Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
01-10-11 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, JANUARY 10, 2011 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7:00 P.M. 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: ATT_T_ rill 85 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $276, 780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 86 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES I AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES 87--10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES 88 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO 10044 -10, WHICH FIXED MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2011, TO APPROVE TEAMSTER EMPLOYEE WAGES FOR 2012 AND 2013 89 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 18, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED STREETS AND SIDEWALKS REQUIRING THE REMOVAL OF SNOW AND ICE AND AMENDING SECTION 2 -213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 8. BILLS, THIRD READING 10-16 6-mz1ol l TIME: 85 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $276, 780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 86 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES 87 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES 88 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO 10044 -10, WHICH FIXED MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2011, TO APPROVE TEAMSTER EMPLOYEE WAGES FOR 2012 AND 2013 89 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 18, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED STREETS AND SIDEWALKS REQUIRING THE REMOVAL OF SNOW AND ICE AND AMENDING SECTION 2 -213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 9. RESOLUTIONS BILL NO. 11 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6879 ENTERPRISE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR G.H.S. CORPORATION D /B /A GHS STRINGS 11 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3849 SHOWERLUX DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR SBG REALTY, LLC 10. BILLS, FIRST READING RTT.T, Nn- 01-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1, BASIC PROVISIONS, SECTION 21 -01.03 NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, TO ADD A NEW SECTION TO PROVIDE FOR CERTIFICATION OF LEGAL NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS 02 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO MAKE CORRECTIONS IN ORDINANCE NO. 10037 -10 03 -11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5032 MIAMI ST., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT FIVE (5) IN THE CITY OF SOUTH BEND, INDIANA 04 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $60,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND ( #227) IN 2011 FOR THE CLOSURE AND REMOVAL OF TWO UNDERGROUND STORAGE TANKS AT CENTURY CENTER AND FOR FREDERICKSON PARK REMEDIATION 05 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $995,423 WITHIN PROFESSIONAL SPORTS DEVELOPMENT FUND ( #377) 11. UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 68--10 - REZONING - 7233 U.S. 31 SOUTH 2. BILL NO. 70 -10 - REZONING - 101 N. KENMORE B. REQUEST TO WITHDRAW BILL NO. 55 -10 -- APPROPRIATION OF $276,780 WITHIN FUND 212 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 1200 Cowry -Crry Bu1LDmG 227 W JEFFFRSON Bo13umw Soum BEND, IM)LANA 46601 -1830 PHONE 5741 235 -9371 FAx 574/235 -9021 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & EcON®MIC DEVELOPMENT JEFFREY V. GIBNEY FXECUTNE DmECTOR .- (�'m ��) - � �- - �6 - December 6, 2010 Derek Dieter President South Bend Common Council 400 County -City Building South Bend, Indiana 46601 Dear President Dieter: The attached ordinance for Council consideration will appropriate $276,780 in renewal funding under the Shelter Plus Care Program (SPC) in three separate renewal grants as follows: IN0087C511000901 $ 92,820 Sept.8, 2010- Sept.7, 2011 for 13 units IN0009C5H000802 $141,120 August 1, 2010 -July 31, 2011 forl8units IN00I 005H000802 $ 42,840 August 29, 2010 - August 28,2011 for 6 units The City serves as a fiscal agent and recipient of funds for the eligible agency as determined by HUD, to be the recipient of the SPC dollars. The funding allocated provides support for sponsor based rental assistance for housing severely mentally ill clients. These grants historically have been awarded to Madison Center. Earlier this year an ordinance for a Madison Center appropriation was submitted and then pulled based on the changes occurring at Madison Center. Since then, Madison Center has relinquished their status as the Community Health Center for St. Joseph County, Indiana and, has submitted written notification to HUD they can no longer continue as the sponsoring agency for SPC. The new Community Health Center designation is with Oaklawn Psychiatric Center who has submitted written notification of their willingness to be the SPC grant sponsor. Correspondence with HUD indicates the submission of these letters is sufficient to do the transfer of sponsorship and fiends. Thus, the submission of this ordinance appropriating the SPC dollars to Oaklawn. C.ommuNrry DEVELOPMENT EcoNOM1c DEVM- OPMENT F mNCTAL & PROGRAM L PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 5791235 -9371 ELIZABETH LEomkD f I-Ax: 574/235 -9697 574/235 -9371 Derek Dieter President South Bend Common Council December 6, 2010 Page 2 Copies of all mentioned letters and HUD correspondence are attached as part of this packet. l will be presenting this ordinance at the December 27, 2010 meeting. Please contact me with any questions prior to then. Thank you. Sincer , Pamela C. Me r Director Cc: J. Rosheck, J. Gibney, G. Zientara, I March, B. Leonard ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $276,780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver services to seriously physically and mentally ill individuals within our community, The City of South Bend received funds from the U. S. Department of Housing and Urban Development for the delivery of such services through various subgrantees. The funds appropriated in this ordinance will aid in defraying the costs of housing and related services. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. The sum of $276,780 is' hereby appropriated in Fund 212 and shall be administered by the Department of Community & Economic Development and its designated subgrantees as noted below: Oaklawn Psychiatric Center M0087C511000901 $ 92,820 (9/8/10- 9/7/11) Scattered Site Oaklawn Psychiatric Center IN009C51-1000802 $I41,120 (08/1/10 - 7131/11) Gateway Oaklawn Psychiatric Center IN0010C5H000802 $ 42,840 (8/29/10 - 8/28/11) Perm. Hsg TOTAL $276,780 SECTION H. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Couilicil OPT aa. City Clerk Presented to me by the Mayor of the City of South Bend, Indiana on the day of , at --- o'clock m. Approved and signed by me on the at 3 rJ ['JOT AP�PR'OVEED �1 PASSED o'clock m. City Clerk day of 2_, Mayor, City of South Bend, Indiana %� in CITIJ Page 1 of 1 Pamela Meyer - Madison Center From: "Fox- Cunningham, Katherine" To: 'Pamela Meyer' Date: 11/2412010 10:14 AM Subject: Madison Center Pamela, Attached is the letter we received from Madison Center. I think that this will be sufficient for you to use to do your transfer. ff you need the project numbers for all the projects you have, you may want to use the fetter that Qaklawn sent you. KatAerlxa Fox- Ohmmin.O& rr S,. &Vn� J&an" & DWe&pmertt fRepWMtCd" 151 NadA Odawaw Stwet - Suite 1200 3ndianapa66, 3ndfma 46204 Vane - (317) 226 -6303 Eat. 7245 Sax - (3f 7) 614 -6101 1� u1uno. mad icon .org 403 E. Madison Street o South Bend, Indiana 46617 W 574/234 -0061 0 Toll -Free 877/231 -006I o Fax 574/288 -5047 November 1.1, 2010 Katherine Fox - Cunningham Sr. Community Planning & Development Representative 151 North Delaware Street - Suite 3200 Indianapolis, Indiana 46204 Ref: Grant # INOOI2B5H000802 (Supportive Housing Rental Assistance) Grant # IN0013B5H000802 (Supportive Housing Turnock Group Home Grant # IN0010C5H000901 (S +C Permanent Housing) Grant # 1N0009C5H0002 (S +C Gateway) Grant # IN0087C5H000901 (S +C Scattered Site) Dear Ms. Fox - Cunningham, As of September 20', 2010 Madison Center, Inc. had relinquished their status as the Community Mental Health Center for St. Joseph County, Indiana. With this change, Madison Center is no longer providing outpatient treatment to the clients receiving assistance from the Supportive Housing Programs. Madison Center will not be able to provide the supportive services that are required for these grants. Therefore,1 am requesting that the grants be transferred to: Oaklawn Psychiatric Center Community Mental Health Center for St. Joseph Co. P.O. Box 1240 South Bend, IN 46624 Oaklawn has assumed the supportive service requirement of the grants. The grants in question are the Supportive Housing Rental Assistance (grant # IN00I2B5H000802) with a grant period of 211110- 1/31/1 l and the Supportive Housing Turnock Group Home ( previous grant # INOO I 3BSH000802) with a grant period of 7/1110 - 6/30/11. In addition, Madison Center is also unable to continue to be the sponsoring agency for the Shelter Plus Grants for the City of South Bend. I am requesting that Oaklawn Psychiatric Center be designated as the sponsoring agency as they are currently providing the supportive services to the clients on these grants. These grants include S +C Permanent Housing (grant# IN00I 005H000802), S +C Gateway (grant # IN0009C5H0002) and S+C Scattered Site (grant # IN0087.C511000901). Thank you for your consideration in this matter. Sincerely, Michael Lane A(LPeditelf 111/ the 101171 C0111111ission an Arr17editation (f Healthcare Organizations OAKLAWN Toward Health and Wholeness (574) 533 -1234 web site: www.oaklawn.org . e -mail: info @oaklawn November 16, 2010 Pamela C. Meyer Director, Community Development Department of Community & Economic Development City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Pam: • 800 -282 -0809 Oaklawn Psychiatric Center, Inc. has assumed the role of the community mental health center for St. Joseph County effective September 24, 2010, previously held by Madison Center. As part of the outpatient services, Oaklawn assumed responsibility f -or the services provided under a number of HUD sponsored grants. At this time we would request that Oaklawn become the recipient of the HUD grants. We are requesting the following grants be transferred frorn Madison Center to Oaklawn: ?reNious Project New Project Number \umber Grantee Sponsor Project ;Name (JIN ol'south wtadison N00090511000801 IN0009C'511000802 13011d Center S+C' U t4:xNaN C'it% ol'soulh Madison '00 1 0051 1000801 IN0010C'511000802 Bcnd C'CItGr S +C' 1'114 SMI C'it} of south Madison IN36C4000{ll IN0087C511000901 Bend Center S4C_ Scattered Site Thank you for your consideration of this request. Sincerely, Laurie Neumann Nafzi President and CEO Cc: Katherine Fox - Cunningham Contact Person Stephen I_ucckc /South Bead Stephen i.uecle /Soot]; Bend Stephen 1..tiecke /South Bend Program S +C S +C, s +C Grant Period Grant Amt 7.30.201 i} to 7.31.11 $141.120. 8.27.10.2010 to 8.28.11 $42.840, 9.6. 10 to 9.7.11 $92.820. Corporate offices G 2600 Oakland Avenue 330 Lakeview Drive Elkhart, Indiana 46517 P.O. Box 809 (mailing address) Goshen, Indiana 46527 Derek D. Dieter President City of South Bend Common Council 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 (574) 235 -9321 1~ax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin.gov Oliver J. Davis South Bend Common Council December 8, 210 441 County -City Building Vice-President 227 W. Jefferson Blvd. Ann Puzzelio South Bend, IN 46601 -1830 Chairperson, Connnittee RE: Proposed Revision to Ordinance 7811 -87 of the Whole Dear Council Members: Derek D. Dieter First District As you will recall, on November 8, 2010 as result of an inquiry during the "Privilege of the Floor" President Dieter ask At -Large Council Member Timothy Henry Davis, Jr. Rouse to investigate the matter. An investigation took place with assistance of Second Distract Attorney Kathleen Cekanski- Farrand and revealed that there is an existing codified Thomas LaFountain ordinance addressing the heart of the inquiry. In our opinion there is no evidence Third District of documented discrimination toward minorities as the complaint's brief states. The brief was filed in the South Bend City Clerk's on July 6, 2010. Ann Puzzello However, research indicated that on October 7, 1987, 2nd District Council Fourth District Member Eugenia Braboy sponsored Bill 103 -87 after several months of research and discussion with a wide range of individuals from the community as well as David Varner representative(s) from the Council and the City Administration. A copy of Mrs. Fifth District Braboy's cover letter is attached; bill 103 -87 was the resulted in the addition of Oliver J. Davis Chapter 14.5 to the South Bend Municipal Code and Ordinance 7811 -87. Sixth District Ordinance 7811 -87 has been in our codebook since 1987 and is still listed. Ordinance 7811 -87 was to provide a remedy for under - representation of minorities Al "Buddy' Kirsits and women in certain aspects of City employment and contracting. At Large The recent investigation indicates a need to revise South Bend Municipal Code Chapter 14.5; Articles 1 and 2 and the addition of Article 4 per the attached Timothy A. Rouse documents. At Large With filing of this revised version of Ordinance 7811 -87 on Wednesday December 8, 2010 we are asking the council to hear the first reading on December Karen L. Whit 13, 2010 and the second reading, public hearing and third reading to be scheduled for January 10, 2011. We ask for your support in the passage of these revisions. Sincerely t Karen L. White, 1� *D.ieter, FI'7,d In Cyank's iNce Dere Hen avis r., _ 1st District Councilman 2nd District Council and 230 U( f`r: 4fn4 +y 111 Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES STATEMEN TO PURPOSE AND INTENT In 1987 the South Bend Common Council passed Ordinance No.7811 -87, which created Chapter 14.5, and it's various sections. Ordinance 7811 -87 was developed in consultation with the Minority Affairs Council and with the City's Legal Department and the Common Council attorney. It required equal employment opportunity and equal contracting opportunity for all persons without regard to race or sex. It was determined that when minority and women representation is not in proportion in the applicable work force or business category, certain goals are required to be established by City departments, boards, or commissions, and steps must be taken toward meeting those goals. In the 23 years that have lapsed since Ordinance 7811 -87 was initiated the goals and purposes stated in the original supporting documents have been adhered to. The amendments attached are to added to provide a greater degree of checks and balances and to better provide remedial procedures when goals are not feasible. REVISIONS (Ord. No. 7811 -87, § 1) Revision to: Recommended that the term Affirmative Action through of the bill be replaced with modern day terminology such as Diversity Utilization Plan. ARTICLE 1. GENERAL PROVISIONS Recommended Revision to the following item to: ( added /C"f)171pliance Polic7) (b) The South Bend common Council declares that the following affirmative action C'omptiame Polic y procedures are established for the purpose of facilitating equal opportunity, prohibiting discrimination against minorities and women, and remedying instances of underrepresentation of minorities and women in certain aspects of City employment and contracting. (c) Private corporations, firms, or persons receiving tax abatement or tax credit development incentives from the City shall award their construction and purchase contracts consistent with the objectives set forth in this section. (d) The City of South Bend procurement process will include language in all solicitations, using local taxes systems or mixed financing requiring municipal bonds as a funding mechanisms, that ensures local contractors are awarded the vast major of the City's local construction contracts. To qualify for this preference Small Local Business Enterprises must have an Approved Affirmative Action Plan. SLBE must commit to Project Labor Agreements that commit to local labor utilization and living wage agreements. (e) All of the City's construction projects Request for Proposal for professional, Architect & Engineering, Construction Management or General Contractors, services will be required to include language in the City's solicitation that requires the above contractors to demonstrate the effectiveness of their Affirmative Action or Diversity Plan. The City recognizes that professional service contract providers are often the most important part of a successful Affirmative Action Program. (f) The City of South Bend understands that programs that promote the utilization of local business and local labor ensure reciprocal economic growth within the local region. This activity creates local jobs, expands (income, property and corporate) tax revenues. Sec. 14.5 -2. Definitions. Recommended Revision to the following item to: (1) "Disadvantaged Business Enterprises, " (hereinafter referred to as "DBE ") means a small business concern and "Women/Minority Business Enterprise" (hereinafter referred to as "WMBE ": (a) Which is at least fifty -one percent (51 %) owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least fifty -one percent (51 %) of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (b) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. O Business enterprises with at least fifty -one percent (51 %) owned by one or more minority or one or more women, in the case of any publicly owned business