.00 Reimburse NFF for repairs & maintenance expense agreed Total to be paid 11 268,405.00 New monies expended are available within existing cash balances of specified funds within city operations and do not represent a drain on current financial operations of the city, I will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this bill at the convenience of Council. Regards' tetara Gregg D. �; 1\ cc: Stephen J. Luecke, Mayor of the City of South Bend ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 OF $785,473 FROM GENERAL FUND ( #101), $442,128 FROM LIABILITY INSURANCE FUND (#226),$3,000 FROM HUMAN RIGHTS GRANTS FUND (4258),$600,000 FROM EMS CAPITAL FUND (#288),$4,000,000 FROM COUNTY OPTION INCOME TAX FUND (#404),$5,300,000 FROM UDAG FUND ( #410), AND $137,804 FROM HALL OF FAME CAPITAL FUND ( #677) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance #9956 -09 and #9993 -09) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2010 and set apart within the following designated funds for expenditures as follows: Fund Amount General ( #101) $ 785,473' Liability Insurance ( #226) 442,128 Human Rights Grants ( #258) 3,000 EMS Capital ( #288) 600,000 County Option Income Tax ( 4404) 4,000,000 Urban Development Action Grant ( #410) 5,300,000 Hall of Fame Capital ( #677) 137,804 TOTAL 1". 268,405 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. 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 , 2010, at o'clock —. m. Deputy City Clerk Approved and signed by me on the — day of o'clock . m. , 2010, at Mayor, City of South Bend, Indiana JOHN krc.W ,-, MY CV'! S 0. 0 COUNTY CFTY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 November 17, 2010 SO U:, T11 N' - PEACE �4y :4� .r: CITY OF SOUTH BEND STEPHEN J. LUECKIE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER Mr. Derek Dieter President, South Bend Common Council 4`" Floor, County -City Building South Bend, IN 46601 PRONE 574 - 235 -9216 FAX 574-235-9928 Re: Ordinance of the Common Council for Budget Transfers of Various Departments within the Civil City of South Bend Dear President Dieter: Unforeseen conditions have developed since the initial adoption of the existing budgets approved by Common Council Spending Ordinances #9956 -09, #9957 -09, #9992 -09 and #9993 -09, which necessitate the increase and reduction of appropriations within various departments of the General Fund and other funds of the City of South Bend during 2010. Attached is a spending appropriation bill for this purpose with an attachment providing details to all of the increases and reductions. The attached schedule is incorporated into the bill itself and made a part thereof. The increases and reductions included herewith are expenditure neutral for the 2010 budget, with increases and reductions netting to a zero dollar appropriation. I will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. l am available to discuss any matters concerning this bill at the convenience of Council. Gregg D cc: Stephen J, Luecke, Mayor of the City of South Bend ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2010 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #9956 -09, 49957 -09, #9992 -09 and #9993 -09) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other fiends of the City of South Bend during 2010. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Y Council n i Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2010, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2010 at o'clock . m. ' Mayor, City of ZE , ..•..-S PASSED a pN G a m )Om V s 0 O pO 87 ppO qp vp S9 , p pO. p0 p0 p0 pv p O O�.S ., O O, O w ON L6 , �NhYv h�W IYI�IiYi�l�I.�l�1�I�IYIY �IY MFG V'N� N N r Nr Q�� p p N N N N M M pCI ppp00 OO V p�] N b:'a?.[QiO � b Us M NN N1�dl e1!]r a C Qi m Tv w 8 3 U } M1 O 'a >z VD a� a N a O 7 d °�'m— ��E� ma mm L m A ;� C 3 m @ � wr ma c Z � �� ILLM C m a Waa .2i m `� ate' N� �:n � c O w N m u �cc mI � m� m Wm a p0 p '''1L���popp Q d V m 00 C OV N N Mlq OvgO yd A �ca p N � � d� L �uE m � e Lp o q orn�cN N °9 o4 qm A � } "4Y q °r aC M o NN v Y mM Irn�ru o omgarnn = 92 R 2 030_ y E i o 3 0 V rC rL Z .�1. Y Y !042 Y q eVO p m W FLU I� ��� ! 0 u mwm`m U U 0 0 m co L m c � N U s 0 O pO 87 ppO qp vp S9 , p pO. p0 p0 p0 pv p O O�.S ., O O, O w ON L6 , �NhYv h�W IYI�IiYi�l�I.�l�1�I�IYIY �IY MFG V'N� N N r Nr Q�� p p N N N N M M pCI ppp00 OO V p�] N b:'a?.[QiO � b Us M NN N1�dl e1!]r a C Qi m Tv w 8 3 U } M1 O 'a >z p} U 19 m O 4: a w '� p W ii oo P m O p y O C P E -a vmc�Um�°mm m -7Fi mM m c an roc P[rp ro $� m$ m S� 'L"' O W ? l._ � m C fC m b m m P m b n C W - 4 U m 7 W E E £�rr� na m LLr°) RR ¢ m 2 L aL lO`o Ua w m D m frovma m 7, Dmc N4 ,i�`m� mT Lc m cm } tE m�Wm €L c 'MET a ? r o i �C i I�mmK u O � m w C roan m m p o cQi as °g��$ °v cio- c?c4ipg o° o�ggg$ g�$o °S- �oo��o° o °o oo °g � -��ig agg$ �g �, pp ppp po po pp o o ni m Q p pp pp pp d W .O m�p OOq -S OOS?o Dm �O �La]N"�1jFf� 536. mQ tlp�C1' Ofi}4 -SO�� O00 C ° N cqcrtl: O 1�F y` "' „J O ON lY -O O h+f] Nmm1q p P 00� la N pp Q a' c7 �`m ���JJJ t0 °i m 00 m m rn 7 co a°^ r r I f r i l i O a coo �� cmr��rbmmdir7 d�amm rm Mv�t�it�irvNmraMV N °57iMvrq U 7 gg 1i1 m m O cc�� 1iS Y1 1Ij m m k1 i{) to 4° la Y] N 11 h Yl [V N N r �� or�ppWW���syq�44`i' �p�4Y Y`iY ?V vavvvvcavvvvYr {' ��" aien�iw �� ��'N [[ii N $ oao 000ppoari000pp0 o a o '�"� quo � N ltl'lNNNN N NN N NN ��j m m 3 3 3 Y J J J pp .mJ A O O fl g ,.�Q- L A d a # C C C C C C C C 5 9 ❑bl, ❑❑ - �J�/JJJJJJJJJ...! co Sj p 'E 'E z a o x x° aW 2 Z c c m W m m aU ZrK�aRO'��i)r .°.� -°+.°a .°.a C'1 C7 t7 C7 C7 C9 C7 t'7 C7 (�C7 C7 L7 }' I' FF -F-t- lm -Himi d Of .