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Home My WebLink About12/10/07 Common Council Agenda and PacketREVISED AGENDA AGENDA SOUTH BEND COMMON COUNCIL MONDAY, DECEMBER 10, 2007 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB — COMMITTEE ON MINUTES 5. SPECIAL BUSINESS rQaulo" 07 -140 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING 2ND DISTRICT COUNCIL MEMBER CHARLOTTE D. PFEIFER FOR HER TWELVE (12) YEARS OF DEDICATED PUBLIC SERVICE TO OUR COMMUNITY 07 -141 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING 6TH DISTRICT COUNCIL MEMBER ERVIN KUSPA FOR HIS MORE THAN SEVEN (7) YEARS OF DEDICATED PUBLIC SERVICE TO OUR COMMUNITY 07 -142 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING 3RD DISTRICT COUNCIL MEMBER ROLAND "RANDY" KELLY FOR HIS ADMIRABLE SERVICE AND SINCERE DEDICATION IN COMPLETING WITH DISTINCTION AND RENEWED VIGOR HIS LATE FATHER'S COUNCIL TERM 07 -143 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE 2007 ST. JOSEPH'S HIGH SCHOOL BOYS FOOTBALL TEAM FOR A GREAT SEASON AND FOR THEIR ATHLETIC EFFORTS IN-THE CLASS 3 —A TITLE GAME A. SETTING OF THE MAYOR'S 2008 ANNUAL ADDRESS TO THE COMMON COUNCIL PURSUANT TO SOUTH BEND MUNICIPAL CODE SEC. 2 -3.1 FOR FEBRUARY 11, 2008 6. REPORTS OF CITY OFFICES 7. RESO-LVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 70 -07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 623 S. ST. JOSEPH STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 71 -07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE IV, SECTION 4- 30, TITLED HOTELS AND MOTELS, OF THE SOUTH BEND MUNICIPAL CODE 78 -07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007(ATREAny ACCEPTED AS A SUBSTITUTE) 79 -07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA, INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2 0 0 7 (AT REA ny ACCEPTED AS A SUBSTITUTE) 81 -07 PUBLIC HEARING ON A BILL COUNCIL OF THE CITY SOUTH ,APPROVING A LEASE FOR IMPROVEMENTS BETWEEN THE REDEVELOPMENT AUTHORITY AND REDEVELOPMENT COMMISSION OF THE COMMON BEND, INDIANA, CERTAIN PUBLIC SOUTH BEND THE SOUTH BEND 84 -07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 651 - CITY OF SOUTH BEND SEWAGE WORKS REVENUE BONDS OF 2007B 8. BILLS, THIRD READING BILL NO. TIME: 70 -07 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 623 S. ST. JOSEPH STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 71 -07 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE IV, SECTION 4- 30, TITLED HOTELS AND MOTELS, OF THE SOUTH BEND MUNICIPAL CODE 78 -07 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 79 -07 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA, INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 81 -07 THIRD READING ON A BILL COUNCIL OF THE CITY SOUTH APPROVING A LEASE FOR IMPROVEMENTS BETWEEN THE REDEVELOPMENT AUTHORITY AND REDEVELOPMENT COMMISSION OF THE COMMON BEND, INDIANA, CERTAIN PUBLIC SOUTH BEND THE SOUTH BEND 84 -07 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 651 - CITY OF SOUTH BEND SEWAGE WORKS REVENUE BONDS OF 2007B 9. RESOLUTIONS BILL NO. 07 -134 .A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1126 VICTORY DRIVE 07 -144 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1103 NORTH NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THOMAS F. & ANITA J. VELDMAN 07 -80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH MICHIGAN STREET FLOORS 1,2,4,5,9 AND 11 TO 14 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE -YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC, THE HINMAN COMPANY 07 -122 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT DEVELOPMENT AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN - YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS LLC 07 -145 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 3927 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF. A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY .TAX ABATEMENT FOR EDWARD A. MYERS 10. BILLS, FIRST READING BILL NO. 85 -07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 701 S. GRANT STREET, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 86 -07 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF MEADE STREET FROM KENWOOD AVENUE SOUTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 14 FEET. BEING A PART OF KALEY'S 1ST SUBDIVISION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 87 -07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO 435 TIF DISTRICT - DOUGLAS ROAD ECONOMIC DEVELOPMENT ALLOCATION AREA 88 -07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA 89 -07 FIRST READING ON A BILL AMENDING ORDINANCE NO. 9791 -07 FIXING AND INCREASING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 20081 AND APPROVING TEAMSTER EMPLOYEE WAGE FOR 2009 -2010 11. UNFINISHED BUSINESS ORDINANCE NO. 9807 -07 - MARQUETTE SCHOOL HISTORIC LANDMARK - MAYORS' VETO LETTER OF 12/5/07 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: Area Plan Commission of St. Joseph County John W. Byorni Executive Director Phone 574 235 -9571 November 20, 2007 1140 County -City Building South Bend, Indiana 46601 www. stjosephcountyindiana .com /areaplan The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 Larry P. Magliozzi Assistant Director Fax 574 235 -9813 E_ ll Q.� 7c a� RE: A proposed ordinance and site development plan of River of Life Family Church, Inc. to zone from SF2 Single Family and Two Family District to O Office District, property located at 623 South St. Joseph Street, City of South Bend - APC# 2456 -07 Dear Council Members: I hereby Certify that the above referenced ordinance of River of Life Family Church, Inc. was legally advertised on Thursday, November 8, 2007 and that the Area Plan Commission at its public hearing on Tuesday, November 20, 2007 took the following action: Upon a motion by Gary Gilot, being seconded by Phil Sutton and unanimously carried, the proposed ordinance and site development plan of River of Life Family Church, Inc. to zone from SF2 Single Family and Two Family District to O Office District, property located at 623 South St. Joseph Street, City of South Bend is sent to the Common Council with a favorable recommendation. The proposed use is compatible with the surrounding land uses. The office zoning and its associated use would help buffer the residential area to the east from the mixed use area to the west. The required landscaping and residential bufferyard should provide an acceptable buffer between the proposed development and the adjacent residential area. 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, (ZAA- W JWB:sr Attachment CC: River of Life Family Church, Inc. Indiana Properties Group, LLC Troy Terew Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 623 S. ST. JOSEPH STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This property is currently zoned SF2 Single and Two Family District and would be changed to O Office District in order to build a Bureau of Motor Vehicle Building. 