at least fifty - one percent (51 %) of the stock of which is owned by minority or women. (m) "Small business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto except that a small business concern shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has annual average gross receipts in excess of $4 million over the previous three fiscal years. (n) "Socially and economically disadvantaged individuals" (hereinafter referred to as "disadvantaged individuals ") means those individuals ,who are citizens of the United States or lawfully admitted permanent residents, and who are women, Black Americans, Hispanic Americans, Native Americans, Asian- Pacific Americans or Asian -Indian Americans and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 3 and Section S(a) of the Small Business Act. (o) "Small local business enterprise" or "SLBE" means a business enterprise having its principal office in South Bend - Mishawaka Area or located within a 35 mile radius of the City. SLBE will be granted bidding preference on all constructions contracts as long as they are consider by the City to be in full compliance of the City's Affirmative Action Articles as they apply to W/MBE Contracting and minority and women employment guidelines. SLBB must be register in the City as a formal business entity and meet the following standards: (a) Local Business with annual revenues of $15 million or less. (b) Less than 100 employees (c) Local Contracting License (Ord. No. 7811 -87, § 1) Revision to: ARTICLE 2. AFFIRMATIVE ACTION IN EMPLOYMENT (Revised to include Section 3 Language) See. 14.5 -5. HUD "SECTION 3 REQUIREMENTS" (24 C.F.R. Part 135) IN THE PROVISION OF TRAINING EMPLOYMENT AND BUSINESS OPPORTUNITIES Borrowers receiving more than $200,000 of federal funds for a project and any contractor or subcontractor with a contract on such a project in excess of $100,000 are subject to the Section 3 requirements outlined in 24 C.F.R. fart 135. All Section 3 covered contracts shall include the following clause (referred to as the "Section 3 Clause "): (1). The work to be performed udder this contract is subject to the requirements of section 3 of the housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. (2). The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. (3). The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4). The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. part 135. (5). The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. part 135. (b). Noncompliance with HUD's regulations in 24 C.F.R. part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Revision to: (Ord. No. 7811 -87, § 1) ARTICLE 4. AFFRIMATIVE ACTION COMPLIANCE POLICY AND PROCEDURES Sec. 14.5 -4. Application of this article. This article shall apply to all City departments, agencies, boards and commissions. Sec. 114.5 -5- Conformity with Applicable Federal and State Laws of the Code of the City of South `Bend. The provisions of this Article shall be construed according to and in conformity with Acts of Congress and of the Legislature of the State of Indiana concerning the bidding and awarding of contracts in accordance with United States Department of Transportation, 49 CFR Part 23, 24 CFR, part 135 (Section 3), Title VI of the Civil Rights Act of 1964, Executive Order 11625, October 13, 1971, Executive Order 11246, and other laws applicable to providing contracting opportunities to Disadvantaged Business Enterprises(DBE), Women and Minority Business Enterprises (WMBE) and Section 3 Business Enterprise. Where provisions of this Article come into conflict with either federal or state law or Code of the City of South `Bend, the federal or state law or City Code shall prevail. Sec. 14.5 -6. Diversity Compliance Officer The Mayor shall designate a Diversity Compliance Officer (DCO) or designated Consulting Firm. The DCO's duties will include the following: monitor contractors awarded contracts with the City for construction services for compliance with all applicable Federal, State and Local laws, statues, and codes regarding minority, women and Section 3 employment requirements and women and minority business enterprise contracting and subcontracting levels during the contractual term. The Compliance Official shall also prepare a list of all minority business enterprises in the Standard Metropolitan Statistical Area, compliance guidelines for contractors with the City for construction services, with said guidelines to include monitoring and reporting procedures, and recommendation for actions to be taken should non - compliance occur and procedural guidelines for City allocation of contracts to minority business enterprises as provided by this ordinance. Said guidelines shall be subject to the approval of City Council. The Compliance Official or designated Consulting Firm shall also perform such other duties relating to the provisions of this Article as may be directed by the Mayor. Sec. 14.5 -7. Establishment of Goals. (1) To achieve parity there is hereby established a goal of 18% (15% minority and 3% women) of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded to minority business enterprises meeting contract specifications. Calculation of the 18% monetary value shall not include the amounts for contracts for which no minority business enterprise bid or contracts where no W/NBE meets the specifications. (2) The goals for minority group employment levels and minority enterprise subcontract levels to be achieved by contractors with the City for construction are hereby set at 18 %. (3) On an annual basis the City Council shall review the levels of minority business enterprise participation for the City's contracting, subcontracting and work force participation, and shall in addition annually review minority population totals and percentages for the St. Joseph County area. After said reviews, the City Council may adjust the percent goals for contracts, subcontracts and work force participation to reflect a more representative share of the minority population or available market of minority business enterprises. (4) In determining the MBE/WBE participation on a contract, the following facts will be taken into consideration: (a) On contracts where the estimated material portion of the contract exceeds thirty percent (60%) of the project cost and the materials in question are not available to be furnished through City certified MBE /WBE firms, the Diversity Compliance Officer or his designee is authorized to effect reductions in the goals for the project to reflect the unavailability of the materials. It is intended that this provision will only be utilized for projects involving major equipment items such as pipe, equipment, fabrications, etc. (b) The costs of materials which will be used in determining the MBE/WBE participation at the time of bid shall be those estimates as compiled by the City of South `Bend. The City's adjusted goal will be the official goal on any particular project subject only to other provisions of this ordinance. (5) In all instances, any MBE/WBE company performing under a contract with the City of South `Bend may only claim, as part of his/her MBE/WBE participation, those materials which the company purchases and actually fully installs as part of their responsibility under the contract, if such work is listed as one of the areas of expertise under which the company is certified or recognized to perform. (6) If a certified or recognized material supplier exists, that portion of the contract filled by the supplier will count directly against the 15% MBE & 3% WBE goals and will not be adjusted according to the Project Labor Agreement. The percent of the total contract price which is performed by the material supplier shall first be deducted from the City's goals, i.e.: eighteen percent (15 %) in the case of minority business enterprises and six percent (3 1/o) in the case of woman -owned business enterprises. Any remaining MBE/WBE percentage which the material supplier has failed to satisfy shall then be adjusted according to Project Labor Agreement. The prime contractor shall then have to make a good faith effort to provide subcontracts to minority or woman -owned companies, as the case may be, to fulfill the City's goals. Sec. 14.5 -8. Award of Contracts to WNME Enterprises. (1) If, during any fiscal year, bids are being sought by the City for a contract to provide supplies, services or construction and the City has not achieved the goal established in accordance with Section ) of this Chapter, the contract shall be awarded to the lowest bidding minority business enterprise meeting contract specifications unless it appears that the minority business enterprise's bid is unreasonably priced or the minority business enterprise's bid is neither in the best interest of the City nor the lowest and best bid. All other factors being equal, preference shall be given to minority business enterprises located in St. Joseph County. For the purpose of this subsection, an "unreasonable price" is a price above competitive levels which cannot be attributed to the minority business enterprise's attempt to cover costs inflated by the present effect of disadvantage or discrimination. (2) For the purpose of this subsection, determination of the "lowest and best bid" shall include an evaluation of such factors as the nature of the supplies or services sought, prices of similar products in the relevant market area, minority employment levels achieved by the prospective contracting entities, location of business offices, general conditions in the market area, minority participation in the marketplace and such other factors as may be deemed relevant. Sec.14.5 -9 Time Requirements and Procedure for Noncompliance (1) Whenever the Diversity Compliance Officer determines a contractor to be in violation of a Provision of this chapter, he shall issue a written finding setting forth such determination and the basis of his decision, together with notice to the contractor of the right to object to the finding. Such written finding shall be served upon the contractor by certified mail at such contractor's last known address. Any contractor taking exception to a finding of the Diversity Compliance Officer first shall attempt to reconcile the situation with the Diversity Compliance bffieer. A good faith attempt to achieve informal reconciliation is a prerequisite to the contractor filing a written objection with the City Manager. (2) If, after attempting to reconcile the violation by informal means, the situation is not alleviated, a contractor may file a written objection with the City Manager within fifteen days of the receipt by the contractor of the Diversity Compliance Officer's written finding. Thereupon, the Diversity Compliance Officer shall, within seven days, forward to the City Manager all materials relating to the determination which is appealed, together with recommendations of appropriate remedial action to be taken. The contractor may file a request for a hearing before the City Manager when filing the written objection. (3) if the Diversity Compliance Officer finds a contractor to be in violation of this chapter and no reconciliation is attempted by the contractor within fifteen days of the receipt by the contractor of the written finding, the Diversity Compliance Officer shall forthwith forward his finding to the City Manager along with any recommendation of appropriate remedial action to be taken. (4) Under the direction of and upon authorization from the City Manager, the Diversity Compliance Officer shall determine when a violation of this section exists and when the attempts at reconciliation taken by the contractor will not reasonably alleviate the situation. (5) if the contractor objects to the decision of the City Manager or Consulting Firm, the contractor must next pursue the appeal. process set forth in 49 CFR 23.55. Any person or organization with information indicating unjust participation by an enterprise or individuals under this program, or who believes that the DBE and WAME participation is being improperly applied, should file a written complaint with the City Manager which shall contain a detailed statement in writing of the basis of the complaint.(Ord. No. 7811 -87, § 1) Attest: City Clerk Member of the Common Cou it n1d 10; Presented by me to the Mayor of the City of South Bend, Indiana on the day of 1 2—, at o'clock —. M. Approved and signed by me on the 2 , at o'clock . M. I sr READ!NG ( 2— —t 3` t 6 PU.23LIC HEAT ZING 3 rd RIEADit�IG NOT APPROVED Rf FERRED PASSED City Clerk day of Mayor, City of South Bend, Indiana GMce c" CLI-J'IK, SO. CITY ®f SOUTH BEND ROGER O. PARENT, Mayor COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 October 7, 1987 JOSEPH T, SERGE Members of the Common Council President EUGENIA BRABOY Council Chambers Area 219 284•9321 Vice - President 4th Floor, COunty —City Building ANN B. PUZZELLO South Bend, Indiana 46601 Chairman, Committee of the Whole Dear Council Members: JOSEPH T. SERGE I an introdin First District ucg the attached ordinance for your consideraton which represents many months of prior discussion and research. EUGENIA BRABOY Second District BEVERLIEJ.BECK This ordinance would establish a procedure to address equal ThirdDlstrlct opportunity for minorities and women with regard to anployment and ANN B. Puz bidding for City contracts. Fourth District ic! �� ROBERT G, TAYLOR Fifth District The City Attorney's office has prepared a three -page THOMAS ZAKRZEWSKI "summary" of the proposed ordinance which is attached. It Sixth District addresses a brief sketch of relevant background information, JAMES V. BARCOME At Large protections, and ro sed peel t p p° procedures which will assist you in AL B, PASZEK ng he need for such an ordinance. At Large JOHN VOORFJEe Mayor's Minorie ty lo en Affairs Council has been very At Large instrunental in the development t KATHLEEN CEK,4NSKI�FARRAND Fm t Of this ordinance, and will be council Attorney providing additional data for the Council to consider when reviewing it. I believe that this ordinance addresses an important need for our City, that is, to insure equality of opportunity both in the City's employment and contracting actions. This is not an ordinance which seeks to maintain equal representation of minorities and women throughout the City work force or throughout City contracting. Rather, `it is an effort to remedy in a carefully limited way past significant under- representation of minorities and omen in certain areas of City business. I will be recommending that it be sent to the Hunan Resources and Economic Develoiment Committee for a complete and thorough review. I look forward to discussing this ordinance with you and to seeking your support. Thank you. Sincerely, Eugenig BBr oy Second District Councilman COUNTY -CITY BUILDING 227 W. ,JEFFERSON BOULEVARD SOUTH BEND, IN 46609 December 6, 2010 El OUTom PkACE� '. 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 4`11 Floor, County -City Building South Bend, IN 46601 PHONE 574 - 235 -9216 FAX 574 - 235 -9928 Re: Ordinance of the Common Council Authorizing Certain New Position Titles and Setting the Maximum Salary Compensation to be paid to Certain Non Bargaining Position Amending the 2010 Salary Ordinance for Non Bargaining Employees Dear President Dieter: City Administration submitted Bill No. 59 -10, proposed Ordinance Fixing Salaries and Wages for Appointed Officers and Non - Bargaining Employees of the City of South Bend for Fiscal year 2011, on September 8, 2010. Bill 59 -10, as amended on September 23, and September 29, for reading and vote at the September 30, 2410 Council Meeting was defeated by Council vote at the September 30, 2010 Council Meeting. As a result of the defeat of bill 59 -10, the 2010 Salary Ordinance for Nan - Bargaining and Appointed Officers will continue in force during 2011, unless amended by Council action. At the September 30 Council meeting, certain Council members requested that City Administration submit a new bill for 1" Council read at the December 13 Council Meeting with 2nd read, public hearing, 3rd read and Council vote at the 1 st Council meeting in 2011. This bill would include City Administration request for new titles, new positions and certain position salary compensation levels increased from the 2010 Salary Ordinance compensation level for positions where job responsibilities have increased beyond the job responsibilities defined in the 2010 Salary Ordinance. Therefore, the salary ordinance bill submitted herewith includes City Administration request for changes to the 2010 Salary Ordinance as follows. The following chart identifies the requested position change, current salary, if applicable, of the incumbent, current 2010 authorized maximum salary and the requested change to the 2010 authorized maximum salary, with appropriate comment of explanation. Org Position 2010 2010 2010 Comment Ref Title Salary Salary Salary In position Ordinance Ordinance Current Proposed Admin Secretary of Board 38,974 39,729 45,682 Existing position as Secretary of Board of Public Works and Board of Public Safety. Increased authority to pay salary is commensurate with job responsibilities and decision authority CED Deputy Director CED 65,702 67,011 70,018 New position reflecting increased job responsibilities of former Director Economic Development. Former position will remain active, however, unfilled. CED Planner Senior 47,840 48,793 53,664 New position title at high end of CED planner job ladder, 1 step above Planner VI. CED Property & Collections Manager 45,175 48,793 47,970 New title - change to reflect job title consistent with job duty & responsibility. Incumbent is Planner VI Finance Reengineering Project Manager Open 53,581. 