� m :2 91 a `n r p 4 0 9 E m a m Q S w �: s b nO N ORDINANCE NO. AN ORDINANCE of the Common Council of the City of South Bend, Indiana, authorizing the issuance of its Recovery Zone Facility Revenue Bonds (Todd Center, LLC Project), Series 2010 in the amount of $31,750,000 WHEREAS, the South Bend Economic Development Commission (the "EDC ") of the City of South Bend, Indiana (the "City "), adopted a resolution on December _, 2010, regarding Todd Center, LLC, project (the "Resolution "), which Resolution has been transmitted hereto, finding that the financing of such economic development facilities of Todd Center, LLC (the "Borrower"), complies with the purposes and provisions of Indiana Code 36 -7 -11.9 and 12, and that such financing will be of benefit to the health and welfare of the City and its citizens; and WHEREAS, the EDC has approved and recommended the adoption of this form of Ordinance by the Common Council of the City (the "Council "), has considered the issue of adverse competitive effect and has approved the form of the Loan Agreement and the Indenture and has transmitted the same to the Council for approval; and WHEREAS, the Council adopted Resolution 4019 -10 on March 24, 2010 designating the City of South Bend as a recovery zone for the purposes of the American Recovery and Reinvestment Act of 2009 (the "Recovery Act "); and WHEREAS, St. Joseph County, Indiana, and the Indiana Finance Authority have allocated a combined total of $31,750,000 of Recovery Zone Facility Bond authority to the City to be issued on behalf of the Borrower to fund the acquisition, renovation and equipping of the Chase Tower consisting of (1) the development of the Anvic Senior Care and Rehabilitation Center in a portion of the Tower currently used as a hotel which will offer assisted living care, adult day care, memory care and clinical, rehabilitation, and wellness services; (2) the renovation and conversion of the balance of the Tower currently used as a hotel into a higher scale hotel; (3) the renovation of the office portion of the Tower; and (4) the renovation of the exterior of the Chase Tower and related parking facilities within the Tower (collectively, the "Project ");. and WHEREAS, the Project is expected to create opportunities for gainful employment in the City; now therefore BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA THAT: Section 1. It is hereby found that the financing of the economic development facilities referred to in the Loan Agreement and Trust Indenture approved by the EDC and presented to the Council, the issuance and sale of the City's Recovery Zone Facility Bond (Todd Center, LLC Project), Series 2010 (the "Bonds "), the use of the proceeds of the Bonds by the Borrower to finance the Project, the payment of the Bonds by the Borrower under the Loan Agreement, and the securing of said Bonds under the Loan Agreement and Trust Indenture complies with the purposes and provisions of Indiana Code 36 -7 -11.9 and 12, and will be of benefit to the health and welfare of the City and its citizens. Section 2. The proceeds of the Bonds will be used for the financing of the Project to be located on the northwest corner of Washington Street and Main Street, at 211 West Washington Street, South Bend, Indiana. Section 3. At the public hearing held before the EDC, the EDC considered whether the Project would have an adverse competitive effect on any similar facilities located in or near the City, and subsequently found, based on special findings of fact set forth in the Resolution transmitted hereto, that the Project would not have an adverse competitive effect. The Council hereby confirms the findings set forth in the EDC's Resolution, and concludes that the Project will not have an adverse competitive effect on any other similar facilities in or near the City, and the facilities will be of benefit to the health and welfare of the citizens of the City. Section 4. The Loan Agreement and Trust Indenture in substantially final form approved by the EDC are hereby approved (herein collectively referred to as the "Financing Agreement" referred to in Indiana Code 36 -7 -11.9 and 12), and the Financing Agreement shall be incorporated herein by reference and shall be inserted in the minutes of the Council and kept on file by the City CIerk. In accordance with the provisions of Indiana Code 36- 1 -5 -4, two (2) copies of the Financing Agreement are on file in the office of the City Clerk for public inspection. Section 5. The City shall issue its Bonds in the total principal amount of $31,750,000 and maturing no later than January 1, 2045. Said Bonds are to be issued for the purpose of procuring funds to pay the costs of the Project, as more particularly set out in the Financing Agreement, which Bonds will be payable as to principal, premium, if any, and interest in accordance with the Financing Agreement. The Bonds shall be issued in fully registered form and shall be redeemable as provided in the Financing Agreement. Payments of principal of and interest on the Bonds are payable in lawful money of the United States of America by check or draft mailed or delivered to the registered owners thereof as provided in the Financing Agreement. The Bonds shall not constitute a debt of the City or of the State of Indiana (the "State ") within the meaning of any provisions of the Constitution or statutes of the State or a pledge of the faith and credit of the City or of the State or grant to the owners thereof any right to have the City or the General Assembly levy any taxes or appropriate any funds for the payment of the principal thereof or interest thereon. Section 6. The Mayor and the City Clerk are authorized and directed to approve the sale of the Bonds to the purchaser thereof ( "Purchaser ") at the price of not less than $31,273,750 equal to the principal amount of $31,750,000 less the discount of not to exceed $476,250. The Bonds shall mature on the dates and bear interest at rates set forth in the Bond Purchase Agreement, the substantially final form of which has been submitted to the Council and is hereby approved. The Mayor is hereby authorized and directed to execute the completed Bond Purchase Agreement following the sale of the Bonds. Section 7. The Mayor and the City Clerk are authorized and directed to execute, attest, affix or imprint by any means the City seal to the Financing Agreement approved herein on behalf of the City and any other document or certificate which may be necessary or