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 C Bronson's Survey & Taylor's Field Addition 1St Replat be and the same is hereby established as O Office District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the 2 , at o'clock . M. 1st READING LO—Z'7'01 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED A PASSED City Clerk day of , Mayor of South Bend, Indiana Filed In Clerk's Office OCT 1 2 2007 JOHN VOORDE CITY CLERK, SO. BEND, IN. Date Filed 10/10/2007 Date received by the Area Plan Commission Application 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: 623 South St. Joseph Street, South Bend, IN 2) Name and address of property owner(s) of the petition site: River of Life Family Church, Inc. 608 South St. Joseph Street, South Bend, IN 3) Name and address of contingent purchaser(s), if applicable: Indiana Properties Group, LLC 14574 Faucet Lane, Fortville, IN Attn: Jeff Jellison (317)485 -8517 4) It is desired and requested that this property be rezoned from SF2 Single Family and Two Family District to O Office District 5) This rezoning is requested to allow the following use(s): Bureau of Motor Vehicles Branch Office 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' /z" x 11" fonnat. PETITION PREPARED BY: Troy Terew 8055 Windham Lake Drive Indianapolis, IN 46214 (317)290 -1290 tnsllc @comcast.net Jeff Jellison 14574 Faucet Lane Fortville, IN 46040 Jeff.jellison@profoniia.com Signature(s) of All Property owner(s) or Attorney for all property Owner(s) River Of Life Family Church, Inc. F 1R., t. � Edward W. Hardig Attorney at Law Representing River of Life Fami File! E r� Cls— k':: 001ce CITY fllr' ":ii,J. U ly Church, Inc. 1400 CouNv-CrrY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CHARLES S. LEONE CITYATTORNEY CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ]LAW Rev. Timothy Rouse, President South Bend Common Council 455 County -City Building South Bend, IN 46601 PHONE 574/ 235 -9241 FAx 574/235 -9892 TDD 574/ 235 -5567 ALADEAN M. DERoSE CHIEF ASSISTANT CITY ATTORNEY October 16, 2007 -6 . -� �-o� RE: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Chapter 4, Article IV, Section 4 -30, of the South Bend Municipal Code Dear Council President Rouse: Attached for filing with the Common Council is an ordinance which creates operating standards for hotels and motels (collectively "hotels ") in the City of South Bend. The concepts for the ordinance grew out of the occurrences last spring at the Wooden Indian Motel, and we believe the proposed standards imposed on South Bend's hotel industry will reduce the problems caused by the few establishments generating most of the public safety personnel responses. As you will see, the ordinance uses a 3 -tier classification system based on police calls for service (CFS). This is an approach suggested in a study published by the U.S. Department of Justice titled "Disorder at Budget Motels" by Karin Schmerler, U.S. Department of Justice, Problem- Oriented Guides for Police Problems — Specific Guide Series No. 30. The intention of the ordinance is to impose minimum requirements upon well managed, trouble free hotels, and to require the problematic hotels to take action designed to reduce crime and violence on their premises. The South Bend Police Department conducted a preliminary CFS assessment of all local hotels, and found that if these remain the same, most South Bend hotels would fall in the Tier #1 category; one would fall in the Tier #2 moderately regulated category; and two hotels, including the Wooden Indian, would fall in the most regulated Tier #3 category., THOMAS L. BODNAR CHERYL A. GREENE .ANN -CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN The attached ordinance increases the license fees for all hotels, although the fee for Class 1 hotels is moderate (from $95.00 to $135.00) reflecting the additional administrative costs of preparing and issuing the CFS classification annually. The greatest cost of licensing is imposed on Tier 3 hotel ($505.00) which is similar to adult business licensing fees and which is caused by the cost of monitoring and assuring compliance with the ordinance. The South Bend Administration believes that this ordinance, when joined with the City's existent regulation of unreasonable noise, curfew, fireworks, pan handling, solicitation, and loitering, will add greatly to public safety and to the quality of life in South Bend. We hope the Common Council will review this ordinance favorably. I will present the ordinance to the Council at its Committee meeting and at its public hearing. Thank you. Sincerely, Charles S. Leone City Attorney CSL /sra Filled In Clerk's Offaloo 0 C 17 2001. JOHN IV cmr cLum,. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE IV, SECTION 4 -30, TITLED HOTELS AND MOTELS, OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The City of South Bend is committed to the health, safety and welfare of its residents. It is also a high priority of the Common Council to provide for the health, safety and welfare of visitors to the City. Certain hotels and motels (collectively "hotels ") can have disproportionately high rates of police and emergency calls for service, violence, prostitution and drug activity which can have a negative impact on health, safety and welfare of the community. Because there is no common set of operating standards within the hospitality industry that defines and shapes the obligation of hotel and motel businesses to their guests and the surrounding community, it is the intent of the Common Council to proactively establish local health, safety and welfare standards for hotels in the City of South Bend that will help create a vibrant and robust environment for the enjoyment of it tourists, visitors, residents and businesses. These amendments to the South Bend Municipal Code establish a program by which the City may measure criminal activity in hotels and then reduce the harmful effects of that criminal activity through various measures proven to be effective in other parts of the country. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 4, Article IV, Section 4 -30 of the South Bend Municipal Code shall be deleted in its entirety and amended to read as follows: Section 4 -30. Hotels and Motels. (a) Definitions. As used in this section, unless otherwise expressly stated, the following words and phrases shall have the following meanings: (1) Calls for Service includes but is not limited to any and all calls to emergency services (police, fire, medical, Code Enforcement) that result in a representative being dispatched or directed to the hotel. This shall include any calls for service within the surrounding neighborhood that through information or investigation can be traced to the hotel staff, registered -I- guest or visitor. Calls for service include any self initiated activity and/or investigation based on the observation(s) of an emergency services representative. Calls for services by Code Enforcement shall include only those calls relating to an immediate threat to health or safety. Calls for service shall be measured by one event or occurrence at a hotel. Multiple calls for one discrete event shall count as one call for service. (2) Drug related arrests include but are not limited to those that involve the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, sale, furnishing, administering, or giving away or providing a place to use or fortification of a place involving any illegal or controlled drug, narcotic or drug paraphernalia. (3) Guest shall mean any registered hotel guest or any other visitor who occupies a guestroom. (4) Guestroom means a sleeping room in a hotel designed and intended to be used as lodging for transient visitors to the city as documented by the city building official or his designee. (S) Hotel means any building or group of buildings or facility containing six or more guestrooms any of which is occupied or intended or designed for occupancy by transients for lodging or sleeping purposes for thirty days or less and is held out as such to the public, even if some rooms are available for lodging, sleeping, occupancy or rental for a term of more than thirty (30) days.. Hotel shall include motels. Hotel does not mean any hospital, convalescent home, or sanitarium. (6) Hotel operation means the occupancy of any guestroom or use of any hotel regardless of compensation or remuneration. (7) Operator means any person who is the proprietor of any hotel whether in the capacity of owner, lessee, receiver, sub - lessee, franchisee, mortgagee in possession, manager, or agent of any of the aforementioned who offers and accepts payment for rooms, guestrooms, sleeping accommodations, or board and lodging and retains the right of access to and control of the dwelling unit. (8) Person shall mean any natural person, firm, partnership, corporation, receiver, trustee, estate trust, business trust, organization or association. (9) Prostitution- related arrests include but are not limited to those that involve prostitution or prostitution related crimes such as pimping or pandering in violation of Section 13 -75.5 of the City of South Bend Municipal Code. (10) Residential rental unit means an apartment house, lodging house, or dwelling that is not owner occupied. -2- (I1) Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any person who in fact exercises occupancy or is in fact entitled to occupancy for a period of 31 days or more, counting portions of calendar days as full days, shall be deemed not to have been a transient with respect to the first 30 days of occupancy or entitlement to occupancy. (b) Classification of Hotel by CFS Ratio. (1) By January 10 of each calendar year, the South Bend Police Department shall determine the Call For Service (CFS)/Room Ratio of all Hotels located within the City of South Bend during the previous calendar year, or during the Hotel's actual operations if less than twelve (12) months. (2) Based upon this CFS Room Ratio determined by the South Bend Police Department, all Hotels within the City of South Bend shall be classified during that year according to the following tier system: a. Tier 1. Less than or equal to 0.35 CFS / Room /Year; b. Tier 2. Between 0.36 CFS / Room/Year to 1.0 CFS / Room / Year; and C. Tier 3. More than 1.0 CFS / Room / Year. (c) Notice of CFS Ratio and Proposed Classification to Hotel Owner. By January 15 of each calendar year the City Police Chief or his Designee shall notify each hotel owner within the City, in writing, of the CFS / Room / Year ratio which shall be used as the hotel's classification for that calendar year. (d) Duties of Hotel by CFS /Room Ratio. (1) A Tier 1 classified hotel owner shall not be required to make any changes to its method of operations. (2) A Tier 2 classified hotel owner shall be required to do all of the following: a. Have a staff member on the property twenty -four (24) hours per day. b. Maintain an operable surveillance camera in the lobby and parking areas at all times and preserve surveillance tapes for at least thirty (30) days; and c. Participate in a crime prevention assessment by the South Bend Police Department or other agency recognized by the South Bend Police Department as capable of providing a crime prevention assessment comparable or superior to the -3- assessment provided by the South Bend Police Department. (3) A Tier 3 classified hotel owner shall be required to do all of the following: a. Meet all requirements of owners of Tier 2 classified hotels; b. Require all guests to furnish government issued photo identification at the desk and retain a copy of the identification along with name, address and telephone number of employer and emergency contract as well as home address, home telephone number, and date of birth of guest; c. Submit to the South Bend Police Department the names, addresses, dates of birth and social security numbers of all employees, agents, and managers along with a criminal history for the previous ten (10) years prior to issuance of this hotel license; d. Submit a copy of training materials provided to all employees as to management practices including check -in procedures, security procedures, and emergency procedures; e. Maintain a strict twenty -one (21) years or older policy for both guests and visitors unless the guest is accompanied by a parent or legal guardian; E Retain the names and registration information of all persons who have been arrested on the property, caused a disturbance, acted in a manner which necessitated a call to police, or who did not follow hotel rules during rental and prohibit such persons from entering any portion of the hotel building, yard, parking lot, or other hotel property for a period of not less than six (6) months; g. Refuse to rent to known prostitutes, gang members, drug dealers, or any person visibly intoxicated or under the influence of illicit substances; h. Prohibit visitor access to any guest or resident room between the hours of 11:00 p.m. and 6:00 a.m. i. Prominently post a copy of the Rules required by this subpart in the hotel registration area and in all guest rooms. (e) License Requirement and Fees. (1) No person shall engage in the business of operating a hotel without first completing the prescribed application form, paying the required fee, and obtaining a license from the Office of the City Controller. This license fee comprises a five dollar ($5.00) application