60,008 Unfilled 2010 position - redefined job duties & responsibilities of former Internal Auditor position. Internal Auditor position will be deleted active position titles Finance Business License Administrator 28,418 33,936 34,450 Title change from Accounting. Clerk to reflect title commensurate with job prpose & duties Finance Assistant City Controller 63,258 66,300 67,314 Title change from Director Public Works Finance to reflect title commensurate with job duties & responsibilities Safety Safety & Risk Manager 46,280 48,170 49,062 Existing position with increased job duties & responsibilities HRights Intake Officer Investigator 30,420 31,014 32,500 Existing position with increased job duties & responsibilities Police Crime Lab FireArms Examiner n/a n/a 51,714 New position formally performed by sworn Officer. Creation of this position will free up 1 sworn officer position for new hire in 2011 Pworks CSO Operations Manager 52,728 53,778 58,396 Existing position with increased job duties & responsibilities (Wastewater) Pworks Director CSO Project Mgmt 68,874 70,227 71,292 New position (former Director Environmental Services) created to lead CSO long term project. Former position will be deleted from active position titles Pworks Division Director Wastewater 64,792 66,065 71,292 New position (former Director Wastewater) created to replace Director Environmental Services. Former position will be deleted from active position titles The requested changes to the 2010 Salary Ordinance, upon passage of the Bill by Council, will take effect commencing on January 1, 2011. 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. Regar IT Gregg . ientara cc: Stephen J. Luecke, Mayor of the City of South Bend ]DEC ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2010 SALARY ORDINANCE TO AUTHORIZE NEW POSITION TITLES AND SETTING THE MAXIMUM SALARIES TO BE PAID TO CERTAIN NON BARGAINING EMPLOYEES STATEMENT OF PURPOSE AND INTENT On September 8, 2010 the Administration submitted Bill 59 -10, an ordinance Fixing Salaries and Wages for Appointed Officers and Non Bargaining Employees of the City of South Bend, Indiana for fiscal year 2011. The Common Council did not pass Bill 59 -10 at its meeting on September 30, 2010, and accordingly, appointed officers and non bargaining employees of the City are subject in 2011 to the salary ordinance #9959 -09 for calendar year 2010 passed by the Common Council on September 28, 2009. It is now necessary to amend salary ordinance #9959 -09 in order to approve certain employee positions which either did not exist in 2010 or for which the description has been altered by increased duties. This amendment will not affect the City 2011 budget appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. Ordinance #9959 -09 is hereby amended to include the following employee positions and the stated salaries: Department Position Amended Salary Ordinance AdmVi Secretary of Board $45,682.00 CED Deputy Director CED $70,018.00 CED Planner Senior $53,664.00 CED . Property & Collections Manager $47,970.00 Finance Reengineering Project Manager $60,008.00 Finance Business License Administrator $34,450.00 Financc Assistant City Controller $67,314.00 Safety Safety & Risk Manager $49,062.00 Human Rights Intake Officer Investigator $32,500.00 Police Crime Lab Firearms Examiner $51,714.00 Public Works CSO Operations Manager $58,396.00 Public Works Director CSO Project Management $71,292.00 Public Works Division Director Wastewater $71,29100 Section II. Upon approval by the Common Council and signature by the Mayor this Ordinance shall be effective retroactive to January 1, 2011. Member of the Common Council Attest: Sin. ? fS; 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 m. City Clerk day of , 2 , at Mayor, City of South Bend o'clock F:\[)ATA\SHARE1 Legal ',WpdatalAlvID\Ordinances12010 Amended salary Ordinance Non Bargaining 12 0120 ,y s .N:L]Ff7 ���cawra 1 CouNTY (CITYBUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 mfr ,... PEACE 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 December 7, 2010 Mr. Derek Dieter President, South Bend Common Council 4t' Floor, County -City Building South Bend, IN 46601 Re: Ordinance of the Common Council to Approve Teamster Employee Wages for 2012 and 2013 by Amending Ordinance No. 10044 -10 Which Fixed Teamster Maximum Wage Rates for Calendar Year 2011 Dear President Dieter: Ordinance no. 10044 -10 was passed by the South Bend Common Council in its second substitute version on September 30, 2010 during a time when labor wage negotiations were ongoing but not yet concluded between the City and its Teamster employee group. At time of passage of ordinance no. 10044 -10, City Administration had a contractual agreement proposal on the table with the Teamster Union that proposed a 0% wage rate increase in fiscal 2011, with subsequent 2% wage rate increases effective on January 1, 2012, and on January 1, 2013. As the contractual agreement proposal was not yet ratified by Teamster union membership, it was determined in joint agreement between Common Council and City Administration, that the appropriate Teamster wage ordinance proposed for Common Council passage on September 30, 2010, should exclude any reference to wage years beyond the 2011 0% wage increase. ft was jointly concluded that, upon Teamster contract ratification of the 2% wage rate increases proposed for effect on January 1, 2012, and on January 1, 2013, that City Administration would file an amendment to Ordinance no. 10044- 10, that would incorporate the Teamster contract ratified wage rates for these future periods. As such, the bill submitted herewith, amends Ordinance no. 10044 -10, effectively to include the Teamster wage rates for effect on January 1, 2012 and January 1, 2013 in accordance with the Teamster contract ratified and binding between the City of South Bend and its Teamster union employees. 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 convenie?ce of Council. cc: Stephen J. Luecke, Mayor of the City of South Bend t; fit; Iv CITY BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CI'T'Y OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10044-10, WHICH FIXED MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2011, TO APPROVE TEAMSTER EMPLOYEE WAGES FOR 2012 AND 2013 STATEMENT OF PURPOSE AND INTENT Ordinance No. 10044 -10 was passed by the South Bend Common Council in its second substitute version on September 30, 2010 during a time when labor wage negotiations were ongoing but not concluded between the City and its Teamster employees. On or around November 30. 2010, the Teamsters' union members ratified wages for calendar years 2011, 2012, and 2013. This ordinance does not alter the Teamster Employee wages for 2011 approved by Ordinanec 10044 -10, nor does it amend any other terms of Ordinance 10044 -10. It simply approves Teamster wage rates for 2012 and 2013 pursuant to the Collective Bargaining Agreement between South Bend and its Teamsters' Union employees which was ratified by the Union on November 30, 2010. Consistent with the intent of Ordinance No. 10044 -10, the wage provision of which takes effect January 1, 2011, this ordinance shall be effective as of January 1, 2011. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Section 1. of Ordinance No. 10044 -10 shall be amended to read as follows: Section 1. Maximum Compensation (a) The maximum amounts to be paid as compensation for Teamster employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, wages are set and paid on a Bi- Weekly basis. Amounts by department and alphabetical position are set forth as well as the hourly wage for each position for calendar years 201 „1 - through 2013. Section 11. All other terms and conditions of Ordinance No. 10044 -10 as set forth in Section 11 of that ordinance which provides for "Holidays, Vacations and other Monetary and Fringe Benefits” are incorporated herein by reference. Section 111. In order to effectuate the intent of the City and Teamsters' Collective Bargaining Agreement, this ordinance shall be in full force and effect retroactive to January 1, 2011 from and after its passage by the Common Council and approval by the Mayor. Member of the Common Councif r- Attest: �n a, n vnd City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2, at o'clock m. Appreved and signed by me on the at o'clock, m. RED PASSED, City Clerk ,day of 2 1 Mayor, City of South Bend, Indiana ............. -3. City of South Bend 2011 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels as of: November 30, 2010 ' 2010 2011 0.0% 1 2012 2.0% 1 2013 2.0% Position Title Rate $ 1 Rate $ Increase Rate $ Increase Rate $ Increase Staff Positions: Group Leader - Traffic & Lighting 16.70 16.70 0% 17.04 2°% 17.39 2°/ Operations Technician 16.05 16.05 0 °% 16.38 2°% 16.71 2% Sign Artist 16.81 16.81 0°% 17.15 2% 17.50 2% Sign Artist - Job Leader (new position in 2011) 18.00 0% 18.36 2% 18.73 2% Signal Technician € 16.63 16.63 0% 18.97 2°% 17.31 2% Signal Technician €I 17.36 17.36 0°% 17.71 2% 18.07 2% Signal Technician €i - Job Loader 18,00 18.00 0°% 18,36 2% 18.73 2% VILDING MAINTENANCE. Staff Positions: Building Engineer Building Maintenance 15,82 15.62 0°% 16.14 2% 16,47 2°% General Laborer (Bldg Janitors) 14.51 14.51 0% 14.81 2% 16.11 2% Maintenance Technician I (Bldg. En 18.52 18.52 0°% 18.90 2% 19.28 2°% 4RK AND RECREATION CEPARTMENT Staff Positions; Arborist 1 17,49 17.49 0% 17.84 2% 18,20 2% Arbor €st II 19.00 19.00 0% 19.38 2% 19.77 2% Arborist /Weed Con!rol 16.81 16,81 0°% 17.15 2% 17,50 2% Asst Greens Superintendent 17.06 17.06 0% 17.41 2°% 1776 2°% Athletic Field Maintenance 15.92 15.92 0% 16.24 2% 16,57 2% Bldg tditce - Custodian & Laborer 14.51 14.51 0% 14.81 2% 15.11 2% Bldg & Structural Rlsintenance 1 18.32 18.32 0% 18.69 2°% 19.07 2% Bldg & Structural Maintenance II [NEW] 19.00 19.00 0% 19.38 2% 19.77 2% Construction Maintence / Carpenler 1 1715 17.75 0% 18.11 2°% 18.48 2% Construction Maintenance / Carpenter II 18.32 16 -32 0% 18.69 2% 19.07 2% Construction Maintenance I Carpenter ill 19.00 19-00 0% 19.38 2% 19.77 2% Construction Maintence / Mason 18.32 18.32 0% 18.69 2% 19.07 2% Construction Maintenance! Welder 18.32 18.32 0% 18.69 2°% 19.07 2% Dietician 15.14 15.14 0% 15.45 2% 15.76 2% Electrician - Park 19.00 19.00 0°% 19.38 2% 19.77 2% Equipment Operator II - Park 15.74 15.74 0% 16.06 2% 16.39 2% General Laborer 14.51 14.51 0 °% 14.81 2% 15.11 2°% Group Leader - Recreation 16.81 16.81 0°% 17.15 2% 17.50 2% Group Leader - Street Island 16,81 16.81 0°% 17.15 2% 17,50 2 °% Group Leader - Lesper 16.81 16.81 0% 17.15 2 °/0 17.50 2% Group Leader - Plaza 16.81 16.81 0% 17-15 2 °/p 17.5fl 2% Group Leader - Custodian 16.81 16.81 0 °% 17.15 24/p 17.5Q 2°% Head Custodian 15.14 15.14 0% 15.45 2 °/ 15.76 2°% Heavy Equipment Operator 1 17.06 17.06 0°% 17.41 2 °% 17.76 2% Heavy Equipment Operator ll 17.49 17.49 0 °/ 17.84 2% 18.2D 2°% Job Leader [NEW] 17.97 17.97 0% 18.33 2 °/p 18.70 2% Zoo Keeper I 14.51 14.51 0% 14.81 2% 15.11 2 °/p Zoo Keeper II 15.30 15.30 0% 15.61 2% 15.93 2°% Zoo Keeper I €I 15.92 15.92 0°% 16.24 2 °% 16.57 2% Zoo Keeper IV 16.81 16.81 0°% 17,15 2% 17.50 2% Zoo Keeper / Grower 16.81 16.81 0 °% 17.15 2%p 17.50 2% Mechanic IV - Park - Garage 17.25 17.25 0% 17.60 2% 17.96 2% Mechanic IV -Park - Goli 17.25 17.25 0% 17.60 2% 17.96 2 %. Operator 1 15.29 15.29 0% 15.60 2% 15,92 2% Painter IV 17.25 17.25 0% 17.60 2% 17.96 2°% Plumber IV - Park 19.00 19.00 0% 19.38 2% 19.77 2% Veterinarian Tech ' 17.49 17.49 0% 17,84 2% 18.20 2% Zoo Maintenance 15.92 15.92 0% 16.24 2% 16.57 2% EET DEPARTMENT staff Positions: Equipment Operatcr 1 15.29 15.29 0% 15.60 2% 15.92 2% Equipment Operator II 15.83 15.63 0% 16.15 2°% 16.48 2% 2011 Salary "Fnance Teamsters wage retes.xis Page i of3 City of South Bens) 17.06 17.49 18.25 14.51 17.06 17,49 16,25 14.51 0% 0°% 0°% 0% 17,41 17.84 18.62 14.81 2% 2°% 2°% 2% , 17.76 1820 19,00 15.13 2 %. 2% 2% 2% 2011 Teamster Employees Wage Ordinance 15.82 15.82 0% 16.14 2% 16,47 20/ Position Maximum Hourly Pay Rate Levels 17,54 17.54 0% 17.90 2% 1826 2% as of; November 30, 2010 16.51 18.51 0°% 18.89 2% 19.27 2% General Laborer (Janitor) 2014 2011 0.0% 2012 2% 2013 2.0% Position Title Rate $ Rate $ Increase bate $ Rate $ Increase Equipment Operator III 16.45 16.45 0% 16.78 jIncrease 17.12 2% General taborer 14,51 14.51 0% 14.81 2% 15.11 2% Heavy Equipment Operator 1 17.06 17.06 0% 17.41 2% 17.76 2% Heav E ui ment O erator II 17,49 17.49 0% 17.84 2% 18.20 2% Staff Positions: 17.06 17.49 18.25 14.51 17.06 17,49 16,25 14.51 0% 0°% 0°% 0% 17,41 17.84 18.62 14.81 2% 2°% 2°% 2% , 17.76 1820 19,00 15.13 2 %. 2% 2% 2% Built ing Maintenance 15.82 15.82 0% 16.14 2% 16,47 20/ Body Repair IV 17,54 17.54 0% 17.90 2% 1826 2% Body Repair V 16.51 18.51 0°% 18.89 2% 19.27 2% General Laborer (Janitor) 14.51 14.51 0°% 14.81 2% 15.11 2% Machinist IV 17,54 17.54 0% 17.90 2°% 18.26 2% Machinist V 18.51 18.51 0°% 16.89 2% 19.27 2% Mechanic ill 16.73 16.73 0% 17.07 2% 17.42 2% Mechanic 1V 17.53 17.53 0°% 17,89 2% 18.25 2% Mechanic V 18.51 18.51 0% 18,89 2% 19.27 2 %: Paris Clerk 1 15.78 1518 0°% 16,10 2% 16.43 2% Paris Cierk li 16.50 16.50 0% 16,83 2% 17.17 2°% Parts Chaser 11.97 11.97 01 12,21 2% 12.46 2% Maintenance Electrician 11 16.81 16.81 0°% 17.15 2% 17.50 2% SOLID WASTE #8.22 18.22 D% 16.53 2% 18.97 2% Staff Positions: 18.95 18.95 0% 19.33 2% 19.72 2% Driver 16.43 16.43 0% 16.76 2°% 17.10 2°% Operator 1 15.29 15,29 0°% 15.60 2% 15.92 2°% Operator II 15.60 15.60 0% 15.92 2°% 1624 2% Equipment Operator 111 ;Code) 16.07 16.07 0% 1640 2% 16.73 2% Job Leader 17.97 17.97 0% 18.33 2% 18.70 2°% Picker 1 15,69 15.69 0°% 16,01 2°% 16.34 2% Picker It 16.06 16.06 0% 16,39 2% 16.72 2% Staff Positions; Heavy Equipment Operator 1 Heavy Equipment Operator II Job Leader General Laborer 17.06 17.49 18.25 14.51 17.06 17,49 16,25 14.51 0% 0°% 0°% 0% 17,41 17.84 18.62 14.81 2% 2°% 2°% 2% , 17.76 1820 19,00 15.13 2 %. 2% 2% 2% WASTEWATER Staff Positions: CSO Rep 1 16.77 16.77 0% 1711 2% 17.46 2% C50 Rep! 1 17.49 17.49 0% 17.84 2°% 18.20 2% Dewater Operator 17.49 17.49 0°% 17.84 2°% 18.20 2% Operator I - Wastewater 15.98 15,96 0% 16.30 2% 16.63 2% General Laborer 14.51 14.51 0% 14.81 2% 15.11 2°% Janitor 14.61 14.61 0% 14.91 25% 15.21 2% Lift Station - Rep I 17.49 17.49 0% 17.84 2% 18.20 2°% Lift Station - Rep 11 18.22 18.22 0% 18,59 2% 18.97 2% Maintenance Electrician 1 16.47 16.47 0% 16.80 2% 17.14 2% Maintenance Electrician 11 16.81 16.81 0°% 17.15 2% 17.50 2% Maintenance Electrician 111 #8.22 18.22 D% 16.53 2% 18.97 2% Maintenance Electrlcian €V 18.95 18.95 0% 19.33 2% 19.72 2% Maintenance Electrician V 19.65 19.65 0% 20.05 2°% 20.46 2% Maintenance Lead 2039 20.39 0% 20.80 2% 21,22 2% Maintenance Repair 1 16.77 16.77 0°% 17.11 2% 17.46 2% Maintenance Repair It 17.49 47.49 0% 17.84 2% 18.20 2% Maintenance Repair 111 18.22 18.22 0% 18.59 2% 18.97 2% Maintenance Repair IV 18.95 18.95 0% 19.33 2% 1 9,72 2% Operator - Genera; 17,49 17.49 0% 17.84 2% 18.20 2% Operator - Lead 20.39 20.39 0% 20.80 2% 21.22 2°% Operator. Senior 18.22 18.22 0% 18,59 2% 18.97 2% Operator I- Wastev.,ater 15.96 15.98 0°% 16.30 2°% 16.63 2°% Retief Operator 16.05 16.05 0% 16.38 2% 16.71 2% 2011 Salary 0rd#7arne Teamsters wage rates. %IS Page 2 of 3 City of South Bend 2011 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels as of: November 30, 2010 2010 2011 0.0% 1 2012 2.0% 2013 2.0% Position Title Rate $ Rate $ increase Rate $ Increase Rate; increase Sanitation O erator, Janilor/W W 15.25 15.25 0% 15.56 2% 15.88 2 °. Staff Positions. General Laborer Auditor I - Barg, 15.66 15.66 0% 15.98 Heavy Equipment Operator 1 17,06 17.06 0% 17.41 2% 17.76 2% Job Leader 18.40 18.40 0% 18.77 2°% 19.15 2% Operator f 15.29 15.29 0% 15.60 2% 15,92 2% Operator 11 15.83 15.83 0% 18.15 2% 16.48 2°% Operator fit 15.92 15.92 _... 16.24 1 6.24 2/° 16,57 2/ °° Staff Positions: Auditor I - Barg, 15.66 15.66 0% 15.98 2% 16.30 2% Auditor II - Barg. 16.68 16.68 0% 17.02 2% 17.37 2% Auditor III - Barg. 18.01 18.01 0% 18.38 2% 18.75 2% Auditor IV - Barg. 18.38 18.38 0°% 1875 2% 19.13 2°% Clerk Dispatcher III 16.15 16.15 0% 1848 2% 16.81 2% Shut off Clerk 14.46 14,46 0°% 14.75 2% 15.05 2% Courier/ Supply Clerk 15.90 15.90 0% 16,22 2% 16.55 2% Crew Chfef 15.86 15.86 0% 16.18 2% 16.51 2% Customer Service,' Billing 14.72 14.72 0°/ 15,02 2% 15.33 2% Data Processor 16.26 16.26 0 °h 16.59 2% 16.93 2% Engineering Aide Itt 17.31 17.31 0°% 17,66 2% 18.02 2% Field Repairman /Insp 1 17.08 17.08 0% 17,43 2% 17.78 2% Field Repairman /!lisp It 47.31 17.31 0% 17.66 2% 18.02 2% Field Repairman / Insp 111 17.52 17.52 0% 17.88 2% 18.24 2% General Laborer 14.51 14.51 0% 14,81 2% 15.11 2% Group Leader - Wa�er Works 17.25 17.25 0°% 17.60 2% 17.96 2116 Heavy Equipment Operator! 17.06 17.06 0% 17.41 2% 17,76 2% Heavy Equipment Operator II 17.68 17.68 0% 18.04 2% 18.41 2% Janitor 14.61 14.61 0% 14.91 2% 15.21 2 ° / Job Leader 17.97 17.97 0% 18.33 2% 18.70 2 Machinist 17.31 17.31 0% 17.66 2% 18.02 2% Maintenance Tech - helper 14.92 14.92 0% 15.22 2% 15,53 2 °1° Maintenance Tech 1 15.88 15.88 0% 16.20 2% 16.53 Maintenance Tech 0 16.32 16.32 0% 16.65 2% 16.99 2% Meter Serviceman :0 15.55 15.55 0% 15.87 2% 16.19 2% Meter Serviceman U 16.15 16.15 0% 16.48 2% 18.81 2 Operator 1 15.29 15.29 0% 15.60 2% 15.92 2% Operator 11 15,60 15.60 0% 15.92 2% 16,24 2% Operator fit 15.92 15.92 0% 16.24 2% 16.57 2% Payment Processor - Lead 14.82 14.82 0% 15.12 2% 15,43 2% Utility, Operator 14.63 14.63 0%1.. 