desirable prior to, on or after the date hereof to consummate or facilitate the transaction, including the Bonds authorized herein. The Mayor and the City Clerk are hereby expressly authorized to approve any modifications or additions to the Financing Agreement which take place after the date of this Ordinance with the review and advice of counsel to the City; it being the express understanding of the Council that said Financing Agreement is in substantially final form as of the date of this Ordinance. The approval of said modifications or additions shall be conclusively evidenced by the execution and attestation thereof and the affixing of the seal thereto or the imprinting of the seal thereon; provided, however, that no such modification or addition shall change the maximum principal amount or term of the Bonds as approved by the Council. The signatures of the Mayor and City Clerk on the Bonds may be either manual or facsimile signatures. The City Clerk is authorized to arrange for delivery of such Bonds to the Purchaser, and the Purchaser will make such payment for the Bonds available to the Borrower as provided in the Financing Agreement. The Bonds shall be originally dated the date of delivery. Section & The provisions of this Ordinance and the Financing Agreement securing the Bonds shall constitute a contract between the City, the Purchaser and the Borrower, and after the issuance of said Bonds, this Ordinance shall not be repealed or amended in any respect which would adversely affect the rights of such holders so long as said Bonds or said interest thereon remains unpaid. Section 9, This Ordinance shall be in full force and effect from and after its passage. Adopted this 13th day of December, 2010. (SEAL) Attest: City Clerk r FE COMMON COUNCIL OF THE CITY OF SOUTH BEND t, Q. President 1j. Area Plan Commission of Ste Joseph County 1140 County -City Building South Bend, Indiana 46607 John W. Byorni Larry P. Ma iiozzi Executive Director Assistant Director Phone 574 235 -9571 www.stiosephcountyindiana .corn /areaplan Fax 574 235 -9813 November I7, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: An Area Plan Commission Initiated Petition on behalf of the South Bend Redevelopment Commission, to zone from GI General Industrial District, to PUD Planned Unit Development District, to be know as Ignition Park PUD, property located at the southeast quadrant of Sample Street and Prairie Avenue, City of South Bend. - APC# 2568 -10 Dear Council Members. I hereby Certify that the above referenced ordinance of the Area Plan Commission on behalf of the South Bend Redevelopment Commission was legally advertised on Thursday, November 4,20 10 and that the Area Plan Commission at its public hearing on Tuesday, November 16, 2010 took the following action: Upon a motion by Gerry Phipps, being seconded by Richard Warner and unanimously carried, the Area Plan Commission Initiated Petition on behalf of the South Bend Redevelopment Commission, to zone from GI General Industrial District, to PUD Planned Unit Development District, to be know as Ignition Park PUD, property located at the southeast quadrant of Sample Street and Prairie Avenue, City of South Bend. is sent to the Common Council with a favorable recommendation. The South Bend Comprehensive Plan, City Plan, identifies the establishment of a research park as one of the action steps under Strategy #1. In conjunction with Notre Dame's Innovation Park, Ignition Park provides a well - designed development facility in the attraction of new businesses to the city, and provide the means to retain and attract young, skilled professionals to the community. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common CounciI's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, I' Ted hi c[cmrk'aq ffl -ce W. Byorni JWB:jsc NOV 1 7 200 Attachment JOHN YooAll$ CITY CEW, SO. Bt;tp, Ili, CC: City of South Bend - South Bend Redevelopment Commission Geri Hathaway Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, fndiana Staff Report (Revised StaL Repoij -- 11110110} APC # 2568 -10 Owner: City of South Bend - South Bend Redevelopment Commission Location: the southeast quadrant of Sample Street and Prairie Avenue. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from GI General Industrial District to PUD Planned Unit Development District to be known as "Ignition Park PUD ". The proposed rezoning is intended to provide for the development of a high tech industrial park to be known as Ignition Park„ a launching pad for technological innovation. Ignition Park, in combination with Innovation Park, creates a two -site, single, State Certified Technology Park within the City of South Bend. It is anticipated that development within Ignition Park may include, but not be limited to: research and development facilities; education; office; prototyping facilities; and, support uses.. Land Uses and Zoning: On site: The site is partially vacant. Remaining buildings are in the process of being demolished. North: To the north is the St. Joseph County Jail, the City of South Bend Municipal Garage, and the United Beverage facility, all zoned GI General Industrial District. East: To the east is the new Transpo building zoned GI General Industrial District. To the east across Lafayette Blvd. is a three tenant office building and the Hydraulic & Steam Equipment Company, zoned GI General Industrial District. South: To the south across Cotter Street is Ferguson Enterprises and the Martin's Supermarket corporate office, zoned GI General Industrial District. To the south across the railroad tracks are single family homes zoned SF2 Single Family and Two Family District. West: To the west across .Prairie Ave. are Ideal Corporation, Midwest Sales, and Wertz Supply, all zoned GI General Industrial District. District rises and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design, and construction, and f ethers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site plan description: (Revised Staff Report Section — 11/10/10) The typical site