fee and shall be used for the cost of administration and enforcement of this Section, and shall be based upon -4- the classification Tier within the City of South Bend of the hotel as determined in subpart (b)(2) of this Section which fees are as follows: Tier 1 - $135.00 Tier 2 - $175.00 Tier 3 - $505.00 (2) The license application shall include the following: a. Name, address, and telephone number of intended operator. b. Trade name and street address of hotel. c. State and date of incorporation of operator if operator is a corporation. d. Name and phone number of person to be contacted in an emergency. Failure to provide or material misrepresentation of required information shall be grounds for denial of the license. (3) A hotel which has not previously operated in South Bend shall be presumed to be a Tier 1 hotel for purposes of licensing and fees for the first year of its operation. (4) A hotel must submit its application for license renewal by February 28th of each calendar year based upon its classification Tier for that year as determined by the South Bend Police Chief or designee. (5) The license acquired from the City shall be prominently displayed at all times in the hotel where it is visible to registering guests. (6) Each license shall expire February 28`h of the year following the year in which it is issued, and may be renewed only by making application as provided in Subsection 1 above. Application for renewal should be made at least twenty (20) days before the expiration date, and when made less than twenty (20) days before the expiration date, the expiration of the license will not be affected. (f) Change of Hotel Tier Classification . The City may change the status of any Tier 1 or Tier 2 hotel operator during a calendar year upon notice in writing to the owner that the CFS /Room Ratio of such hotel has increased proportionately such that the CFS / Room Ratio if annualized would fall within the Tier 2 or Tier 3 level. Upon such notice, the owner shall have ten (10) days from the date of notice to show proof that the revised CFS is erroneous, and shall have thirty (30) days from the date of notice to implement the changes in operation required by the revised classification and to pay the difference between Tier 1 license and the Tier 2 or Tier 3 license, whichever is applicable. Failure to comply with this provision may result in revocation of the -5- license. (g) Denial of License. (1) The license of a Tier 1 hotel shall be issued upon submission of application and payment of fee. The license of a Tier 2 or Tier 3 hotel shall be issued upon submission of application; payment of fee, and upon inspection performed by the South Bend Police Department indicating that the owner is in substantial compliance with the operations requirements of a Tier 2 or Tier 3 hotel. (2) The City may deny issuance of a license to any Tier 2 or Tier 3 hotel which the South Bend Police Department inspection finds, to be not in compliance with the Tier 2 or Tier 3 operation requirements. The owner shall have a period of thirty (30) days to correct the deficiency and request issuance of the license. Failure to show proof within thirty (30) days that the deficiency has been corrected shall constitute waiver of the owner's right to contest the denial. (3) If upon owner's submission of proof of corrected deficiency, the City may deny the license if it finds that the owner's corrective measures do not cure the deficiency, and the matter shall be scheduled for administrative hearing within thirty (30) days of the City's second denial. (4) An owner who has submitted an application, paid the license fee, and shown proof of correction following denial may continue to operate unless and until notified that the correction is inadequate. (h) Revocation of License. (1) The annual hotel license of any tier hotel shall be subject to revocation by the City Controller or designee upon good cause shown that the operation of the hotel constitutes endangerment of the health, safety, and/or welfare of guests or residents of the neighboring community by any of the following: (a) Non - compliance with federal, state laws or the South Bend Municipal Code. (b) Occurrence of drug related arrests of guests, employees, or visitors. (c) Prostitution related arrests of guests, employees, visitors or others. (d) Substantial and significant increase in CFS/Room Ratio. (2) The license holder shall be entitled to written notice of the basis for revocation including the dates when the occurrences took place, a history of the calls for service, and nature of the violations. A hearing shall be scheduled and the owner and operator identified in the license holder's application shall be given notice of the hearing date and time. IN (3) If the hearing officer affirms revocation, then Notice of Revocation of License to Operate shall be issued forthwith and posted at the hotel by a member of the South Bend Police Department. (4) Judicial Review. Judicial review of an adverse order of the hearing officer shall be subject to Indiana law governing review of agency action, Ind. Code 4- 21.5 -5 -1 et seq. (i) Penalty. Operating a hotel without a valid hotel license or failure to comply with any of the requirements of this Section may result in a fine up to the sum of Two Thousand Five Hundred Dollars ($2,500.00). Each day of violation shall constitute a separate offense. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common C uncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Deputy City Clerk Approved and signed by me on the o'clock . m. 1st READING l O PUBLIC HEARING �3 rd READING NOT APPROVED REFERRED PASSED day of 2 , at Mayor, City of South Bend, Indiana Filed In Clerk -s OfflcO OCT 1 7 2007 -7- JOH5 VOO R ND, IN. CITY CLERK, COUNTY --Cmr Bua DING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235 -9216 FAx 574/235 -9928 TDD 574/ 235 -5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANEuo CONTROLLER November 20, 2007 S Mr. Timothy Rouse, President South Bend Common Council 4`" Floor, County -City Building South Bend, IN 46601 Re: 2007 Budget Transfer & Appropriation Ordinances — Substitute Bills Dear President Rouse: Attached for the consideration and approval of the South Bend Common Council are substitute bills that appropriate and transfer necessary dollars to cover any shortfalls in major categories within the various City funds. In addition, I am enclosing for your information a worksheet that provides more detail of the individual line items affected by the proposed ordinances. Substitute bills are necessary because additional budget transfers have been received from Engineering, Century Center, and the Fire Department. Major categories include personnel, supplies, services, and capital. Depending on the fund, we have covered additional appropriations from either an excess balance in accounts or by cash balances. Transfers are covered by moving dollars from one category to another within the departmental budget. I am asking the Council to continue these bills to their December 10, 2007 meeting for advertising purposes. Please feel free to call me if you have any questions. Thank you for your favorable consideration of these ordinances. Sincerely, �8, H. Murphy Assistant/Acting City Controller Attachments Find In Clerk's Office NOY 2 0 2007 JOHN WORD'S CrrY CLERK, SG. BEND, IN. ,JAI TICE L. HAIL .JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMAnoNTECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets which necessitates the transfer of monies to certain accounts of various departments from adequate surpluses which are available and not presently needed within other accounts within the same department. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I: That the following Accounts be adjusted as described below: Fund/ Department Classification Increase Decrease GENERAL FUND (101) Mayor Personnel $2,300 Supplies $2,100 Other Services 200 City Clerk Other Services 3,224 Capital 3.224 Administration & Finance Personnel 20,000 Other Services 20,000 City Attorney Personnel 4,000 Supplies 4,000 Engineering Other Services 40,000 Personnel 10,000 Supplies 30,000 Building Maintenance Supplies 8,500 Personnel 8.500 Street Department Supplies 3,000 Other Services 3,000 Police Department Personnel 30,000 130,000 Economic Development Other Services 130,000 Other Services Fire Department Personnel General Administration 97,000 Parks Maintenance Supplies 32,000 64,800 33 636 Other Services 65,000 30,000 Code Enforcement Supplies 74,800 18,000 Golf Courses Other Services 18,000 15,000 Total General Fund Supplies 326 024 326 024 PARKS & RECREATION FUND (201) Potawatomi Zoo Personnel 30,000 Personnel Economic Development Supplies 20,000 Other Services Other Services General Administration 30,000 Parks Maintenance Personnel 64,800 33 636 Supplies 30,000 Park Administration Other Services 74,800 Golf Courses Personnel 15,000 Supplies 10,000 Other Services 5,000 13 800 $139,800 MOTOR VEHICLE HIGHWAY FUND (202) Street Department Capital 42,732 Other Services 35,000 Personnel 77.732 772 772 COMMUNITY & ECONOMIC DEVELOPMENT FUND (212) Community Development Supplies Personnel Economic Development Supplies 14,200 Other Services Personnel General Administration Other Services Personnel 2,336 2,336 2,100 14,200 16,300 15,000 15.000 33 636 33 636 MORRIS PERFORMING ARTS CENTER CAPITAL (416) Capital 250 Other Services 250 $250 250 WATERWORKS FUND (620) Water Works Clay Water Water Works Other Services Personnel Other Services Other Services 36,800 36,800 9,500 9,500 46 300 46 300 SEWAGE WOI" .M.N0 (041) Clay Sewage Other Services 3,200 Wastewater Operations Supplies 3,200 S3,200 3 200 CENTURY CENTER FUND (670) Personnel 85,000 Other Services 85,000 SU 000 85 000 SELF - INSURANCE EMPLOYEE HEALTH FUND (711) Personnel 9,196 Other Services 9,196 1 M $9,196 GRAND TOTAL — ALL FUNDS SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2007, at o'clock _ . m. Approved and signed by me on the o'clock . m. 1 st READING i I- t L -a? PUBLIC HEARING 3 rd READING NOT APPROVW REFERRED PASSED City Clerk day of , 2007, at Mayor, City of South Bend, Indiana Filed �� tet',6,5 office NOV 2 0 2007 CITY CAUNTY -Cm Bun DING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9216 FAx 574/235 -9928 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LuFcKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLo CONTROLLER November 20, 2007 _ Mr. Timothy Rouse, President South Bend Common Council 0 Floor, County -City Building South Bend, IN 46601 Re: 2007 Budget Transfer & Appropriation Ordinances — Substitute Bills Dear President Rouse: Attached for the consideration and approval of the South Bend Common Council are substitute bills that appropriate and transfer necessary dollars to cover any shortfalls in major categories within the various City funds. In addition, I am enclosing for your information a worksheet that provides more detail of the individual line items affected by the proposed ordinances. Substitute bills are necessary because additional budget transfers have been received from Engineering, Century Center, and the Fire Department. Major categories include personnel, supplies, services, and capital. Depending on the fund, we have covered additional appropriations from either an excess balance in accounts or by cash balances. Transfers are covered by moving dollars from one category to another within the departmental budget. I am asking the Council to continue these bills to their December 10, 2007 meeting for advertising purposes. Please feel free to call me if you have any questions. Thank you for your favorable consideration of these ordinances. Sincerely, H. Murphy Assistant/Acting City Controller Attachments Find In Clerk's Office Nov 2 0 2007 JOHN YOO9DE CITY CLEFK, 5O, BEND, IN. ,JANICE L. HAIL JOHN MURPHY ROBERT ALLEN DIRECTOR AssISTANI' CONTROLLER DIRECTOR HUMAN REsouRcEs INFoRmATIoNTEcHNoLoGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets which necessitates the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I: That the following Accounts be adjusted as described below: Increase Fund Classification (Decrease) General Fund (10 1) Administration & Finance Other Services $270,200 Animal Control Supplies 5,000 Other Services 23,500 Human Rights Other Services 7,800 Code Enforcement Personnel (17,000) Supplies (11,500) Human Rights Grant (258) Personnel 7,600 Other Services 6,114 Hall of Fame (313) Other Services 26,750 Firefighter's Pension (701) Other Services 3,680 Police Pension (702) Other Services 10,950 General Grant (250) Other Services 3,200 Solid Waste (610) Other Services 160,000 SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2007, at o'clock_ . m. Approved and signed by me on the o'clock . m. 1st READING (`'LL -o1 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of , 2007, at Mayor, City of South Bend, Indiana Filed In Clerk's Office Nov 2 0 2007 JOHN VOOROE CifY CLERK, SO. Increase Fund Classification (Decrease) Prof. Sports Development (377) Capital Contribution 150,000 Other Services 6,508 County Option Income Tax (404) Other Services 1,170 Capital 104,712 Water Leak Insurance (644) Other Services 175,000 TOTAL ADDITIONAL APPROPRIATION $933,684 SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2007, at o'clock_ . m. Approved and signed by me on the o'clock . m. 1st READING (`'LL -o1 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of , 2007, at Mayor, City of South Bend, Indiana Filed In Clerk's Office Nov 2 0 2007 JOHN VOOROE CifY CLERK, SO. 1200 COUNTY-CITY BUILDING 