14.93 2% 15.23 2 °% Note(s) 1 Wage rates are base rates per hour of work 2011 safa /j ord#wnre Teamsters wage rates.xfa Pape 3 0 3 Substitute Bill No. 89 -10 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTION CHAPTER 18, ARTICLE 1 OF THE SOUTH BEND)WUNICIPAL CODE ENTITLED STREETS AND SIDEWALKS REQUIRING THE REMOVAL OF SNOW AND ICE AND AMENDING SECTION 2 -213 ENTITLED SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the current regulations dealing with the removal of snow and ice on sidewalks were last amended in 1982. Since that time, it has become apparent that safety concerns require that those regulations need improvement. The following ordinance is designed to assist in the safe passage of pedestrians when using sidewalks located within the City of South Bend, so that snow and ice would be removed in a routine and timely manner. The proposed changes include provisions for limited exceptions to address potential hardship situations for individuals who have been issued a valid mobility handicapped parking permit by the Board of Public Works. In limited situations, the ordinance would enable the Board of Public Works to coordinate with the Community Campus Advisory Coalition (CCAC) for the development and implementation of a volunteer student program who may assist in removing snow and /or ice for such individuals experiencing a hardship and having such a permit. The Common Council has received complaints with regard to potential unsafe areas because of snow and ice, especially in highly traveled areas near schools and Iibraries throughout the city. The proposed regulations would be in addition to the regulations codified in the South Bend Municipal Code in Chapter 20, Article 7 which address snow removal conditions when declared by the Mayor. This ordinance is believed to be in the best interests of the public health and safety interests of the South Bend residents and visitors to the city.. " p_r1wmr,d by the Common Council of the City of South Bend, Indiana, as follows: Section 1. Chapter 18, Article 8, Sections 18 -7, 18 -8 and 18 -12 of the South Bend Municipal Code are hereby amended to read in their entirety as follows: Sec. 18 -7. Removal of Snow and fee From Sidewalks Required. (a) It shall be the responsibility of the property owner or the occupant of any building abutting or adjacent to any public sidewalk bordering such property to remove any snow and /or ice which accumulates on such sidewalk or which obstructs such sidewalk to the fall paved width of the Snow and/or Ice Removal Ordinance Page 2 sidewalk within twenty -four (24) hours after such snow and/or ice has fallen or accumulated thereon. (b) Ee) In the event that an owner or occupant who has been issued a citation for failure to remove snow and /or ice as required in this Article, the City may, after determining that the area needs immediate attention, remove or clean such snow and /or ice or cause it to be removed. The owner or occupant shall be responsible for all costs incurred for such removal. If the owner or occupant fails to pay the costs within thirty (30) days of the date of invoice, the outstanding balance shall incur interest fees of ten percent (10 %) per annum. If the outstanding balance is not paid in full within sixty (60) days of the date of invoice, the City Attorney's Office shall take legal action to recover and collect the same, with reports of such action being sent to the Ordinance Violations Bureau on a regular basis. Sec. 18 -8. Limited Exceptions - Volunteer Snow Removal Program Authorized for Individuals Issued a Valid Mobility Handicapped Parking Permit or Those Having a Disabilily Determination by a State or Federal Agency.' (a) Any property owner or occupant who lives in a residentially zoned area which abuts or is adjacent to any public sidewalk which borders such property and who has been issued a valid mobility handicapped parking permit by the Board of Public Works pursuant to Article 9 of Chapter 20 of the South Bend Municipal Code or any individual who provideswritten verification of disability issued by the Social Security Administration or the State Medicaid Eligibility Office may qualify for a hardship exception to the requirements of Section 18 -7 of this Code. (b) The Board of Public Works or its authorized agent shall coordinate with the Community Campus Advisory Coalition (CCAC) for the purposes of coordinating a volunteer student program to assist in the timely removal of snow and ice from sidewalks located as further addressed in this paragraph. The addresses which have a valid designation of a space for parking privileges authorized under the City's Mobility Handicapped Parking regulations codified in the South Bead Municipal Code in Sections 20 -110 through 20- 113.4; and any addresses of individuals who have provided appropriate written verification of disability issued by the Social Security Administration or the State Medicaid Eligibility Office to the Board of Public Works shall be considered for qualifying for a hardship exception, once the volunteer program becomes effective. Sec. 18 -12. Enforcement and Penalties for Failure to Remove Snow and/or Ice. (a) The Police Department, Department of Code Enforcement and other officials designated by the Board of Public tx Safety shall enforce the provisions of this Article. When- any authorized Indiana Code 36 -9 -6 -6 addresses the powers of the Board of Public Works over sidewalks. Snow and/or Ice Removal Ordinance Page 3 enforcement official finds that a violation of Section 18 -7 has occurred, an ordinance citation shall be issued to either the Drop e owner or occupant resulting in a fine of not less than fifteen dollars ($15.00) for the first violation, and not less than twenty -five dollars ($25.00) for each violation thereafter. (b) Each day that a violation is in effect shall constitute a separate offense for which a citation may be issued. (c) In addition to the citation procedure, the City Attorney's Office shall be charged with recovery and collection of any costs incurred by the city from such violator(s) as further addressed in Section 18-7 of this Code. Section 11. The "Schedule of Ordinance and Code Violations" set forth in Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code is amended to read as follows: 18 -7 Snow and /or ice removal from sidewalks $15.001$25.00 Statistical Compilations on the status of any ordinance citation issued for a type of shall be summarized n..a re ort on last business day month Said reporttshall r°. idea, _ _ Attorney's _ ........_.p ......,.. .............Y_ P P ovide as much statistical information as possible citing the South Bend Municipal Code Section violated, the type of violation the amount of the unpaid penally, the action taken by the City Attorney's Office and the current status of amount collected whenever possible. Said r ort shall be filed with the Ordinance Violations Bureau in the Office of the City_, Clerk and sent to the Chairperson _of the Council's Health and Public Safety Committee. Section III. Severability. If any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and legal publication. Council Member Ann Puzzello, Vice - Chairperson Health and Public Safety Committee Council Member Thomas LaFountain, Chairperson Personnel and Finance Committee Snow and/or Ice Removal Ordinance Page 4 Council. Member Al "Buddy" Kirsits, CCAC Chairperson South Bend Common Council owm /• John Voorde, City Clerk J��Q�nirf rr% by me to the Mayor of the City of South Bend, Indiana on the 2010, at o'clock an, Janice Talboom, Deputy City Clerk C?S'X{�a�n�rr�r�l rr.iz�ri by me on the day of at o 'clock M. 9 sr READING -1 —ice PUBLIC HEARING 3 rd READING NOT APPROVED PEFERPED PASSED Stephen J. Luecke Mayor of the City of South Bend, Indiana day of 2010, Rind In Clien t's Office 5 2011 ,60U Tg 8 City ®f South Ben Common Council ISbS 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter January 5, 2011 President (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin.gov Oliver J. Davis The South Bend Common Council Vice - President 4th Floor County -City Building South Bend, Indiana 46601 Ann Puzzello Chairperson, Committee Re: Substitute Bill No. 89 -10 of the Whole Snow and Ice Removal Regulations Derek D. Dieter Dear Council Members: First District Henry Davis, Jr. We have received recommendations from the City Administration which would Second District further strengthen and improve our proposed snow and ice removal regulations filed on November 7, 2010. Thomas LaFountain Third District We are therefore filing Substitute Bill No. 89 -10 which include changes as follows: Ann Puzzello Fourth District Sec. 18 -7 Strikes paragraph (b) regarding sand and /or salt and re- letters (c) to (b) David Varner Fifth District Sec. 18 -8 Adds to the limited exceptions individuals who provide written verification of disability issued by the Social Security Administration Oliver J. Davis or the State Medicaid Eligibility office Sixth District "Buddy' Sec. 18 -12 Changes Board of Public Works to Board of Public Safety Al Kirsits At Large Adds that the ordinance citation shall be issued "to either the property owner or occupant" At Large Timothy A. Rouse Sec 2 -213 Clarifies that the report is a statistical compilation with additional data being provided whenever possible by the Legal Department Karen L. White At Large We believe that through good public awareness campaigns which focus on the public safety concerns and the need to remove snow from public sidewalks, that pedestrian safety will be enhanced. We seek your support. Thank you. Sincerely, Council Member Ann Puzzello, Vice- Chairperson Health and Public Safety Committee January 5, 2011 Cover Letter to Substitute Bill No. 89 -10 Page 2 Council Member Thomas LaFountain, Chairperson Personnel and Finance Committee Council Member Al `Buddy" Kirsits Community /Campus Advisory Coalition Chairperson Attachment H d p� yi.J[�E,7l S�L'i1�Sli� RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIA_ NA, COMMONLY KNOWN AS roll TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL. PROPERTY TAX ABATEMENT FOR G.H.S. CORPORATION d/b /a GHS STRINGS WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 6879 Enterprise Drive, South Bend, Indiana, and which is more particularly described as follows: Lot lettered "C" as shown on the recorded plat of Olive Road Commerce Park Section Two, first replat recorded January 22, 1999 as document number 9903188 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Number 25- 1011 -0187 a/k/a 71- 03 -19- 300 - 005.000 -009, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sew.; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under T.C. 6- 1.1 -45 for the same property. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. .L- V3 - 0'. ' . \ Member of the Common Ccil 1 :s t,mL �+DL��Si`Gr:SexY(.'6Y �A'G¢ uii -'art acJ'a3d�lt�,� •ya.. err Ai _.. .. t.,.Y �,,�k.u�,.Y� 1!'�.f �;����,� eD. R. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ,' AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR SBG REALTY, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 3849 Showerlux Drive, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St, Joseph County, Indiana which is described as: Lot # l0A as shown on the plat of "H.G. Baus Centre -Phase One First Replat" subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. 'Subject to all legal highways, easements and restrictions of record, and which has the Key Number 71 -03 -21 -300- 001.000 -009, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et s_q., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et SeMc ., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to eight (8) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common CZ-11 0 tl�j_i r 11 114 NOT 1200 COUNI°Y -Ciro BUILDING 227 W JEFFERSON BOULEVARD Soum BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAx 5741235 -9021 CITY OF SOUTH BEND STEPHEN J. LUFCKF., MAYOR OMMUNITY & EcONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXFCUTIVE DIRECTOR December 28, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: SBG REALTY, LLC Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition from the above - referenced Petitioner for property they intend to purchase that is identified as vacant Lot I OA HG Baus Centre Phase One First Replat. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, SBG Realty, LLC, proposes to construct a 50,000 square foot manufacturing facility for one of the Petitioner's tenants which will be South Bend Gear, LLC. A representative of the Petitioner will be available to meet with the Committee on Monday, January 10, 2011. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9278. Sincerely, Z�K" Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. METER DONALD E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIzABETH LEONARD PAX: 5741235 -9469 5741235 -9371 1240 CouNTY-GTYBUILoiNG 227W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574! 235 -9371 FAx 5741235 -9021 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ECONOMIC EVELOPMENT .JEFFREY V. GIBNEY ExEcUTIVE DIRE,CCOR ! 1 P. 1 I:l TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: SBG REALTY, $ q LLC DATE: December 28, 2010 On December 28, 2010, a petition for real property tax abatement consideration for property identified as vacant Lot10A HG Baus Centre, Phase One First Replat was filed with the City Clerk by SBG Realty, LLC. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY SBG Realty, LLC intends to construct a 50,000 square foot manufacturing facility which will be leased to South Bend Gear. South Bend Gear is a joint venture between Schafer Gear Works, Inc. and Somaschini North America, Inc. formed in order to supply timing gears for Detroit Diesel Corporation which is a subsidiary of Daimler Corporation. The estimated cost of the building is $2,100,000. In subsequent phases, the size of the building may be doubled. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5 741235 -9660 5741235-9371 ELIZABETH LEONARD FAX: 574/235 -9469 5741235 -9371 RE: Tax Abatement for SBG Realty, LLC December 28, 2010 Page 2 Assuming an eight -year abatement term is approved, the total taxes to be abated during that term are estimated at $233,063. Total taxes to be amid during the eight -year term are estimated at $267,464. Per the petition, it is estimated that the project will create 12 new, permanent full -time positions in year one growing to an expected 26 positions by year two. The new annual payroll in year one will be $605,000 growing to an expected payroll of $1,300,000 by year two. 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with one (2) previous tax abatements. Term /Type Resolution No. Date 7 -year real property 3540 -08 3/10/2008 5- year real property 4036 -10 7/12/2010 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for up to an eight -year real property tax abatement under Section 2 -79, Industrial Development in the City -wide District. " Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 28- Dec -10 SBG Realty, LLC Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub -total Project Related: 0 120 2. Super Size Projects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399% Y 65 65 D. 400% and Over Y 52 52 Sub -total Super Size Projects: 210 210 1 Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. lndependent Contractc Y 19 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub -total Construction Related: 119 141 4. Wage & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub -total Wage & Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs N 0 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 77 152 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26 -50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76 -100% of Extension Cost N 0 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 530 1000 " Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. SSG Realty, LLC Additional Years of Abatement Multi-family, Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 530 Base Years of Abatement 3 Additional Years of Abatement: 5 Total Years of Abatement: 8 CITY OF SOUTH .. . The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6- 1.1- 12.1 -1, et__seq., and South Bend Municipal Code Sec. 2 -76 et seq., for this petition states the following. 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: Development of a site on the NW corner of South Bend, IN as a joint venture between an established South Bend business and a very mature, family owned Italian company. The company formed in this joint venture will produce engine gears for the heavy duty Class 8 on Highway truck market in North America. The building will be over 50,000 square feet in its first phase in what could be three phases eventually doubling the initial size. This project allows Schafer Gear Works to grow and expand in the South Bend area, while creating new jobs and adding economic activity to the area. Land Size 5.54 acres; Building Size 50 666 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): The business will turn raw material (forgings) into gears by machining and heat treating the metal. The customer is based in Stuttgart, Germany, but the product will be shipped to their subsidiary in Detroit, Michigan. (Rev 10/23/06) 3. Estimate the dollar value of the project (excluding land): $- J2,1 OOt000 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: 52 700 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST ( %) SBG Real1y,LLC 5440126"' Street South Bend IN 46635 100% (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS ! Te /n) South Bend_ Gear, (Tenant) 3$,49, Showerlux Drive, South Bend, 46628 6. The commonly known address of the Property is: 3849 Showerlux Drive South Bend 46628 7. The Key Number(s) of said property is: 71- 03 -21- 300 - 001.000 -009 8. A legal description of the above address is attached hereto, marked AExhibit A,@ and incorporated herein,Lot IOA HG Baus Centre PH ,One V IMP 9. A map and/or plat describing the Property is attached hereto, marked AExhibit B,@ and incorporated herein. (Rev 10123106) 2 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked AExhibit C,@ and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 12 new iobmear 1 growing to an expected 26 by year 2 full -time and 0 part -time permanent jobs within the first year, representing a new annual payroll of $ $605,000 on year 1 g rc owinq_to an expected $1,300,000 by year 2 and will maintain 0 existing permanent full -time and 0 existing permanent part -time jobs including existing permanent full -time minority employment of 0 and existing permanent part -time minority employment of 0 with an annual payroll of $ 0 . This company is a new JV and there is no_existing employment from this specific entity. 