plan generally filed with a PUD, is instead, being described through Exhibit "B" Ignition Park PUD Zoning Ordinance Preliminary Plan. This narrative plan describes what is expected to happen as Ignition Park develops. The narrative plan covers uses, setbacks, building heights, landscaping, and all the other development elements associated with the site. It also contains some drawings for clarification and guidance. Secondary approvals will .require site plans that fully meet the intent and specific development standards of the narrative plan. City of South Bend - South Bend Redevelopment Commission #2568 -10 Page 1 of 1 Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: The South Bend Comprehensive Plan, City Plan, identifies the establishment of research park as one of the action steps under Strategy # 1. In conjunction with Notre Dame's innovation Park, Ignition Park provides a well- designed development facility in the attraction of new businesses to the city, and provide the means to retain and attract young, skilled professionals to the community. City of South Bend - South Bend Redevelopment Commission #2568 -10 Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 84 ACRES LOCATED AT THE SOUTHEAST QUADRANT OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the rezoning of approximately 84 acres located in the City of South Bend, Portage Township, St. Joseph County, Indiana, has been filed by the City of South Bend by its Redevelopment Commission for lands owned by the City of South Bend, to provide for a mixed -use PUD District to be known as "Ignition Park PUD ", 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: That part of the Northeast Quarter of Section I4 and the Northwest Quarter of Section 13, both in Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the intersection of the Centerline of Prairie Avenue with the Centerline of Sample Street; thence East along said Centerline of Sample Street and the North line of said Northwest and Northeast Quarter Sections a distance of 1,946.0 feet more or less to a point of intersection of the Centerline of Sample Street with the Centerline of the first North - South 14 -foot wide Public Alley East of Franklin Street extended North; thence South along said Public Alley Centerline a distance of 287.0 feet more or less to a point of intersection with the Centerline of the first East -West 14 -foot wide Alley South of Sample Street; thence East along said Centerline a distance of 213.25 feet more or Iess to the Centerline of Lafayette Boulevard; thence South along said Centerline a distance of 312.25 feet more or less to the Centerline of Garst Street; thence West along said Centerline a distance of 410.25 feet more or less to the Centerline of Franklin Street; thence South along said Centerline a distance of 687.32 feet more or less to the South line of Stull Street and the North line of Lot # 2 of the Plat of "Transpo Minor Subdivision" recorded by Document No. 0921540 in the records of the St. Joseph County, Indiana Recorder's Office; thence along the North line of said Lot # 2, S. 89 °- 21' -27" W. a distance of 400.84 feet more or less to the Northwest corner of said Lot # 2; thence S. 00 °- 19' -00" E. along the West line of said Lot # 2 and its Southerly extension a distance of 1,020.34 feet more or less to the North line of Right -of -way for the Penn Central Railroad formerly known as the Terre Haute & Logansport Railroad and as shown on said "Transpo Minor Subdivision" Plat; thence Northwesterly and Westerly along said North line a distance of 1,072.22 feet more or less to the Centerline of Kendall Street; thence North along said Centerline a distance of 660.0 feet more or less to the point of intersection with the Centerline of Cotter Street; thence West along the Centerline of Cotter Street a distance of . 893.0 feet more or less to the Centerline of Prairie Avenue; thence along the Centerline of Prairie Avenue for the next Two (2) Courses, N. 28 °- 18' -01" E. a distance of 1,230.0 feet more or less and N. 00 °- 03' -53" W. a distance of 463.0 feet more thence North along said Centerline a distance of 660.0 feet more or less to the point of intersection with the Centerline of Cotter Street; thence West along the Centerline of Cotter Street a distance of 893.0 feet more or less to the Centerline of Prairie Avenue; thence along the Centerline of Prairie Avenue for the next Two (2) Courses, N. 28 °- 18'-01" E. a distance of 1,230.0 feet more or less and N. 00 °- 03' -53" W. a distance of 463.0 feet more or less to the point of beginning. Containing 87.15 Acres more or less. Subject to all legal highways, easements and restrictions of record. be and the same is hereby established as a PUD — Planned Unit Development to be known as the "Ignition Park PUD" to be regulated according to the "Ignition Park PUD Zoning Ordinance" attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20� at o'clock m. Deputy City Clerk Approved and signed by me on the day of-------, 20____,, at o'clock 1st READING L1) —` PUBLIC HEARING 3 rd READ :NG NOT APPROVM. REF RED PASSED,, Mayor, City of South Bend, Indiana OCT office 00 JOHN VOORDE PETITION PREPARED BY: John Byorni, Executive Director St. Joseph County Area Plan Commission 1140 County -City Building 227 West Jefferson Boulevard South Bend Indiana 46601 (574) 235 -9571 JBYORNI@co.st-joseph.in.us ADDITIONAL CONTACT PERSON: Geri Hathaway, Director Ignition Park c/o Innovation Park at Notre Dame 1400 E. Angela Boulevard South Bend, Indiana 46617 (574) 261 -3184 geri @hathaway2.com 6 2010 � as•sid JDCR�E CITY CLUtK.. L-- �L'�v � �) - �� 5-) RESOLUTION NO. f ! +: f WHEREAS, Indiana Code Section 36- 74- 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 Hoard of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests, pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. INDIANA OF s s E ION f. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 4611 S Burnett Drive South Bend, In. 46614 In order to permit: Use of the property as an Indoor firing range and training facility. Additional uses are a gun shop, work out and self defense training facility along with extremely limited ammunition reloading for the facility. Variance: Special exception use for a recreational shooting range and training facility. SEC'*IOIV 16. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. �EC`I1Q1W Ill. The Common Council of the City of South Bend, Indiana, hereby finds that: 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 City of South Rend Comprehensive Plan; §i`Qr1QN V. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. 51=CTi ®N ®N V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Major. J\�O'r AF;Y,, Member of the Common Council J u Vide ell R, -a R4 i1 2 2�f'� Pe- tition for special use variance: Variance: Special exception use for a recreational shooting range and training facility and a variance from the required hard surface parking to gravel for an existing parking lot. Current Owner: Horizon Bank Proposed Owner: LLC to be named wholly owned by Dr. Lisa Christy. 4069 East Shore Drive Bremen, In. 46506 Address of Property: 4611 S Burnett Drive South Bend, In. 46614 Presented by: Michael A. Zimmerman P.O. Box 228 Bremen, In. 46506 574- 546 -2382 Zoning Classification: GI —General Industrial Actions to be conducted on site: 1. Standard shooting range using only lead free frangible ammunition 2. Tactical shooting range using only lead free frangible ammunition 3. Shooting house using only lead free frangible ammunition 4. Small gun shop 5. Workout facility 6. Martial arts /self defense training area. 7. Meeting room offered for free to clubs, organizations and law enforcement for shooting and outdoor related purposes. 8. Small reloading area for reloading ammunition for this facility. Constitutes only 386 sq. ft. of an approx. 12,000 sq. ft. facility. Only small amounts of powder and primers will be kept on site and will be kept in separate fire proof cabinets in accordance with OSHA standards. Unique Facility: This facility is the only public indoor shooting range in the region if not in the country to offer the following: 1. Use of metal knockdown and pneumatic /mechanized target systems. 2. Fully lead free facility using only lead free frangible ammunition. 3. Indoor shooting house open to both the public and law enforcement. 4. Workout facility for full service training. 5. Ability to train with draw and fire and tactical reload techniques. Allowed on the Tactical range only. 6. Facility is open to the public and also offers memberships. 7. Provides a place for law enforcement to train in doors. Tactical range offers the ability to simulate different lighting situations along with sound and light effects simulating police lights and sirens. 8. Range is handicap accessible. 9. Offer classes for self defense and firearm training. 10. Qualified off duty police will be utilized as range officers to take the public through the shooting house. The officer will receive half the hourly fee. Security: A full service third party security system will be utilized such as ADT. All firearms will be lock_ ed in safes during non operation hours until additional security measure can be put in place to insure safe storage of firearms. All ranges will be monitored by surveillance cameras at all times. Video feed will be viewed by the front desk personnel as well as support staff in offices. Lead Free Facility: This facility uses only lead free frangible ammunition. The ammunition is frangible which means it turns into dust whenever it hits anything as hard as itself. This prevents the possibility of ricochets. The bullet is made up of a copper /tin composite dust. No lead is used anywhere in the facility. No regular ammunition is allowed to be used in the facility. Strict penalties are in place to insure compliance. STANDARDS FOR SPECIAL EXPCEPTIONS I.C. 36 -7 -4 -918.4 as listed below: I. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Answer: This range will be constructed to NRA specs for high powered Full Metal Jacket ammunition. However, only LEAD FREE FRANGIBLE ammunition will be used in this facility. Since this is a lead free facility there will not be any issues with lead on employees, customers, or in the air vented to the outside. The lead free frangible ammunition is a copper /tin dust composite. The lead free frangible ammunition disintegrates into dust whenever it comes in contact with anything as hard as itself. Therefore, ricochets are not an issue and since the range is built to handle high powered rifle rounds there is not possibility of a round escaping the range. All efforts will be made to minimize any noise both inside the range and the outside. The inside will have sound deadening materials such as vulcanized rubber, carpet and ceiling tiles on the walls and ceiling to deaden noise. The inside of the overall facility will also have additional insulation and if needed the outside of the block range on the inside of the building will have additional sound deadening materials placed on it. if. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Answer: This facility will be very unique as no other facility of this kind is known to exist which is available to the public. This facility will provide a greatly needed training facility for not only the public but for area law enforcement agencies. In addition, the facility will promote classes and instruction in the safe handling and storage of firearms. The facility will draw customers from all across the region as this facility is the only one of its kind, As a result the property values will increase and give area businesses the opportunity to do business with additional customers. iii. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and Answer: The facility is located in an industrial park. iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan, Answer: This unique facility is promoting public safety and wellness both by direct training and by providing an additional training arena for local law enforcement. The facility will draw thousands of people from both the immediate area and from the region to the 5outhside of South Bend bringing additional ancillary revenue to the area. Parking: The original use of the facility was a warehouse for a local homebuilder. Therefore the site plan only included 15 spaces. The facility sits on 1.28 acres and has ample room for additional parking. Room will be provided for at least 29 spaces of parking at the facility. Signed: Date: 10 -12 -10 Represent Kodiak Gun & Firing Range Mission Statement: To promote the shooting sports by providing a safe and cost effective facility where law enforcement and individuals alike can learn to shoot and train safely. Overview: Ranges: The facility will provide three different types of ranges: (see ranges tab for detailed info) 1. Public Range — Handgun Only 2. Tactical Range — Handgun, rifle, shotgun 3. Shooting House — Handgun All three ranges will utilize metal targets and only permit lead free non frangible ammunition. Frangible ammunition turns to dust whenever it comes in contact with anything as hard as itself. Niche Market. This facility is unique. Most public ranges only offer the shooter the ability to shoot at a paper target. This facility allows shooters a wide range of metal knockdown and moving targets. In addition; the shooting house facility is the only known indoor facility open to the general public in the United States at this time. Facilities of this type are either government /military owned or offered by private clubs. Law enforcement facilities of this type are very rare. A poll of the police departments in northern Indiana indicate they either have no facility to shoot at or limited and none of them have access to indoor shooting houses or tactical ranges. In addition, the tactical range allows for draw and fire and tactical reloading. USPSA and IPSO matches as well as cowboy shooting tournaments are becoming very popular. There are no public ranges where these shooters can train. They must join private clubs which are typically outdoor ranges. Our facility allows year round comfortable shooting environment. Another unique ability for the gun store is the ability for gun buyers to test fire used firearms before deciding to purchase (for a small fee of course). Most buyers have to purchase a firearm or shoot someone else's to see if they like it or purchase the firearm' and hope they like it. If the gun store has a used firearm similar to the new firearm they are considering purchasing then the gun buyer may try out the used model first. clientele: 1. Law Enforcement 2. Average shooter 3. Tournament shooters. Additional Services: In addition to the ranges Kodiak will also offer guns for sale as well as shooting accessories. For members there will also be a limited workout facility and martial arts /defense workout area. Classes will be offered in self defense. Ammunition Availability: Frangible ammunition will be available for purchase from Kodiak. Kodiak is contracting with Precision Cartridge in NW Indiana to supply lead free ammunition. Precision Cartridge is one of only two commercial ammunition manufacturers in Indiana. Precision provides the ammunition for many law enforcement and public ranges. They manufacture a complete line of frangible lead free ammunition. They have the capacity to supply all the ammunition needs for Kodiak. In addition, some frangible ammunition will be supplied by Kodiak Armory. Reloading supplies will be available for purchase. Most specifically a complete line of frangible bullets for those who wish to reload on their own. Memberships: Memberships will be offered to the following: (see membership tab for details) 1. Individuals 2. Families 3. Law Enforcement 4. Corporations 5. Clubs EPA Regulations: The frangible ammunition is a composite of copper /tin alloy dust. It is totally lead free. As a result this facility is not subject to the lead problems suffered by other indoor ranges. The only requirement is there be a slight negative airflow which is vented to the outside. This is to keep the smoke and dust away from the shooter. The EPA will eventually mandate all indoor ranges use frangible ammunition because of the lead contamination factors. In anticipation of this more and more ammunition manufacturers are coming out with lines of lead free frangible ammunition. Fees: Research was completed compiling the cost of ranges around the country. Public Range: The public range is priced at $10 per hour plus $5 per extra person; maximum of 3 people per lane. Tactical Range: The Tactical Range is priced at $20 per hour plus $10 per extra person; maximum of 3 people per lane. Shooting Houses: Since there are no shooting houses open to the public the price was determined by reasonable fees for time. The public non - members will be charged $100 /hr with a maximum of four people ($25 /person) plus ammunition. Members will be charged $50 /per hour maximum of 4 people. Off duty LEA's will be trained to take the shooters through the shooting houses. They will receive 50% of the hourly fee for this service. LEA's will be charged $50 per hour per four officers. A range officer is not required for law enforcement personnel to use the shoot house. Ammunition: Ammunition will be priced at 1090 over cost. Frangible ammunition is slightly more expensive than lead ammunition and Kodiak wishes to promote the shooting sports and full use of the facility by as many people as possible. Law enforcement will also save on the federal excise tax which is currently 11 %. Firearms: Firearms will be priced at 20% over cost. Shooting Accessories: All other items will have appropriate mark -ups. Classes: Martial arts classes will be priced accordingly. Glass space for LEO's who wish to bring in people and hold a safety class will not be charged for the class space but will pay for the range usage and ammunition. The range usage fee will be discounted. A free class will be given to anyone who buys a membership, a firearm or just asks for one. This basic class covers all safety aspects of gun