227W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR November 6, 2007 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will approve the Lease for the Eddy Street Commons and Triangle Projects in the Northeast Neighborhood. Financing for these projects is being done as a Lease Revenue Bond to be issued by the Redevelopment Authority. Assets constructed with the bond proceeds, including a parking garage, various street improvements, site improvements and utility work, will be leased to the Redevelopment Commission. This Lease includes provisions for lease payments of $3,717,000 per year. The Eddy Street Commons and Triangle Projects will generate $185,000,000 of private investment for a mixed use project containing retail, office and residential development along with two hotels. Jeff Gibney or I will make presentation to the Council at your May 29th meeting. If you have any questions, please call me at 235 -9339. Sin erely, �'L V�e ld E. Inks <' Director Economic Development cc: Jeff Gibney Don Inks Filed In Clerk's Office NOV - 7 2007 JOHFJVOORDE CITY CLERK, SO. BEND, IN._ COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAIU4ELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 5741235 -9371 ELIZABETH LEONARD Fax: 574/235 -9697 574/235 -9371 F ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), governing body of the South Bend Department of Redevelopment and the South Bend Redevelopment District (the 'Redevelopment District "), exists and operates under the provisions of Indiana Code 36 -7 -14, as amended from time to time (the "Act "); and WHEREAS, the Commission has adopted various resolutions (i) declaring certain real estate in the Redevelopment District, known as the Northeast Neighborhood Development Area (the "Area "), to be a redevelopment area within the meaning of the Act, determining that it would be of public utility and benefit to redevelop the Area pursuant to a development plan, as amended, and (ii) designating the entire Area as an allocation area ( "Allocation Area No. 1") having boundaries as described in Declaratory Resolution No. 2016, as amended; and WHEREAS, the Commission has amended this designation so that a portion of the Area and Allocation Area No. 1 are deemed a housing program pursuant to Section 45 of the Act named the "Northeast Neighborhood Development Area Housing Program" and a housing allocation area pursuant to Sections 39 and 48 of the Act named the "Northeast Neighborhood Development Area, Allocation Area #2 "; and BDDB01 4928711v1 WHEREAS, Kite Realty Group, L.P. has proposed a mixed use development commonly known as the Eddy Street Commons development encompassing approximately twenty -three (23) acres located in the City of South Bend adjacent to the University of Notre Dame campus and which mixed use development is proposed to include the following: retail shops, apartment homes, office space, one full service hotel with conference facilities and three floors of condominiums, one limited service hotel, condominium homes in four different product types, open space and a parking garage structure (collectively, the "Development "); and WHEREAS, the South Bend Redevelopment Authority (the "Authority ") at a meeting on October 17, 2007, adopted Resolution No. 161, which, among other things, approved a proposed lease between the Authority and the Commission to be dated as of October 15, 2007 (the "Lease "), for certain land and public improvements, in support of the Development in or serving the Area including, without limitation: a parking garage structure; the reconstruction and/or the extension of Eddy, Burns, Georgiana, Duey, and Napoleon Streets; the upgrading and replacement of water mains, sanitary and storm sewers and site preparation; the extension and upgrading of electrical, telephone and high speed internet services; other related services including, without. limitation, engineering and geotechnical testing; and related improvements (collectively, the "Project "), and directed the Secretary- Treasurer of the Authority to file a copy of said Lease, as approved, with the Commission; and WHEREAS, the Commission, at a meeting on October 9, 2007, approved the form of the Lease, scheduled a public hearing on said Lease to be held on November 2, 2007, pursuant to IC 36 -7 -14 -25.2, and authorized the publication of a notice of public hearing on said Lease pursuant to IC 5 -3 -1; and BDDBOI 4928711v1 - 2 - WHEREAS, on November 2, 2007, said public hearing was held and all interested parties were provided the opportunity to be heard at the hearing; and WHEREAS, the Commission, at its meeting on November 2, 2007, adopted Resolution No. 2392, finding, pursuant to IC 36- 7- 14.5 -14, that the rental payments to be paid by the Commission to the Authority pursuant to said Lease, at a rate not to exceed Three Million Seven Hundred Seventeen Thousand and 00 /100 Dollars ($3,717,000.00) per year, subject to reduction as set forth in the Lease, in semiannual installments beginning on the day the Project is complete and ready for use, or February 1, 2011, whichever is later, are fair and reasonable, and finding, pursuant to IC 36 -7 -14 -25.2, that the use of the Project throughout the term of the Lease will serve the public purpose of the City of South Bend, Indiana (the "City "), and is in the best interests of its residents; and WHEREAS, said Resolution No. 2392 further authorized the Secretary of the Commission to file with the Common Council of the City (the "Common Council ") an approving ordinance for the purposes of said Common Council's finding, prior to the Commission's execution of said Lease, that the rental payments are fair and reasonable and that the use of the Project throughout the term of said Lease will serve the public purpose of the City and is in the best interests of its residents, and for purposes of approving the Lease; and WHEREAS, the Common Council desires to approve said Lease, pursuant to IC 36 -7 -14 -25.2, which provides that any lease approved by a resolution of the Commission must be approved by an ordinance of the fiscal body of the unit; BDDBOI 492871Iv1 - 3 - NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: 1. The Common Council hereby finds that the rental payments, as approved by the Commission, are fair and reasonable, and further finds that the use of the Project throughout the term of the Lease will serve the public purpose of the City and is in the best interests of its residents. 