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): Hourly Annual pay will approximate $38,480. General Manager Annual pay will approximate $120,000 Engineer Annual pay will approximate $100,000. 13. Provide current employment wage information including; base rate, cast -of- living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements (average hourly rate or range): This is anew JV_and there are no _existing positions. Full -Time Part -Time Laborers $ $ Technical $ $ Managerial $ $ Administrative $ $ 14. Indicate whether your company provides the following benefits (use YIN): Yes Health Care Benefits Yes Pension Plan Yes Employer Provided Training (recognized or certified train ingleducational courses or programs) (Rev 12/29/06) No Day Care (provide or contribute to the cost of child day care for its employees) No Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) No Employer- Assisted Housing Program (provide an employer - assisted home ownership program) No Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic [development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year 2010 2009 2008 2007 2006 (this inform 9531) Real Property Taxes _ $1.881.42 _ $2.110.69 $6,279.20 $6,002.14 _ $4,282.62 ation may be obtained from the St loll: ��.. 0.00 $0.00 0.00 oM Q.00 Joseph County Treasurers office 235- 16. Please list the number of full -time and part-time minority employees for each of the last three years: This is a new JV and there are no existing positions. Year Full Part Full Part Full Part Black Hispanic Asian Indian Other 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plant; 4 (Rev 12/29/06) As -positions become available and hiring begins all positions will be filled without regard to race, creed, or color. 18, Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for information on this section). No Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. No Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. No Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department No Pays for the cost of cleaning up a ABrownfleld,@ which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. No Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): It is not. 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? It does not directly as a business. 5 (Rev 12129106) 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): No infrastructure is in place and presently not utilized. 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: 679999{}5- Real Estate Investors 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 333612 27. The current use of the Property is Vacant Land and the current zoning is Light Industrial (This information may be obtained from the Building Department 235 - 9554). 28. Has your business been granted previous tax abatement(s)? If yes, please (Rev 12/29/ 06) provide type (real and/or personal property) and date of approval. Not this entity itself, but related real estate projects: A 7 Year Real Property Tax Abatement, March 11, 2008 (resolution 3840 -08) for 7055 Cleveland Road. A 5 Year Real Property Tax Abatement, July 12th, 2011 (resolution 4036 -10) for Invacare Corporation at vacant lots 14 and 15 of Blackthorn West Industrial Park. 29. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. None. 30. The following person(s) should be contacted as Petitioner=s agent regarding additional information and public hearing notifications: Name: Ryan Rans Address: 54401 26«' Street City, State, Zip: South Bend, IN 46635 Telephone: 574 - 247 -6092 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. 7 (Rev 12/29/06) Name:_ Mary Howie_ Address:_ 4701 N mtz Parkway City, State, Zip. South Bend,IN� Telephone: 574 -234 -4116 x230 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein. hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): r SBG Reatly, LLC (Signed Name) Ryan Rans Managing Member (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) S (Rev 12129106) 00 0) O CD a � _ v O CD 00 o c Z � rn J�k CL D W = (D m � 0 N (D 0 Z CD m n Q) Cil y a3Cb� O Z3 O ono 0 rn a2) MN70 N O w 5) W w Ci 0 = Q CD. � -a to c cD � C) C CO Z D- O (D O X� D `C 0 0 QC 4 Oj a O 0 0 (DD xsu_4w 0 0 � C/3 - O - D ,°o p � C N n E. CLh� O Ca rn N. Cn w � c) N 0 N 00 0) O CD a � _ v r- 0 0 2) V C� Cr � W N � C•i O O W [> C O W to "0 OT (D C) cn NC�0� 0� p�NpEfl w�c �.wwrn -� `o E3oo N: 0Ww os- mod '0 000c�' ch � M3c_a0)0rv° °o °0�c' CD 0 p p -0 -- O (7 O CA O CD a -0 -ti C ._. Cp w � CD (D Co (D Q cZ PL =. O Z Z T i 3 o z -°` °a 4.11 O CD 00 m CD Z Z a rn J�k CL D W = (D m � 0 Can cch ch � CD r m m 2) Z CD m n �t a cn O Z3 O ono to -A .A FT O 0 w Cn iu W w 00 � -a to c cD � C) C CO 00 (D O o 0 _� cn O 0 0 0 ® C) 0 a O 0 0 W CD 0 0 C7. Z r- 0 0 2) V C� Cr � W N � C•i O O W [> C O W to "0 OT (D C) cn NC�0� 0� p�NpEfl w�c �.wwrn -� `o E3oo N: 0Ww os- mod '0 000c�' ch � M3c_a0)0rv° °o °0�c' CD 0 p p -0 -- O (7 O CA O CD a -0 -ti C ._. Cp w � CD (D Co (D Q cZ PL =. O Z Z T i 3 o z -°` °a 4.11 rn 4�L cn a M ' w 0 O 0) m CD Z Z a rn 0 O o �D CD O X (D a• o (p 0 0 IE CD CD rn 4�- to a �t a cn 0 to -A .A = �D' O O a a w W w po W w 00 � -a to c cD � C) 00 cs o o 0 Co 0 rn 4�L cn a M ' w 0 O r m CD —i 0 o - N M m � K CD N o ;° U¢ �? cn o 0 O o �D CD O X (D a• o (p 0 0 IE CD CD m � to a �t a cn 0 to -A .A = �D' C m O a a (7 o CD W w po W w 00 0 a a -a to c cD � C) c3 O cs o 6 �' 4A N ao rn � o J � �.69 ao m � to a �t a cn co CD to -A .A Iv 4h, 0) O a a O a a (7 o CD W w po W w 00 0 a a -a to c cD � C) c3 O cs o o 0 Co 0 0 0 0 ® C) 0 a O 0 0 0 O 0 0 p p ,°o p a O O fp h c CD Ci 'C 9 CL O CD [D C � h Q v q ro CD h CL �n cv o � o � a o o✓ w gnu CD Yl 14 CD o � o ti O o. r, N N Q O� 0 o UJ z a z r= o O D cn rn 0) 4 0o w 00 0 in fD 0 0 ° o 0 0 7d CD 00 Z 0 N W O �a - 0 ° O ea c dpi mv�0 cr 0 ® t.j cs 1,, C) Cr 0 � m � -0 -J, -' O p Q c (P cn O p O rQ O o (D CD X0 0) En cl, (D Z 4�- c.�. = a 0 C p o a, CNo p� (j' G CD G+ O N 0 v r- 0 r- N O n w C7 O Z ps rr . CD n �Z CnCpEL - U) IKXU)99 =� O �- O =r O 0 O =. O 0 '0 O CL Ay C5 `.e a� `C �' �' CD CO 0 !? � 0' w n �� � 0)M 7 W p 37 — C CD Lo O � �-• �Z1� NE �� Lon N h �v r 0, 0 CD o w CD * C o CD � 00 0) N W CL N - A' ° O ea o a Q ® t.j cs 1,, C) OD -L � co 4 -J, -' O p Q A 0 O (P cn O p O rQ O o 00 4 o co "O o O CD c.�. = a O m C p o a, CNo p� (j' G CD G+ O CD CD (D N N CD N CD N N VY V7 V1 N (n N (A U) VS V! z z Z -< Z z z CL � = - 3 A' o CD r� CD o ¢ ;n� CD C.4 ,::, CD c.�. = a O m C p o a, CNo p� (j' G CD G+ M C' m iii 0 �+ CL i�. P a' CD CO .� .� p �+ a., WD (�1 Cl' O a '-< �+ O 1 C W• W• CEi n e^, O O VJ O o i ®� O �_ i A CD a O (D �. p 0 c � � s5 c�D o � CD CD G CL T N 0 . C CD fD 0 cr p � CAD .0 O < CY CD p * ^ o C a 9 �3' mCD 0 O .4 CD C O CCD V 7 / \ � c � @ � _ §0 �/ So z2 CD Dc CD � CD X\ �( 0 _ OC:)� g ��� LEGAL DESCRIPTION THIS REAL ESTATE IS COMMONLY DESCRIBED AS: VACANT LAND NORTH OF AND ADJACENT TO 4701 NIMTZ PARKWAY, SAID PROPERTY HAVING FRONTAGE-ON SHOWERLUR DRIVE, .SOUTH BEND, INDIANA 46628 AND IS LEGALLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST' QUARTER OF ,SECTION 20 AND THE SOUTHWEST QUARTER OF SECTION 21, BOTH IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT $# 10A AS SHOWN ON THE PLAT OF "H. G. BAUS CENTRE -PHASE ONE FIRST REPLAT" SUBDIVISION RECORDED BY DOCUMENT NO, 0746267 IN THE RECORDS IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. CONTAINING 5.54 ACRES MORE OR LEESS, SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTION'S OF RECORD, R j fI f C u(Mill) 080-0 -01 rg' x g 141 R' °g�p 8g�t °RYe ff 3eyg �x�e �aN � x D e O n o T \� W lsY" � � ➢`Al de IAp a ;iI Ill a . '1 9�lli! $ggy 3EgRESSRRj g 1�RS IS 7, i i n n R F Y R E 4 R j fI f C u(Mill) 080-0 -01 rg' x g 141 R' °g�p 8g�t °RYe ff 3eyg �x�e �aN � x D e O F 1 g 1� Ills ff!!) It f L 9 qf R'y (- �s 9 f --i L7 � AE p d pC m O p O s Z V1 6J � � N = Q O O C_ �ma ^N �y r ul .-fir n o T \� W F s m i n n R F Y R E 4 F 1 g 1� Ills ff!!) It f L 9 qf R'y (- �s 9 f --i L7 � AE p d pC m O p O s Z V1 6J � � N = Q O O C_ �ma ^N �y r ul .-fir CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2 --83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. South Bead Gear LLC Petitioner's Name Ryan Rans of Great Lakes Cal2ital Development Agent's Name Acting on Behalf of the Petitioner Ryan Rans Contact Person 54401 26th Street Street Address South Bend, IN 46635 City, State, Zip Code 5 74-- 247 -6092 Business Telephone Number Signature of Petitioner We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below), The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes 0 No 2. Residentially distressed areas D Yes ❑ No 3. Occupancy of a vacant building ❑ Yes [l No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years" (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) I Telephone number Date signed (month, day, year) Attested by (signature and title of attester} Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under tC 6 -1.12- 12.14. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Deputy Director Phone 574- 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574- 235 -9873 December 21, 2010 Councilwoman Ann Puzzello 4`h Floor County -City Building South Bend, IN 46601 Re: Draft of Amendment to Section 21 -01.03 Non - Conforming Lots, Uses, Buildings, Structures or Signs. Dear Mrs. Puzzello: On behalf of the staff s of the Area Plan Commission and the South Bend/St. Joseph County Building Department, I am pleased to submit the draft of the above referenced Section 21 -01.03 of the Zoning Ordinance. A new subsection {b} has been added which outlines the process and criteria for an owner to certify a legal non - conforming status for their property. in addition to the suggested change to the zoning ordinance, also attached is the documentation that will need to be submitted by the property owner, and that will be reviewed by the Building Department. Any change to the text of the zoning ordinance will need to be referred to the Area Plan Commission for its review and recommendation, and then forward back to the Council. If you have any questions, please don't hesitate to contact me. SZer L gli zzi' Cc: Cathy Cekanski- Farrand 3 E10 CITY Cl, Serving South Send, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, SECTION 21 -01.03 NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, TO ADD A NEW SECTION TO PROVIDE FOR CERTIFICATION OF LEGAL, NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. Now that the ordinance has been in use, it has been determined that it is desirable to add a section to the ordinance to provide for certifying legal nonconforming lots, uses, buildings, structures and signs. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows.: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Basic Provisions, Section 21 -01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, is hereby amended as follows by replacing sub - section (b) with the following, new sub - section (b), an re- lettering the remaining sub- sections: (b) Certificate of Nonconforming Use. In order to protect the lawful nonconforming status of a nonconforming lot, use, buildings structure or sjo, a person who owns or operates said noncon ormin lot use buildin structure or sign may request a Certificate of Nonconforming Use from the Zoning Administrator on forms available in the St. Joseph County / South Bend Building Department. The applicant shall bear the burden of proof to demonstrate that the use is a lawful nonconforming use prior to the issuance of the Certificate of Nonconformina Use. Submitted materials shall include, but not be Iimited to the following: (1) an application, on a form established by the Zoning, Administrator, (2) a fee, as established in Title 6 of the South Bend Municipal Code, (3) proof of continuous use per Section 21- 01.03(8), including but not limited to: leases, tax records dated photographs, utility bills efty directoCy listings, historical ads building permits, etc —and any other information deemed appropriate by the Zoning Administrator to determine the use as a lawful nonconforming use, and for the proper administration and enforcement of this Ordinance. E:IORDINANCESIZoninglSouth BendlDrafted AmendmentslAMD -TO- NEW -ORD NON_CONF.doc 061 to L2 (e) (e) to (d) wtow (e) to iL (f) to (9) to (h) (h) to Q, (i) to al (j) to LkI (k) to M to (M) (M) to (n) (H) to j!21 Section H. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Y Member of the Common Council F Attest, and City Clerk sound acWk, an hits 11U,4411, Presented by me to the Mayor of the City of South Bend, Indiana on the day of 32011, at o'clock .—m. City Clerk Approved and signed by me on the day of 2011 at o'clock . M. F! Office Mayor of the City of South Bend, I ian st READING 'u,"LIC H'EARING 2010 r u f '- 1-,t� ;OT R Is RED. ASSED SOUTH BEND / ST. JOSEPH COUNTY BUILDING DEPARTMENT ST. JOSEPH COUNTY, INDIANA Submission Requirements For Any current use of a parcel of land that is not permitted by the current zoning regulations applicable to that parcel is considered a "non- conforming use." The burden of proof is on the applicant to prove that the existence of the use on the property pre -date the zoning ordinance section which now prohibits that use on the property. Prior to submittal, an applicant is encouraged to become familiar with either Section 21 -01.03 of the South Bend Zoning Ordinance, or Section 154.045 of the St. Joseph County Zoning Ordinance. REQUIRED SUBMITTAL MATERIAL All of the following material is require to be submitted. Applications submitted without the required material will not be reviewed. I. One completed Application signed by the owner of the subject property, or an authorized agent, 2. Non - refundable ding fee of $50.00, payable to the South Bend/St. Joseph County Building Dept. SUGGESTED SUPPLEMENTAL MATERIAL The following sources may yield important information about land use history and should be submitted. It is the responsibility of the a_p pant to provide sufficient evidence to establish a legal nonconforming use. The determination will be based on all information submitted. 1. Detailed site plan, drawn to scale, noting all buildings and improvements on the property. A current survey may be used. 2. Zoning base maps. Copies of the current zoning base map and previous base maps are available in the offices of the Area Plan Commission. 3. .Polk Directory pages and /or Haines Directory pages. Reproduce information found in Polk Directory pages and/or Haines Directory pages pertaining to the address of the property under consideration. Highlight or underline the information, and include the year. 4. Township Assessor property cards. This information may be obtained at the Assessor's Office for the township in which the parcel is located. Assessors have cards from assessments from previous years. Submit cards for all years available. &IAPCAdministrativeTForms & Templates44pplrcationslSB Nonconforming Use Application Form,doc 5. Variance/Rezoning petitions. Information on variances may be obtained through the records of the South Bend/St. Joseph County Building Department. Helpful clues may be obtained by checking zoning petitions for adjacent properties. Information on zoning petitions may be obtained through the records of the Area Plan Commission. 6. Improvement Location Permits, building permits. This information may be obtained at the South Bend/St. Joseph County Building. 7. Historic Preservation Commission documents. For those properties located within a locally designated Historic Preservation District, the records and collections of the Commission may provide useful historical information regarding the use of the site or its improvements. 8. Recorded instruments or documents. Recorded documents are located in the Office of the St. Joseph County Recorder, 3rd Floor County -City Building. Include any documents that relate to the history of the use of the property, such as contracts and liens. 9. Sanborn Fire Insurance Maps. The Sanborn maps are available only for properties located within the original city limits of South Bend. These maps give detailed information about lots and land use. These maps are available in the offices of the Area Plan Commission. 10. Floor or building plans (original/as- built, historic, current) with verifiable date. 11. Licenses (Liquor, Merchant, etc.). Include any documents that relate to transactions that have occurred on, or in regard to, the affected property at any time since the use began. 12. Business records. Such as rent receipts, financial records, tax statements and property insurance statements. IRS tax filings may be an important source of information. Financial amounts may be blackened out for privacy. 13. Utility Bills (such as utility, construction, etc.). This information may give insight as to when a non- conforming use began and may be available from utility companies, current or former tenants, or creditors. Financial amounts may be blackened out for privacy. 14. Photographic evidence, This may include newspapers, periodicals, publications, aerial photographs, or other image documentation. Photographs have limited value unless a verifiable date is included. 