handling both in general and with their specific firearm. Advanced training classes will be offered by qualified instructors for those wishing to learn advanced firearm training. These classes will be at a cost to be determined by the instructors. \| w \� - \� \! \ I j. { o"! rj reels Countv Parcels 023 -1043- 5 3004 UPDIKE DEVELOPM ENT LLC 3333 Independenc a Or lFortWayne IN MAILINGAD MAI SWIGGARD PROP ADD 4622 PROP S PROP—ZIP Rec PARCELID NAME_1 D MAILINGCIT LIN MAILINGZIP R PROP—CITY TATE 114619 023 -1043- BEVERAGE 1400 N Wolf 1 BURNETT GS S INC Rd, Ste A Melrose Park IL 60164 DR South Bend IN 46614 TEPE ELMER H AND ROY 023 -1043- D /B /A ELRO 1 300602 COMPANY P O Box 90 South Bend IN 46624 KLC VAC LAND - 023 -1043- ENTERPRIS 4520 S BURNETT 2 300601 ES, LLC Burnett Dr South Bend IN 46614 OR South Bend IN 46614 4550 023 - 1043 - KROLZICK 14550S BURNETT 3 3012 FRED H Burnett Dr South Bend IN 46614 DR South Bend IN 46614 DAVIS TRAUB 4525S 023 -1043- REAL 4526S BURNETT 413013 ESTATE LLC Burnett Or South Bend IN 46614 DR South Bend IN 46614. 023 -1043- 5 3004 UPDIKE DEVELOPM ENT LLC 3333 Independenc a Or lFortWayne IN 902 W 46806 1REL4ND South Bend IN 46614 SWIGGARD 4622 023 -1043- WATTS 4622 Burnett BURNETT 6 3010 JAMES A Or South South Bend IN 46614 DR SOUTH South Bend IN 46614 SELECT 114619 023 -1043- BEVERAGE 1400 N Wolf 1 BURNETT 7 3008 S INC Rd, Ste A Melrose Park IL 60164 DR South Bend IN 46614 3007 HOOSIER 1Dr ISouth Bend IIN 1 46614 DR 114114 S South Bend IIN 46614 023 -1043- SPRING CO 4604 Burnett BURNETT 300901 . S L C 14 11-akeville IIN 46536 114616S BURNETT South Bend JIN 1 46614 023 -1043- PROPERTIE 23475 St Rd 10 1023-1043- 3009 LANG /ROSE 63607 Pine TTO INC Rd North Liberty IN BURNETT 465,554 DR, South Bend IN 46614 SWIGGARD 4626 023 -1043- PROPERTIE 931 Seaco BURNETT 11 3014 S LLC Ct Deer Park TX 77536 DR South Bend IN 46614 VAC LAND - 023 -1043- HORIZON 502 Franklin ISq BURNETT 1213015 BANK NA Michigan City IN 46360 DR South Bend IN 46614 7731 :.." 1. 2 .J I -_r V! 9 n' . . . . . . . . . . n, aUa _Affi I VS! A tt Ii x113 i. .... . . . . . . . . . . . . Ii x113 i. 1 i I I � d` f 1 8 t I� 1 �- tw r� ray 1 1 -- - - -_ »- - - -- -- -- ----------- I tr► �...`- I 1 - i 1�I1 1 � 10 I � t i C � 4 tilt- 1 {rv) I s 1 � I Q a a . �fi pro' n4 0 Cpw fl Fr 217' J - -- � ! t f - -- W G �5 11� �Nr I Ox g n 'I - - -- — -------------- - - - - -- -- - P 16' fRK s� 6 TO sss sasses— a i Ti •6' d z,/, � s'�m��j��Q �_¢�a F � a -� HUI � ?� ^�" �•' ° 8� � g v R_Ha fob- ,�G" � ��"� _ �' `� ,., fp ' Nl.p� �8� Saow pgff4ii'A -! Pp EL a Lax � o � n - --- - - - - -- - - - - -- W G Ox 1 n m�� �i p, W . uti,- a 1+ WI N�II 9EC��nQ��$ S:A Y f��w y o � H. ti b V rq �V �+La�ay^ z.a rt ,% o�x?In xro mY° i ff L L r q111. � gT D 1 I _ a n a 2 - .1 •6' d z,/, � s'�m��j��Q �_¢�a F � a -� HUI � ?� ^�" �•' ° 8� � g v R_Ha fob- ,�G" � ��"� _ �' `� ,., fp ' Nl.p� �8� Saow pgff4ii'A -! Pp EL a Lax � o � n Ox 1 n m�� �i Y y o � ti b V •6' d z,/, � s'�m��j��Q �_¢�a F � a -� HUI � ?� ^�" �•' ° 8� � g v R_Ha fob- ,�G" � ��"� _ �' `� ,., fp ' Nl.p� �8� Saow pgff4ii'A -! Pp EL a Lax � o � n o- 0 ! r 4 rl MI mnz�QmmF ZC�i "a u�i� IM F' LA Gxs Cns4 �• R9 w,g a^L�smm - w�AT ! a 036 - a'octi�3 r-i - z mnn p� ��o °i� rFi —s°L, m w �a Fg v F2 o Q o m ^om _°� O�pYN"- ; ? msn a gv. ��"� GN'�C8�J log ao� m n N� O� -•n �m� r 00 '�os � k m Z3 Z 6 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 Fes: (574) 235 -5541 November 4, 2010 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 Dr. Lisa Christy ABZA 11 /3/10 Dear Council Members: The above referenced petition of Dr. Lisa Christy was legally advertised on October 24, 2010. The Area Board of Zoning Appeals gave it a public hearing on November 3, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for a recreational shooting range and training facility, on property located at 4611 S. Burnett Drive, is sent to the South Bend 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. Sincerer, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah DR. I-ISA CHRISTV SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply 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: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding. proper-ties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPR.E'HENSJVE PLAAr BECAUSE: It is the feeling of the Board that the variance is blending; into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORA33LE RECOMMENDATION ADOPTED this 3rd Day of November, 2010. YES NO 0 MICHAEL URBANSKI RANDALL MATTHYS Q JACK YOUNG M GERALD PHIPPS 0 ROBERT HAWLEY Q JOE VELLEMAN Area Plana Commission of St. Joseph 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 25, 2010 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: City Council Attn: Janice 4`I' Floor County City Building South Bend, IN 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesda y, November 3 2010. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and 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. I. The petition of Basil Pappas for property owned by Arturo DiRosa (d/b /a Tammy Properties, L.L.C.). The Staff recommends denial of the requested variance from the required parking screening for the south parking lot along Princess Way. The intent of the landscaping regulations include mitigating incompatibilities between adjacent land uses, reducing the negative impacts of higher intensity land uses on less intense adjacent land uses, providing a critical visual and noise buffering effect between higher intensity districts and less intense districts, and Lessen in the impact of development on the environment by reducing glare and heat build up. Providing a compact row of shrubs or hedge plants along the existing parking lot will create visual separation and buffer between the large parking area and the public right -of -way and the higher intensity zoned properties to the east. The County Engineer will allow for such a hedgerow to be planted immediately adjacent to the edge of the parking area (within the right-of-way) since there is only a 6 -inch separation between the edge of the parking lot pavement and the right -of -way. A minimum 10 -foot clear area must be maintained between the edge of pavement along Princess Way and any obstruction including landscaping within the right -of -way. Such a clear area can be maintained since the right-of-way line is located approximately 20 feet from the edge of pavement of Princess Way. 9 :1 Boards of Zoning ,QppeakUrea Board of Zoning Appeals1.20101(111 November. doc Serving South. Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Upon our site investigation, it was discovered that the current parking lot is paved but is unmarked. Identifying parking spaces with painted lines, raised curbs or other means to indicate individual spaces is a requirement of the zoning ordinance. Marking the lot with the 86 parking spaces as shown on the site plan will eliminate any confusion motorists currently have regarding traffic flow and where to park. Eliminating possible motorist confusion will ensure that the parking lot is being used to its greatest potential and as designed. 3. The petition of Communitywide Federal Credit Union. (405 Ireland Road) The staff recommends denial of the sign variance for an increase in the allowable maximum square footage from 100 square foot to 126.27 square foot. As part of the 2004 update of the City of South Bend Zoning Ordinance, the sign ordinance was significantly revised. The intent of the sign ordinance is to eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizin the possible adverse effects of signs on nearby public and private property. Variances for increased size and number of signs undermine the intent of the sign ordinance, and any such request should have a clear relationship to unique site conditions beyond the petitioner's control. It is our opinion that the 100 square foot minimum, as established by the ordinance, can accommodate the petitioner's needs. There are no on -site conditions such as topography, trees, signs, or other obstructions that is driving the need for a larger sign. 4. The petition of Communitywide Federal Credit Union. (52330 State Road 933) The agenda incorrectly identifies the property zoned as "C" Commercial District, when it is zoned to the "O" Office District. The maximum permitted size for an on- premise freestanding sign in the "O" Office District is 48 square feet and not 64 square feet as indicated in the petition. In 2006, the petitioner's property was rezoned from the "C" Commercial and "R" Single Family Residential Districts to the "O" Office District to alipw the existing financial institution. The "O" Office District was recommended in order to restrict the size and intensity of commercial uses extending into the single - family residential area to the east. However, along with lower intensity land uses and a maximum 8,000 square foot building size, this district also restricts the size for on- premise freestanding signs. This site is located along State Road 933 between Brick Road and Cleveland Road, where all of the properties except the petitioner's property, are zoned "C" Commercial. The "C" Commercial District allows the maximum display area of identification signs to be two square feet per each linear foot of lot frontage. Applying this standard to the petitioner's site would permit an on -site identification sign with a maximum display area of 353 square feet. Since the sign will be oriented towards State Road 933, the staff recommends approval of the requested variance. The proposed sign would not be out of character with any other existing or permitted sign on any adjacent property located along State Road 933. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; E. IBoardc of Zoning AppeakWrea Board of Zoning Appeals 12010i f11] November.doc (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. 6. The petition of Dr. Lisa Christy. The staff recommends that the Special Exception for a recreational shooting range and training facility be sent to the City of South Bend Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed indoor facility will be constructed to specifications for high - powered ammunition even though only low impact lead free frangible ammunition will be allowed. A block range, in which all shooting will occur, will be constructed within the existing structure. This block range will be lined with materials to reduce noise. The use of lead free ammunition will also deter potential environmental contamination, which is often associated with traditional shooting ranges that have no restrictions on the use of lead -based ammunition. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use is located within the Burnette Industrial Park, which is bordered by the Erskine Commons retail center to the east, vacant industrial property to the north across Ireland Road, the Buckeye refined petroleum product terminal to the west, and the U.S. 31 bypass and vacant land zoned industrial to the south. The nearest residential zoned property is located approximately a quarter mile to the south of the proposed facility across the bypass. Due to the industrial nature of the area and lack of nearby residential uses, the proposed use is not anticipated to affect the use or values of the adjacent properties. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. As previously mentioned, the proposed facility will be located within an existing industrial park. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Ci Plan South Bend Indiana (November 2006): The future land use map identifies this area as heavy industrial. The staff recommends denial of the variance request from the required hard - surface parking to gravel for an existing parking lot. All other parking lots within the Burnett Industrial Park are paved. Requiring a paved and lined parking area will reduce dust pollution and provide a parking area that can be used to the fullest potential. Sincerel .uL Derek Spier, AICP Planner E. §Boards of Zoning AppealsWrea Board of Zoning Appealsl20lO4 fll j November. doe