2. The Common Council hereby approves said Lease, as approved by the Commission, pursuant to IC 36 -7 -14 -25.2, in substantially the form provided at this meeting and attached hereto as Exhibit A. 3. This Ordinance shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. BDDB01 49287110 - 4 - COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Coun 11 ATTEST: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2007, at o'clock .m. City Clerk Approved and signed by me on the day of o'clock m. 1st READING l <— I Z—O 7 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED BDDB01 4928711v1 Mayor, City of South Bend, Indiana -5- 2007, at Hied in Clerk's Offi D N - 7 2007 JOHN v a ��t�a IM. CITY CLEIRK, r , EXHIBIT A [FORM OF LEASE] BDDBOI 4928711v1 LEASE Between SOUTH BEND REDEVELOPMENT AUTHORITY and SOUTH BEND REDEVELOPMENT COMMISSION DATED AS OF OCTOBER 15, 2007 (Eddy Street Commons Project) BDDBOI 4905105v1 INDEX Exhibit A Permitted Encumbrances Exhibit B Project Description BDDB01 4905105v 1 Page Section1. Definitions ....................................................................................... ..............................1 Section2. Lease of Project .............................................................................. ............................... 2 Section3. Rental Payments ............................................................................. .............:................. 3 Section 4. Rental Payment Dates and Amounts .............................................. ............................... 3 Section5. Abatement of Rent .......................................................................... ............................... 4 Section6. Net Lease ................... ............................... .................................. ............................... 4 Section 7. Nonliability of Authority ................................................................ ............................... 4 Section8. Alterations ...................................................................................... ............................... 5 Section9. Insurance ........................................................................................ ............................... 5 Section 10. Use of Insurance and Condemnation Proceeds ............................ ............................... 5 Section11. Liability Insurance ........................................................................ ............................... 5 Section 12. General Insurance Provisions ....................................................... ............................... 6 Section 13. General Covenants ....................................................................... ............................... 6 Section 14. Option to Purchase ....................................................................... ............................... 6 Section15. Defaults ........................................................................................ ............................... 7 Section16. Notices ........................................................................................... ..............................7 Section 17. Construction of Covenants ........................................................... ............................... 7 Section 18. Successors or Assigns .................................................................. ............................... 7 Exhibit A Permitted Encumbrances Exhibit B Project Description BDDB01 4905105v 1 LEASE This Lease entered into as of the 15a' day of October, 2007, between the SOUTH BEND REDEVELOPMENT AUTHORITY, a body corporate and politic organized and existing under Indiana Code 36 -7 -14.5 (the "Authority ") and the SOUTH BEND REDEVELOPMENT COMMISSION, the governing body of the City of South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana (the "Lessee "), acting for and on behalf of the City of South Bend, Indiana, WITNESSETH: Section 1. Definitions. The terms defined in this Section 1 shall for all purposes of this Lease have the meanings herein specified unless the context otherwise requires. "Act" means Indiana Code 36 -7 -14.5, as the same from time to time may be amended or supplemented. "Authority" means the South Bend Redevelopment Authority, a body corporate and politic organized and existing under the Act, or if said Authority shall be abolished, the authority, board, body, instrumentality or agency succeeding to the principal functions thereof. "Bonds" means South Bend Redevelopment Authority Lease Rental Revenue Bonds (Eddy Street Commons Project). "Eddy Street Commons Principal and Interest Account" means the account by that name created in the Redevelopment District Bond Fund by the Lease Resolution. "Lease" means this Lease as the same may be amended, modified or supplemented by any amendments or modifications hereof or supplements hereto entered into in accordance with the provisions hereof. "Lessee" means the South Bend Redevelopment Commission, the governing body of the City of South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, or if said Commission shall be abolished, the commission, board, body or agency succeeding to the principal functions thereof. "Lease Resolution" means the resolution of the Commission passed on -12007 . , establishing funds for the payment of lease rentals. "Permitted Encumbrances" means those items listed in Exhibit A hereto and any future (a) liens for taxes not then delinquent, (b) this Lease and the Trust Agreement, leases, subleases and other agreements permitted pursuant to Section 13 hereof, (c) utility, access and other easements and rights -of -way, restrictions and exceptions that Lessee certifies will not interfere with or impair the Project, (d) any mechanics', laborers', materialmen's, suppliers' or vendors' lien or right in respect thereof BDDB01 4905105v1 if payment is not yet due and payable and (e) such minor defects, irregularities, encumbrances, easements, rights -of -way and clouds on title as do not, in the opinion of the Trustee, materially impair the Authority's title or Lessee's use of the Project. "Project" means the real estate (including all right -of -way easements contained therein) in St. Joseph County, Indiana, and the local public improvements to be completed thereon by the Authority or its agent according to the plans and specifications prepared by its consultants, all as described in Exhibit B hereto. The above mentioned plans and specifications may be changed and additional construction work may be performed and improvements may be purchased by the Authority, but only with the approval of the Lessee, and only if such changes or modifications or additional construction work or improvements do not alter the character of the Project or reduce the value thereof. Any such additional construction work or additional improvements shall be part of the property covered by this Lease. The above - mentioned plans and specifications have been filed with and approved by the Lessee. "Redevelopment District Bond Fund" means the Redevelopment