15. Affidavits. Written affidavits from neighbors, present or past property owners or tenants, or anyone who may have knowledge of the non - conforming use, are used to supplement primary evidence. These affidavits must be notarized, legible, and include the telephone number and address of the affiant. As a alternative, each person may fill out a copy of the Real Estate Affidavit provided along with the LNCU application. This Real Estate Affidavit must be notarized. (Indy has a nice form). E: UPCRdministrativelForms & TemplatesUpplicationslSBNonConforming Use gpplication Form.doc SOUTH BEND I ST. JOSEPH COUNTY BUILDING DEPARTMENT ST. JOSEPH COUNTY, INDIANA APPLICATION FOR CERTIFICATE OF LEGALLY ESTABLISHED NON - CONFORMING USE efffffmmeeemraeemmaammmmemmffareeaeafmmaefaef® rerfmraffeemere eemmaeeenameeffeaeamfarmamfi 1. Address of Subject Property: 2. Legal Description: Subdivision: 3. Tax ]Key Number: Lot#: (If metes and bounds, provide copy of the deed; or a separate description) 4. Applicant's Name: shall he the Owner of the subject property) 5. Applicant's Address: 6. Email: 7. Current use of the oroperty: a. primarily commercial (retail) use b. primarily business (office) use c. primarily industrial use d. primarily residential use: multi- family group residence single family a Phone: Fax: Zip Code: Detailed description of propeM use: E: L4PC AdministrativelForms & Templatesl4pplicationsISB Nonconforming Use Application Form.doc (Applicant APPLICATION FOR CERTIFICATE OF LEGALLY ESTABLISHED NON - CONFORMING USE (Continued) 8. Zoning History. a. Current Zoning: b. Previous Zoning: Since: 9. Variances & Special Exceptions granted by the Board of Zoning Appeals: 10. wilding Specifics. a. Date of Construction of building: Date of Conversion: b. Since what date has this building been used for the CURRENT USE: 11. Are utilities still connected? Yes No Unit# : Yes No ; Unit# : Yes No ; Unit# :Yes No ; Unit# :Yes No If multiple units, this must be answered for each unit. Unit# Yes No Unit# Yes No ; Unit# Yes No Unit# Yes No , eeAmwerraear�snm�erwd���, a• reeen�rer���s�c®■ e�o�w�seeame�soarma ®�� ;�ssmntersReeer�w�etsaaoni REVIEW AND APPEAL The Zoning Administrator will review the application including any and all supporting documentation provided. AC ertificate of Legal Nonconforming Use will be issued where such use has been determined by the Zoning Administrator to be in compliance will all ordinances. In review of this application, the Zoning Administrator may also review any additional information that may come to his or her attention such as permits, contacts with existing tenants, and any citizen comments. Such information will be shared with the applicant. Denial of the application by the Zoning Administrator may be appealed to the Area Board of Zoning Appeals. NOTARIZATION: State of Indiana, County of St. Joseph, SS t, (print name) being first duly sworn, deposes and says that I am the owner of the afformentioned property, and that the information set forth in, and attached to, this application, is /are true and correct to my best knowledge. Signature of Affiant Subscribed and sworn to before me this day of Zp Notary Public: E.'UPCAdministrativelForms & Templates 44pp1icationsMN- Confortning Use Application Form. doe CERTIFICATE OF LEGAL NON - CONFORMING USE NCU Case # 1, Charles Bulot, Building Commissioner of the South Bend / St. Joseph County, Indiana Building Department, and Zoning Administrator for the South Bend and St. Joseph County Zoning Ordinances, have reviewed the Application for Certificate of Legally Established Non - conforming Use submitted by concerning the following real estate: Address: Legal Description: Tax Ivey Number: Upon the authority granted by the respective zoning ordinance, I hereby issue the Certificate of Legal Non - Conforming Use as to the following use: As of the date of issuance of this Certificate, the nonconforming use described in bold type, above, is deemed to be legally established. This certificate may be rescinded if the information provided by the applicant is discovered to be false, or new information is brought forward. In addition, the above recognition does not limit or restrict the right of the Zoning Administrator to initiate zoning enforcement if the nonconforming use is abandoned, enlarged or otherwise destroyed in a manner recognized by applicable ordinance or State law; or if zoning violations occur upon the real estate. E; WC AdminlstrativeForms & TemplalesUpplicatlonslSB NonConforming Use Application Form.doc r._ 1140 County -City Building South Bend, Indiana 46601 John W. 8yorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areapIan Fax 574 235 -9813 January 4, 2011 Derek Dieter, President City of South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Floodplain Ordinance Amendment Dear Mr. Dieter: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to correct scrivener errors in the floodplain regulations that were recently adopted by the City and approved by the Indiana Department of Natural Resources on behalf of the Federal Emergency Management Agency. The new regulations and maps will be effective on January 6, 2011. Please place this proposed ordinance on the January 10, 2011, Common Council agenda for first reading. The Area Plan Commission will hear this ordinance on January 18, 2011. If you have any questions, please feel free to contact me. Sincerely, oft _f ace F i 2011 rv... Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO MAKE CORRECTIONS IN ORDINANCE NO. 10037 -10. STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the South Bend Municipal Code, Article 12, Floodplain Regulations to reflect changes in the Indiana Code. The Common Council of the City of South Bend recognizes its duty to enact amendments to the Floodplain Regulations in order to continue to qualify for participation in the National Flood Insurance Program. The Common Council further recognizes that a new study of the flood - prone areas in the City of South Bend, Indiana, has been prepared and published by the Federal Emergency Management Agency, and identifies the floodplains, floodways and floodway fringe areas within the City in conjunction with the National Flood Insurance Program. Now, Therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. That CHAPTER 21, ARTICLE 12, FLOODPLAIN REGULATIONS, be amended as follows: 21 -12 (b) (46) (F) i the wails are designed te afftematieally equalize the hydrestatie flee for-ees on extef-ier- walls. Designs for- eemplying iN4th this fequkemepA must either- square ii+eh for- every ene squafe feet of enelesed efea. T4e beaefn of ed! sue.h. -fiall be no higher- thaft ene (1) feet above gr-ade and shall be leea en e13- b °'e=- the BFE and, the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing_ for the entry and exit of flood waters by providing a minimum of two openings in addition to doorways and windows) in a minimum of two exterior walls having_ a total net area of one 1 square inch for every one square foot of enclosed area. The bottom of all such openings shall be no hi her than one 1 foot above the exterior &mde or the interior grade immediately beneath each opening, whichever is higher and shall . be located entirely below the BFE; and, 21 -12 (b) (69) Regulatory flood means the flood having a one percent (1 %) chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in 21 -12 (c) 2 a) of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood ", "One- Percent Annual Chance Flood ", and "100 -Year Flood ". 21 -12 (c) (9) Penalties for Violation. Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for South Bend, Indiana. All violations shall be punishable by a fine net °x -eeed ag: See Section 21 -10(h) Enforcement - Fines for a schedule of fines. 21 -12 (d) (2) (A) vii. Description of the extent to which any watercourse will be altered or related relocated as a result of proposed development, and; 2I -12 (d) (3) (C) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to Seetien (e) (5) afi (e) (7) _ (A) Section 21-12(e)(5) and Section 21- 12 (e)(7) {A) of this ordinance, and maintain a record of such authorization (either copy of actual permit or floodplain analysis /regulatory assessment.) 21 -12 (d) (3) (I) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Section 21 -12 (d) (2); 21 -12 (d) (3) (J) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with Section 21 -12 (d) (2); 21 -12 (e) (1) (E) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG; Page 2 of 6 21 -12 (e) (2) (A) In addition to the requirements of Section 21 -12 (e) (1), all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations: L Construction or placement of any new structure having a floor area greater than 400 square feet; or 21 -12 (e) (2) (B) Residential Construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 21 -12 (e) (2) (D). 21 -12 (e) (2) (C) Non - Residential Construction. New construction or substantial improvement of any commercial, industrial, or non- residential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 21 -12 (e) (2) (D). Structures located in all "A Zones" may be floodproofed in lieu of being elevated if done in accordance with the following: i. A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate. of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the official as set forth in Section 21 -12 (d) (3) (J). 21 -12 (e) (2) (D) Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade (crawlspaces or under floor spaces) shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must either- be ,,,,i4ifiea by a professional r-eh tec of meet the following minimum criteria: i. provide a minimum of two openings located in a minimum of two exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area; and Page 3 of 6 21 -12 (e) (2) (E) i. The fill shall be placed in layers no greater than i foot deep before compacting to 95% of the maximum density obtainable with the either the Standard or Modified Proctor Test method. 21 -12 (e) (2) (F) iii. Manufactured homes with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade (crawlspaces or under floor spaces) shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section (e) (1) (D) 21 -12 (e) (2) (D). 21 -12 (e) (5) (A) Located within SFHAs, established in Section 21 -12 (c) (2) of this ordinance, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential. If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of IC 14 -28 -1 a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the structure. However, it does exclude non - substantial additions /improvements to existing (lawful) residences in a non - boundary river floodway. (IC 14- 28 -1 -26 allows construction of non - substantial additions/ improvements to residences in a non - boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval (construction in a floodway permit) for the fill is required from the Indiana Department of Natural Resources.) 21- 12 -(e) (5) (B) No action shall be taken by the Floodplain Administrator until a permit (when applicable) has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway has been issued by the Indiana Department of Natural Resources, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Section 21 -12 (e) of this ordinance have been met. The Floodplain Development Permit cannot be less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural Resources. However, a community's more restrictive regulations (if any) shall take precedence. 21 -12 (e) (5) (6) Standards for Identified Fringe If the site is located in an identified fringe, then the Floodplain Administrator may issue the local Floodplain Development Permit provided the provisions contained in Page 4 of 6 Section 21 -12 (e) of this ordinance have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG. 21 -12 (e) (7) (A) iii. Once the Floodplain Administrator has received the proper permit for construction in a floodway or floodplain analysis /regulatory assessment approving the proposed development, a Floodplain Development Permit may be issued provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in Section 21 -12 (e) of this ordinance have been met. 21 -12 (e) (7) (B) (ii) Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Section 21- 12 (e) of this ordinance have been met. 21 -12 (e) (8) Standards for Flood Prone Areas. All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall meet general standards as required per Section (e)(2)(A) through (F) 21 -12 e (1) (A) through (K) of this ordinance. 21 -12 (f) (4) (B) No variance for a residential use within a floodway subject to Sections 21 -12 (e)(5) or Section 21 -12 (e)(7)(A) of this ordinance may be granted. 21 -12 (f) (4) (C) Any variance granted in a floodway subject to Sections 21 -12 (e)(5) or Section 21 -12 (e)(7)(A) of this ordinance will require a permit from the Indiana Department of Natural Resources. 21 -12 (f) (4) (D) Variances to the Provisions for Flood Hazard Reduction of Section 22 1 -- 12 (e)(2) of this ordinance, may be granted only when a new structure is to be located on a lot of one -half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade. 21 -12 (f) (4) (G) Any application to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (see Section 21 -12 (f)(5). 21 -12 (f) (4) (H) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request (see Section 21 -12 (f)(5). 21 -12 (f) (5) (B) Such construction below the base flood level increases risks to Iife and property. A copy of the notice shall by be recorded by the owner in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. Page 5 of 6 21 -12 (f) (7) Special Conditions Upon the consideration of the factors listed in Section 21-12 (f), and the purposes of this ordinance, the St. Joseph County Area Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. Section 2. This ordinance shall be in full force and effect after its enactment, approval by the Mayor, publication as required by law, and made retroactive to January 6, 2011. City Clerk 1 0 -,W f Member, The Common Co il, City of South Bend Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2011, at o'clock m. Approved and signed by me on the at o'clock . M. 1st READO G L� r PUBLIC NOT APPi�0VO REIFERRED PASSED City Clerk day of 2011 Mayor of the City of South Bend, Indiana Page 6 of 6 F if y J� ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5032 MIAMI ST., COUNCILMAN IC DISTRICT FIVE (5) IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property located at 5032 Miami St., South Bend, is currently zoned Single Family Residential and is a rental house with multiple tenants. We propose rezoning the parcel to Office District for the new construction of a 6000 SF single tenant office building for the new home of Indiana Farm Bureau Insurance, St. Joseph County. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 1 Miami - Jackson Roads Minor Sub be and the same is hereby established as Office District. SECTION IL 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. _V), U__ -0 - 01, -4v_ ( Member of the Common Coin it Attest: G000 awvva1 uil i5-5a' City Clerk r � Presented by me to the Mayor of the City of South Bend, Indiana on the day of 3 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 F11 d In 2011 FANG J RE A D J NG JOHN .OT AFPROVkD� CITY B F. \m T), 114. D C!TYCL,!�:<- ,EFERRED PASSED. Date Filed 1/5/2011 Application No. Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 5032 MIAMI ST, SOUTH BEND (NORTHEAST CORNER OF JACKSON & MIAMI) 2) Name and address of property owner(s) of the petition site: KLOPFENSTEIN CECIL W & NANCY C P O BOX 707 North Liberty IN 46554 3) Name and address of contingent purchaser(s), if applicable: ABIGAIL B RENIE 2310 WOLF POINT DR ROCHESTER, IN 46975 574 - 835 -1143 4) It is desired and requested that this property be rezoned from SINGLE FAMILY RESIDENTIAL to OFFICE 5) This rezoning is requested to allow the following use(s): NEW CONSTRUCTION OF A 6000 SF OFFICE BUILDING TO HOUSE THE ST. JOSEPH COUNTY OFFICES OF INDIANA FARM BUREAU INSURANCE 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8%" x 11" format. PETITION PREPARED BY: ABIGAIL B RENIE 2310 WOLF POINT DR ROCHESTER, IN 46975 574 -835 -1143 abby_renicAcomeast.net Signature(s) of All Property owner(s) or Attorne y for all property. Owner (s) CONTACT PERSON: (If different) 01/05/2011 07:49 FAX 5742461005 Pendl Team 8001 /001 "Al" Ultl zui 1/ Iue L,0; 3� rM Lakeshore goaltors FAX No. 6742234646 P. ODI /OD1 j� I aft Filed .„_1 /5/201 Application No, ate roved by the ea Planomxraission (we) the undersign a application to the Common Council of the Czty of South Be Ad, Cana to Iaxncstd the zggyaR G6 aS herein �skad. 1} The property sou to be, roaozmd is located at: 5032 � T, SOUTH ]REND (NORTHEAST CORNM OF JACKSON & l LUvf0 } Name and address f PrOWLY ovc+ner(s) of the petition sites: KL oP>E�NSTnnv "IL W & NANCY C P O ROX 707 North Liberty IN 465 3) Name and address f Confing ani purchaser(s). if applicable: ABIGAIL B 2310 WOLF p INT DR ROCHESTER IN 46975 574 -935 -1143 It is desired =A re4ueated that this property be rezoned from SINCYL. FAMM Y RESIDENTIAL to OFFICE D TW4 ruoniug is ted to allow the following use(s): h1Ei1V' CONST UCTION OF A 6000 5F OPPICS RUiiDM TO HOUSE THE ST. JOSEPH COLINT'Y FPIC£S OF INDIAN FARM BUREAU INSURANCE i Attached is a copy ff (a) legal description of the property', (b) ne"nteen (17) preli=inffly site per► (C) statement of purpose =d intent; (d) a list of names and addresses of all praperty owum and the tax bey ambers for ail propelties within 300 ('set Of the pedtionn property; and (e) addressed, stamped envelopes T ail PMPCrtY owr► w:idlin 300 f�i of then petition property (f) a location map, if available, drawn to ale, which inaludcs et uan=. prized in 8'h" x 11" format. Sigt> e(s) of AU Property owner(s) PETMON MPA1B tD )SY. ABIGA.II.. B RENIE 2310 WOLF P01NI' R ROCMSTE.R, IN 4 75 574-83M143 D!RDzV:KT ii ' r u r Hied In Cior 's Office E JAN - 5 2071 CI?YCURK, SO. HINT), IN. O (D co V 0) CA A W N n N N N N N N N f�V N N N N N m W O 1p T W m W C> W N s W Q _ C�71 N UWi j W O , �wir ccn n, j O j m ...a N A V1 A 01 .Wa V Ul U C) C O O D O D O D O Cl) O m m m m 7D � --1 z m uCi =1 r —i 7 c C m m m x � m O (D q (n O z a 0 z 0 _ A x cn c> z� �z m r mQ fn n c 0o 0 a -4m0) rm �Z O z -ais� m�m 0"D c z 0 p Z O � el z 4 r cn rn m n o0 00 a°m me mC mM X z Ca m� 90 C m z O _ a zn Z r n a 0 > C- m D z R0 --I -H 0 0 0;7 Kz x K z _ O n /� ITm m n z m (nA�^ (X Yom! T�1 00 m -< m mm ;o (n m x s � p a CQ Ti3 ` 0 0 z mn X n O � � 0) c7 rm- m 0 O z� nz z _0 O . O 4 A C7 N °° ..a j to j m m o s n O a n°'i a m n a a p ,r O o c, ?C CL m a Z a a o C 0 O m 3 V n m y y� (D m m mm ? N y ¢ O [7 C]. G3 vi CA fD A 3 Z rr O c 7 O C O L N 0 CD m m s `° °' c °c °c ° 0 0 3 FT c0 w c° c c [FWD CD CD ro m m C3 CD (D C ci a a n a a n, a o. 0 z z z X z Z z z z z z z G7r3 Wiz$ 01 rn vii c7 OAi rn rn W cz N ccn �+ - 0) � w o ar am .gyp C) A Z co n 8 oC) 0v C) O Q O 0 0 ;u O N -2 C W C s > C N > C El C O Q V W D o Z �> > rn ?3 m Q° m m m m = 8 1� W r�rl m Cdr! > A D co c(n W co X O z a ;D © z 0 0 0 0 0 0 0 0 c S c 7 3 c 3 c m co 0 t�D m CD CD C CD ED m CD CD � O co 0 n a a a a a a a a a a CD a X 10 m, y | |/ / |/ ����� -4 # $ # G G 8 G 8 e e ¥ w w C3 S G ® o § 2 2 k w CD 6 E (0 2 OD 00 w o A A z / / \ q 0 § C13 w 2 m k 2 ) ] 2 ) m > > d 3 z z > ® § 0 t > 0 z > 0 % � § \\ E A. e m / \ f \ § \ _ ƒ . 0 . fn } 0 ± 0 ƒ 2 ƒ ƒ ƒ Z Z & k \ § 7 4h. e � a § § S > f � 2 k � k | |/ / |/ ����� 'relirnina Site Plan- 932 Miami St, South Bend, IN •o• L 15 acre parcel on the NorthEast corner of Miami and Jackson, South Bend 14 Proposed Future Home of Indiana Farm Bureau Insurance, South Bend •a• 25 Parking Spaces (21 required by zoning) ❖ Land to Building Ratios: • Building: 12.70% • Paved Areas: 22.3% • Open Green Space: 65% ❖ Landscaping per all applicable local ordinances that enhances the natural surroundings of the parcel and exemplifies the professional, upstanding image of this local, traditional company •I• Approximately 5950 SF brick & stone professional office building with +/- 20' building ridge height CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR Mr. Derek D. Dieter President of the Common Council of the City of South Bend 455 County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 -1830 Re: Ordinance of the Common Council Appropriating Monies from the NonReverting Loss Recovery Fund for Closure and Removal of Two (2) Underground Storage Tanks at Century Center and IDEM data reporting on Fredrickson Park Remediation Dear President Dieter: On December 8, 2008, the City of South Bend Common Council passed Ordinance No. 9890 -08 which established the Nonreverting Loss Recovery Fund ( #227). The purpose of the fund was to receive compensatory or exemplary damage payments from third parties arising from loss or damage to City tangible or intangible property. The City has received payments to date of $4,881,996 in this fund due primarily to the settlement of a MTBE contamination lawsuit and also has received interest earnings in the amount of $36,842. A total of $549,932 has been spent from the fund to date resulting in a cash balance of $4,368,906 at November 30, 2010. Century Center has two underground storage tanks that were previously used for heating oil storage for heat and diesel fuel for a generator. The tanks have become unnecessary and the City of South Bend would like to take the appropriate actions to complete the closure and removal of the tanks in accordance with local, state and federal guidelines. If the tanks are left in place they will continually deteriorate over time possibly causing environmental contamination to the surrounding soils and to the St. Joseph River, which flows in close proximity to the site. If this contamination were to occur, the environmental cleanup and remediation costs would likely far exceed the proposed tank closure and removal costs. The first purpose of this ordinance is to request a 2011 appropriation in the amount of $60,000.00 from the Nonreverting Loss Recovery Fund (##227) wherein $55,000 is for the closure and removal of two underground storage tanks at Century Center and the second purpose is $5,000 which is for data analysis, mapping and reporting twice during 2011 for Fredrickson Park Remediation monitoring and some specific parameter investigation. Any amounts unspent from this appropriation will be released back into the Nonreverting Loss Recovery Fund, COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9216 FAx 574/235.9928 TDD 5741235 -5567 wWw.SOUTHBENDIN.GOV 'r Mr. Gary Gilot or Gregg Zientara will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. We are available to discuss any matters concerning this bill at the convenience of Council. This bill is filed with the Clerk of the City of South Bend with a requested 1 st reading on January 10, 2011. City Administration requests favorable consideration by the Common Council and passage of this spending ordinance bill. Regards, Gregg D. Zienta 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 $60,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND ( #227) IN 2011 FOR THE CLOSURE AND REMOVAL OF TWO UNDERGROUND STORAGE TANKS AT CENTURY CENTER AND FOR FREDRICKSON PARK REMEDIATION STATEMENT OF PURPOSE AND INTENT On December 8, 2008, the City of South Bend Common Council passed Ordinance No. 9890 -08 which established the Noureverting Loss Recovery Fund ( 4227). The purpose of the Fund was to receive compensatory or exemplary damage payments from third parties arising from loss or damage to City tangible or intangible property. The City has received payments to date of $4,881,996 in this fund due primarily to the settlement of a MTBE contamination lawsuit and also has received interest earnings in the amount of $36,842. A total of $549,932 has been spent from the Fund to date resulting in a cash balance of $4,368,906 at November 30, 2010. The purpose of this ordinance is to appropriate a total of $60,000.00 from the Nonreveri.ing Loss Recovery Fund ( #227), of which $55,000.00 is for the closure and removal of two underground storage tanks at Century Center, and an additional $5,000.00 for FredriAson Park remediation. Century Center has two underground storage tanks that were previously used for heating oil storage for heat and diesel fuel for a generator. The tanks have become unnecessary and the City of South Bend would like to take the appropriate actions to complete the closure and removal of the tanks in accordance with local, state and federal guidelines. If the tanks are left in place they will continually deteriorate over time possibly causing environmental contamination to the surrounding soils and to the St. Joseph River, which flows in close proximity to the site. If this contamination were to occur, the environmental cleanup and remediation costs would likely far exceed the proposed !:ank closure and removal costs. Ail additional $5,000.00 is appropriated for data analysis, mapping and reporting twice during 2011 for Fredrickson Park Remediation monitoring and some specific parameter investigation. Any sums unspent from this appropriation will be released back into the Nonreverting Loss Recovery Fund. NC.W, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Ber.d, Indiana,, as follows: SECTION I: The sum of $55,000 shall be and hereby is appropriated from and set aside within the Nonreverting Loss Recovery Fund ( #227) in 2011 to pay for the closure ar,.d removal of two underground storage tanks at Century Center. SECTION II. An additional $5,000 is appropriated from and set aside within the Nonreverting Loss Recovery Fund ( #227) in 2011 for the Fredrickson Park Remediation reporting follow -up. SECTION II1. 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 Clerh. Member of the Common Counci council �'n I' � • � �avt V Ott Yr!`}' k'iA�n.t {y��R e v*a8 e. Presented by me to the Mayor of the City of South Bend, Indiana, on the - day of , 2011, at o'clock—. m. City Clerk Approved. and signed by me on the day of o'clock . m. t j NOT AF- Pc;{1VLLD PAS IS ED , 2011, at Mayor, City of South Bend, Indiana JAN - 5 2011 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D. ZIEl4TARA CONTROLLER � �t � - �\ January 5, 2011 �... Mr. Derek Dieter President, South Fiend Common Council 4f" Floor, County -City Building South Bend, IN 46601 RE: Professional Sports Development Fund — 2011 Appropriation Ordinance Dear President Dieter: As you know, the 2011 budget passed by the South Bend Common Council on October 25, 2010 did not include an appropriation in the Professional Sports Development Fund No. 377 ( "PSDA Fund "). As more information is now known concerning the status of the College Football Hall of Fame for 2011, and with the recent Common Council approval of Coveleski Stadium Revenue bonds with repayment from PSDA revenue, it is now appropriate to establish the PSDA Fund budget for 2011. The proposed 2011 PSDA Fund budget consists of the following expenditures: $500,000 payment to the College Football Hall of Fame for operating expenses. This transfer is funded by a pass - through of hotel /motel tax monies received from St. Joseph County in the amount of $494,325 and accumulated interest in the PSDA Fund in the amount of $5,675. The amounts of hotel/motel taxes paid to the College Football Hall of Fame were $530,137 in 2009 and $521,800 in 2010. The payments to the College Football Hall of Fame will be made on a pro rata, monthly basis while the facility remains open and in operation. s $100,000 transfer to the Century Center capital account for capital expenses. This amount is consistent with prior years and is scheduled to be transferred in June, 2011. These funds are maintained in a separate Century Center capital bank account and all capital expenditures are approved by the President of the Century Center Board of Managers and the City Controller. The 2011 capital budget for Century Center in the amount of $267,000 was approved by the Common Council on October 25, 2010. $395,423 payment for the initial debt service payment due on July 15, 2011 for the 2010 Coveleski Stadium Taxable Revenue Bonds that were approved by the Common Council on November 30, 2010. When the Coveleski Bond ordinance was approved, it was stated that PSDA revenue would be the funding source for repayment of the bonds and a cash projection was prepared demonstrating that sufficient funds would be available in the PSDA Fund to meet all debt service obligations. The final bond payment is due on January 15, 2019. The total proposed PSDA Fund budget for 2011 is $995,423.00 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830 Phone: 574/235 -9216 Fax: 574/235-9928 TDD: 5741235 -5567 l �� 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, Sincerely, Gregg D. Zientara City Controller cc: Stephen J. Luecke, Mayor of the City of South Bend 21011 V7 qj, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $995,423 WITHIN PROFESSIONAL SPORTS DEVELOPMENT FUND ( #377). STATEMENT OF PURPOSE AND INTENT On October 25, 2010, the South Bend Common Council enacted Ordinance No. 10045 -10 constituting the City of South Bend's budget appropriation for 2011. At that time, the status was uncertain of the College Football Hall of Fame located in downtown South Bend. Accordingly, South Bend's 2011 budget as enacted on October 25, 2010 did not include appropriations for the College Football Hall of Fame. At this time, it is agreed that the College Football Hall of Fame will remain open and operational through all or most of the calendar year 2011. Consequently, the City has certain financial obligations relating to the College Football Hall of Fame pursuant to agreements with The National Football Foundation and College Football Hall of Fame, Inc. This ordinance appropriates monies necessary for South Bend to meet its financial obligations under these agreements. In addition, on November 30, 2010, the South Bend Common Council enacted Ordinance No. 10057 -10 approving the Coveleski Stadium Taxable Revenue Bonds of 2010 and pledging the use of Professional Sports Development (PSDA) revenue for repayment of principal and interest on these bonds. The debt service amount due for 2011 is $395,423 and this amount was not included in the 2011 budget that was adopted on October 25, 2010. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The sum of $500,000 is appropriated and set aside within Professional Sports Fund ( 4377) to meet South Bend's minimum public funding obligation for the College Football Hall of Fame pursuant to the terms of agreements with The National Football Foundation and College Football Hall of Fame, Inc. This appropriation shall be made on a pro rata or incremental monthly basis for as long as the College Football Hall of Fame remains open and operational during calendar year 2011. Section II. The sum of $100,000 is appropriated within Professional Sports Development Fund ( #377) and transferred to Century Center Fund 670 for funding capital improvements. Section III. The sum of $395,423 is appropriated and set aside within Professional Sports Development Fund ( #377) for the initial debt service payment due on July 15, 2011 on the 2010 Coveleski Stadium Taxable Revenue Bonds. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Y Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2011, at o'clock—. m. Deputy City Clerk Approved and signed by me on the day of o'clock m. , 2011, at Mayor, City of South Bend, Indiana Area Plan Commission ®f 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 December 22, 2010 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 �0 . - �0 RE. A proposed ordinance of Promised Land, LLC to zone from CB Community Business District to SF I Single Family and Two Family District, property located at 7233 U.S. 31 South, City of South Bend - APC## 2569 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of Promised Land, LLC was legally advertised on Thursday, December 2, 2010 and that the Area Plan Commission at its public hearing on Tuesday, December 21, 2010 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of Promised Land, LLC to zone from CB Community Business District to SF 1 Single Family and Two Family District, property located at 7233 U.S. 31 South, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow for an existing vacant single- family structure to be renovated and used as a single- family residence. Single - family residential is compatible with the adjacent low- density residential and agricultural uses. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, n W. Byornt JWB.jsc Attachment CC: Promised Land, LLC Timothy R. Johnson died in lerk',r, DEC 2 2 2010 JCsf�?� L'99Fi ^� Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Utilities: The site will continue to be served by an existing on -site septic system and well. According to APC records, the nearest municipal sanitary sewer and water are located on the west side of U.S. 31 approximately 40 feet and 900 feet north of the site, respectively. Due to its close proximity, the City of South -Bend and/or the St. Joseph County Health Department may require connection to sanitary sewer upon failure of the existing on -site system. Additional information: (Agency comments) The City of South Bend Division of Engineering & Public Construction commented that sanitary sewer is available. 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: CiV Pl Ci of South Ben Indiana (November 2006: Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective H 2.6: Encourage homeowners to maintain their homes. Objective ED 1.2: Encourage the reuse of abandoned and underutilized land and structures. Land Use Plan: QV Plan Qy of South Bend. Indiana (November 2006 The Future Land Use Map shows this area as Commercial along the west side of U.S. 31 and Mixed Use along the east side of U.S. 31. 2. Current conditions and character: The approximate 0.60 acre site is currently occupied by a vacant one -story residential structure and is the southernmost property along U.S. 31 South within the City of South Bend. The adjacent land uses along U.S. 31 south of Kern Road are primarily low - density rural residential (greater than 0.5 acre) or agricultural. The "A" Agricultural District within the County begins approximately one -half mile to the south. 3. Most desirable use: The most desirable use of the property is to continue to use the existing structure as a residence until such time that it can be included into a larger development project. As previously noted, this site was a part of a larger annexation and rezoning petition which included over 75 acres of land on the west side of U.S. 31 south of Kern Road. 4. Conservation of property values: Surrounding property values should not be negatively affected since the proposed rezoning will revert the site to the prior residential zoning and use. 5. Responsible development and growth: The proposed use is responsible growth and development since it lies within a predominantly low- density residential and agricultural area. Since the proposed large scale commercial development was never constructed, the reversion of this individual property to single- family residential is compatible with the existing adjacent land uses. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Promised Land, LLC #2569 -10 Page 2 of 2 Analysis: This rezoning will allow for an existing vacant single- family structure to be renovated and used as a single - family residence. Single - family residential is compatible with the adjacent low - density residential and agricultural uses. Promised Land, LLC #2569 -10 Page 3 of 3 Rezoning Irons. "CB" COMMUNITY BUSINESS DISTRICT I "SFi" SINGLE FAMILY & TWO FAMILY DISTRICT Zoning Key COUNTY "R" SINGLE FAMILY DISTRICT _ SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT N 1 inch = 200 feet ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 7233 U.S. 31 SOUTH, COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The zoning currently is "CB" Community Business and will be changed to "SF1" Single Family and Two Family District to put it back to its original state of "SF1" NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 1 in Zeiger's US 31 Minor Subdivision as recorded under Instrument #0516808 in the Office of the Recorder of St. Joseph County. be and the same is hereby established as "SF1" Single Family and Two Family District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk I st READING PU3UC HEARING READNG �-,")T APPROWD "1-,R,RED, PASSER. 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 Mind In C10009 DEC 3 2010 Date Filed .Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested, 1) The property sought to be rezoned is located at: 7233 U.S. 31 South, South Bend, Indiana 2) Name and address of property owner(s) of the petition site: Promised Land, LLC 6818 Meadowcrest Drive Downers Grove, IL 60516 630 - 981 -7245 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from "CB" Community Business District to "SF 1" Single Family and Two Family District 5) This rezoning is requested to allow the following use(s): So a homeowner can occupy the property as a personal residence 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8 I /2" x 11" format. Signature of p operty owner PETITION PREPARED BY: Timothy R. Johnson Bradley Management, LLC 215 E. Ireland Road, Suite D South Bend, IN 46614 574 -968 -3506 Email: timnruI@yahoo.com CONTACT PERSON: (If different) i ov - } � tD Page 1 of 1 Janice Talboom - Greater South Bend Housing Ordinance, APC #2571 -10 From: To: Date: Subject: "Brian Harding" ,�� oz),-1� -t0 1/5/20113:54 PM Greater South Bend Housing Ordinance, APC #2571 -10 To the Common Council, Following discussion at a special meeting of the Greater South Bend Housing Executive Committee yesterday it was decided to request to "table /continue indefinitely" the proposed ordinance (APC #2571 -10) for 10 1 North Kenmore St, South Bend, IN 46619. Given that HUD's Notice of Funding Availability has yet to be announced and the expectation that it will now be delayed until spring or later — it was determined best to first allow time for the funding announcement to occur to know if the monies will be available to invest in this development on this site before further pursuing the required zoning change. Please advise should you require anything further to table /continue this proposed ordinance. Thank you, Brian. Priam D. Hi irdiiig 1Oanaging Director j Resiclentiaf Asset Management & Business Development Real Estate Management Corporation Managing Anent for Gteatei South 6rnd Housing, Mc �0- Sah_iti� Micl�i -I Street; Sclite ZC1Ej j Soclili Bend, IN GE3C1 T 574 23.7 9 323 1 F 574 23-1 9925 1 C 574 261 4044 bharding(d)cbresb.com j www.remcl.com Please consider the environment before printing this email. 11W 111:01 1,W:1 ' I I f•I'Et !c `la.i F,;1 fIY i ; I1C III t, il'.`I: i'E(' f'r ^Ii'II. i I "ir r.; 171�1d f,( IN, EI i Ei %,I- Err i.l�l'.I .! €Ir. ii.. I.. =, E:I'_�I .:ill,- "r'.li ;.l3:,[: 'I'_i Ei :. ll it .r,::. II f:.,i:,fr',. c• ".)1'.r �i1 ' !_._,i.i.3,I_. %:I..,Ii,EEf.'.'I !,ilrr f','I.[.I.: c. llrl; ;I:.1 I +[I': E. -r it 1_r.l 0d, tnr i iEr;ilt•i. tJ:a , "'.- I, lhC :cl ;,E nlrlt3r. liaf I: % I1 !fit 3 t< lir. " %h.rrri.._I,I, 5jl.,f; .., i, 2011 Vy iit to a" 14 QM4;r,t� NTrAT T1nnAX\I ---I AT0% AAA^1 4 f........ Area Plan 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. stjoseph countyindiana.com /areaplan Fax 574 235 -9813 December 22, 2010 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Greater South Bend Housing, Inc. to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at 101 N. Kenmore Street, City of South Bend - APC# 2571 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of Greater South Bend Housing, Inc. was legally advertised on Thursday, December 2, 2010 and that the Area Plan Commission at its public hearing on Tuesday, December 21, 2010 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of Greater South Bend Housing, Inc. to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at 101 N. Kenmore Street, City of South Bend is sent to the Common Council with no recommendation. 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, r , i' JWB:jsc Attachment CC: Greater South Bend Housing, Inc. Gregory A. Kil, NCARB, AIA FNted In Cts'! ' i0HIC0 DEC 2 2 2010 joilk 7P Serving South Bend, Lakeville, New Carlisle, worth Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Re ort APC # 2571 -10 Owner: Greater South Bend Housing, Inc. Location: 101 N. Kenmore Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to PUD Planned Unit Development District to allow up to 24 one -story garden apartment or duplex units for senior citizens, an accessory building Dousing a community room, cooking facilities, tenant laundry room and office, and a yard equipment storage shed. Laud Uses and Zoning: On site: On site is a vacant naturally vegetated open area with a small patch of trees within the southern half of the site. Tree rows are located along North Kenmore Street and along the adjacent alleys to the north and west. North: To the north are single - family residences zoned SF2 Single Family & Two Family District. East: To the east across North Kenmore Street are single - family residences, including an in -home daycare facility, zoned SF2 Single Family & Two Family District, and a church zoned MU Mixed Use District. South: To the south across Washington Street are the LaSalle Park Homes, which is a multi- family residential apartment complex zoned M92 High - Density Multi - Family District. West: To the west are single- family residences zoned SF2 Single Family & Two Family District. District uses and development standards: The PUD District is intended to: encourage creativity and innovations 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 an individual land use not otherwise specified elsewhere in the Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUP 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 the Ordinance. Site plan description: The site is 1.53 acres (66,647 square foot). The preliminary site plan includes six separate one - story apartment buildings with 24 units, a community building, and a maintenance building. A HUD grant is being requested for the development of this project so the exact number of units may be less than 24. Buildings cover 18,405 square foot or 28% of the site. The proposed density is 15.69 dwelling units per acre with an allowable maximum density of 16 units per acre. The rental units will be both age and income restricted. Hard surfaces including the parking areas, drives, and sidewalks cover 17,720 or 27% of the site. The remaining 45% is open space and landscaped areas. A total of 18 parking spaces are proposed which equates to 0.75 spaces per unit. Several development regulations relating to minimum project frontage, minimum setbacks, allowable encroachments, maximum building coverage, and minimum open space are included Greater South Bend Housing, Inc. #2571 -10 Page I of 1 on the site plan. All development standards not specifically indicated on the site plan shall conform with the MFI Urban Corridor Multifamily District. Zoning and land use history & trends: The LaSalle Park area is predominantly a single- family residential neighborhood. According to historical aerial maps, a single - family residence fronting West Washington Street existed on this site prior to 1966: This residence was razed after 2008. The LaSalle Park Homes multi - family residential apartment complex located south of the site was constructed between 1966 and 1971. The nearby Ralph C. Ellison Homes multi - family apartment building located at the northwest comer of Washington and Falcon Street was constructed in 2008. This apartment building is similar to the proposed use in that it provides 42 units which are age and income restricted. Traffic and transportation considerations: Both West Washington and North Kenmore Streets are local two -lane streets. Existing alleys border the site to the west and to the north. Utilities: The site will be served with municipal water and sanitary sewer. Additional information: (Agency comments) The City of South Bend / St. Joseph County Building Department requested a more detailed landscape plan. This was addressed with the revised preliminary site plan. The Department of Community & Economic Development supports this rezoning petition since it is a positive investment in LaSalle Park and would meet a community need for additional pedestrian oriented senior housing units. However, numerous comments were given which focused on mitigating any potential negative impacts on surrounding properties. These comments related to the project density, building design and access, and landscaping and screening along the west property line and along Kenmore Street. Many of these concerns were addressed with the revised preliminary site plan. S Criteria (per IC 36-7 -4 -603): 1. Comprehensive Plan: Policy Plan: C& Pl= Ct of South Bend, Indiana (November 2006 Objective LU 2.1: Encourage developers to use planned unit and traditional neighborhood development models to promote land use compatibility in future developments. Objective H 1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. H 1.2: Encourage rental housing for all income levels throughout the city. Objective H 1.4: Encourage the development of a variety of housing types and care choices for seniors and disabled persons. Land Use Plsn: QM Plan City of South Bend Indiana (November 2006 The Future Land Use Plan identifies this area as medium density residential (defined as 6- 12 units per acre). 2. Current conditions and character: The site is currently vacant and lies within a primarily single - family and multi- family residential area. The LaSalle Park Homes multi - family residential development is located immediately to the south and to the east along the west side of North Kenmore Street. This development includes Greater South Bend Housing, Inc. #2571 -10 Page 2 of 2 150 dwelling units on approximately 12.9 acres (11.6 units per acre). The Ralph C. Ellison senior apartment facility is located to the east at the northwest corner of Washington Street and North Kenmore Street. This facility includes 42 dwelling units on approximately 1 acre (42 units per acre). The combined density of both these multi - family residential developments is 13.5 units per acre. 3. Most desirable use: The most desirable use of the property is single - family or medium density residential. 4. Conservation of property values: The surrounding property values should not be affected by the approval of this rezoning. 5. Responsible development and growth: It is responsible growth and development to allow for compatible residential developments within this single and multi- family residential area. Recommendation: Based on information available prior to the public hearing, the Staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: The development of this residential complex is a positive investment and a compatible use within this single - family and multi- family residential area. The combined density of the two existing multi- family projects, together with the proposed project, represents a total net density of 14 dwelling units per acre, though two more than what is recommended by City Plan. Over the proposed 1.5 acre project, this increased density represents an additional 3 units, an increase which will not have a negative impact on the neighborhood. Greater South Bend Housing, Inc. #2571 -10 Page 3 of 3 � ,.,;. r a L E c e c a Jeff ersq57 i c E Rezoning from: " "SF2 "" SINGLE FAMILY _ & TWO FAMILY DISTRICT to " "PUSD" PLANNED UNIT DEVELOPMENT SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT SOUTH BEND "MFt" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "MF2" HIGH - DENSITY MULTIFAMILY DISTRICT w SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "GI" GENERAL INDUSTRIAL DISTRICT GN W4117 ., s 1 inch o 300 feet ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 NORTH KENMORE STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning classification is SF2 Single and Two Family District, and is changed by this ordinance to PUD Planned Unit Development. The purpose of new zoning classification PUD Planned Unit Development is to allow Multi - Family Housing in multiple one -story buildings (including Duplex Buildings ) with rear yard setbacks relaxed from the requirements of MF1 Urban Corridor Multi - Family District zoning because of the density of the project, and to allow a reduction in the parking (from 2 per unit to 0.75 per unit) 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: Lots numbered one thousand sixty -five (1065), and one thousand sixty -four (1064) as shown on the recorded plat of LaSalle Park, an addition to the City of South Bend, recorded in the Office of the Recorder of St. Joseph County, Indiana, together with the vacated alley lying between said lots numbered 1064 and 1065, and that portion of vacated Colfax Street lying north and adjacent to lot 1064 be and the same is hereby established as PUD Planned Unit Development District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 12 , at o'clock . M. City Clerk Approved and signed by me on the day of 2 , at o'clock . M. G kj Mayor, City of South Bend, Indiana n C17Y CU' 1200 COUNTY-On BUILDING 227 W JUFEMN BOULEVARD Sourl3 ftNo, INDIANA 46601 -1830 PHONE 57'41235 -9371 FAX 5741 235 -9021 MD 5741235 -5567 Crry o>- Sorrrx BEND STmrFmNJ. LuscxE, 111AYaR COMMUNITY ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY 1:,AE61ivii DIRECTOR January 3, 2011 '- Derek Dieter President, South Bend Common Council 227 W. Jefferson Blvd, South Bend, IN 46601 Deal` President Dieter: This Ietter is to request that Bill # 55 -10, currently tabled indefinitely, can be withdrawn. The 55 -10 bill is being replaced with Bill #85 -10 that is up for second reading at the January 10, 2011 meeting, Thank you. Sincer ly, Pamela C, Meyer 7 Director cc: J. Talboom K. Cekanski- Farrand G. Zientara F11rd to CIOX c S Of "'Ce JAN - 3 201 CITY Cl. ;RK__O. Mu'�w.. =.� • z� COMMUNITY DEVELOPMENT ECONOMIC D VELOPMENr F1NANC;LA1, & PROGRAM PAMELA C. NIEVER DONALD F. IM3 MWAGEMENT 570235 -9660 5741235.9371 EL17A10..7H UoNARO FAR: 574/235 -4697 574123.5.9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $276,780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver services to seriously physically and mentally ill individuals within our community, The City of South Bend received funds from the U. S. Deparment of Housing and Urban Development for the delivery of such services through various subgrantees. The funds appropriated in this ordinance will aid in defraying the costs of housing and related services, NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. The sum of $276,780 is hereby appropriated in Fund 212 and shall be administered by the Department of Community & Economic Development and its designated subgrantees as noted below: Madiso .-- Center IN0087C511000901 $ 92,820 (9/8/10 - 9/7/11) Scattered Site Madison Center IN0009C5H000802 $141,120 (08/1/10 - 7/31/11) Gateway Madison Center IN0010C5H000802 $ 42,840 (8/29/10 - 8/28/11) Perm. Hsing TOTAL $276,780 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest; City C16vk Presented to me by the Mayor of the City of South Bend, Indiana on the day of , at o'clock .nn. Approved and signed by me on the at i s# READING q't 3 f o P UBUC HEARING 2 rd READING 100 APPROVED :�.F -ERRED PASSED' o'clock m. City Clerk day of , 2_, Mayor, City of South Bend, Indiana Fll�=—I ,d to Clerk's 0'sTlcO Jo im S�Cai3 E 1200 COUNTY-CrrY BLnmNG 227 W, JEFFERSON BOi. LwARD Soum BEND, INDIANA 46601 -1530 PaoNE574 /235 -9371 FAX 5741235 -9021 TDD 574/ 235 -5567 CITY of SouTH BEND STEPHEN J. LuEcn, MAYOR COMMUNITY& EC ®N®MIC EVELOPMENT August 26, 2009 President Derek Dieter South Bend Common Council 400 County -City Building South Bend, Indiana 46601 Dear President Dieter: JEFFREY V. GiBNEY EXEcu -rwE DIRECTOR The attached ordinance for Council consideration will appropriate $276,780 in renewal funding under the Shelter Plus Care Program (SPC) in three separate renewal grants as follows: IN0087C5H000901 $ 92,820 Sept. 8, 2010- Sept. 7, 2011 for 13 units IN0009C5H000802 $141,120 August 1, 2010 -July 31, 2011 forl8units IN0010C5H000802 $ 42,840 August 29, 2010- August 28,2011 for 6 units The City serves as a fiscal agent and recipient of funds for the eligible agency, determined by HUD, receiving the SPC dollars, The funding allocated provides support for sponsor based rental assistance for housing severely mentally ill clients. Addressing homelessness is one of HUD's top priorities and the continuance of these projects makes a significant contribution toward assuring the development of a continuum of care system in our community. I will be presenting this ordinance at the September 27, 2010 meeting. Please contact me with any questions prior to then. Thank you. Sincere Pamela C. Meyer U Director Cc: J. Rosheek J. Gibney G. Zientara J. March B. Leonard F117- In Clerk's Office 0 EP _ 1 2010 JOHN VNIRPE. C" CLEM(, SEND, ?-4- COMMUNITY DEvnopmENT EcoNoMlc DEVELOPMENT FINANCIAL & PROGRW PAMELA C. MEYER DoNALD E. INKS MAIJAGEMF -NT 5741235 -9666 5741235 -9371 EL12ABETH LEONARD " FAx: 574!235 -9697 5741235.9371