District Bond Fund of Lessee authorized by Indiana Code 36- 7 -14 -27 and the Lease Resolution. "Trust Agreement" means the Trust Agreement dated as of , 2007, between the Authority and the Trustee, securing the Bonds. "Trustee" means the financial institution selected to serve as trustee pursuant to the Trust Agreement, and any successor trustee. Any term not defined herein, which is defined in the Lease Resolution or in the Trust Agreement, shall have the meaning as defined in such resolution or agreement. Section 2. Lease of Project. In consideration of the rentals and other terms and conditions herein specified the Authority does hereby lease, demise and let to the Lessee the Project: TO HAVE AND TO HOLD the same with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee for a term not to exceed Twenty -five (25) years, beginning on the date the Project is complete and ready for use and ending on the day prior to such date at most Twenty -five (25) years thereafter. However, the term of this Lease shall terminate at the earlier of (a) the exercise of the option to purchase by Lessee and payment of the option price, or (b) the payment or defeasance of all obligations of Lessor incurred (i) to finance the cost of the leased property, (ii) to refund such obligations, (iii) to refund such refunding obligations. The date the Project is complete and ready for use shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after such completion date and such endorsement shall be recorded as an addendum to this Lease. The Authority hereby represents that it is possessed of, or will acquire, a good and indefeasible estate in fee simple or an insurable right -of -way easement subject only to Permitted Encumbrances, to the above - described real estate, and the Authority warrants and will defend the same against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee. BDD801 4905105v1 - 2 - Section 3. Rental Payments. (a) During the term of this Lease, the Lessee agrees to pay rental for said premises as set forth in Section 4 hereof. Such rental shall be paid from the Eddy Street Commons Principal and Interest Account of the Redevelopment District Bond Fund. All rentals payable under the terms of this Lease shall be paid to the Trustee or to such other bank or trust company as may from time to time succeed the Trustee under the Trust Agreement. All payments so made shall be considered as payments to the Authority of the rentals payable hereunder. The Lessee shall receive credit for any Bond maturing within seven (7) days of the date of the lease rental payment, at the face value thereof, which the Lessee acquires and delivers to the Trustee as a part of its lease rental payment; and (b) As additional rental the Lessee agrees to pay all fees, charges and reimbursement of expenses of the Trustee under the Trust Agreement and all prudent charges and expenses of the Authority incurred in the performance of its obligations hereunder. Section 4. Rental Payment Dates and Amounts. The first semiannual rental installment in the amount of One Million Eight Hundred Fifty -eight Thousand Five Hundred and 00 /100 Dollars ($1,858,500.00) shall be due on the day that the Project is complete and ready for use or February 1, 2011, whichever is later. If completion is later than February 1, 2011, the first installment shall be in an amount which provides for rental at the rate of $1,858,500.00 for the semiannual period in which the Project is complete and ready for use, prorated from the date of completion until the first February 1 or August 1 following such date of completion. Thereafter such rentals shall be payable in advance in semiannual installments of $1,858,500.00 on February 1 and August 1 of each year until the rental is increased as set forth herein. The last semiannual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the amount specified above for the applicable semiannual period prorated from the date such installment is due to the date of the expiration of this Lease (without taking into account any subsequent early termination of this Lease pursuant to Section 2 hereof). After the sale of the Bonds issued by the Authority to pay the cost of the Project and other expenses incidental thereto, the sum of the first and second semiannual rental installments and the sum of the third and fourth semiannual rental installments, and so on, shall be reduced to an amount equal to the multiple of One Thousand Dollars ($1,000.00) next highest to the highest sum of principal and interest due in any year ending on a Bond maturity date on such Bonds plus Three Thousand Dollars ($3,000), payable in equal semiannual installments, assuming for such purposes that the semiannual rental installment payable following acquisition of the Project is due on February 1, 2011. Such amount of reduced annual rental shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after the sale of said Bonds, and such endorsement shall be recorded as an addendum to this Lease. BDDB01 49051050 - 3 - The Lessee will not take any action or fail to take any action that would result in the loss of the exclusion from gross income for federal tax purposes of interest on the Bonds pursuant to Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code "), as in effect on the date of delivery of the Bonds, nor will the Lessee act in any manner which would adversely affect such exclusion. The Lessee further covenants that it will not make any investment or do any other act or thing during the period that any Bond is outstanding hereunder which would cause any Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as in effect on the date of delivery of the Bonds. All officers, members, employees and agents of the Lessee are authorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the Lessee as of the date the Bonds are issued and to enter into covenants on behalf of the Lessee evidencing the Lessee's commitments made herein. Section 5. Abatement of Rent. In the event that all or a portion of the Project shall be damaged or destroyed so as to render the damaged or destroyed portion of the Project unfit for its intended use, it shall then be the obligation of the Authority to restore and reconstruct the damaged or destroyed portion of the Project as promptly as may be done, unavoidable strikes and other causes beyond the control of the Authority excepted, if, in the opinion of an independent registered architect, registered engineer, construction manager or contractor selected by the Lessee and acceptable to the Trustee, (i) the cost of such restoration or reconstruction does not exceed the amount of the proceeds received by the Authority from the insurance provided for in Section 9 hereof plus other moneys available therefor and (ii) such restoration or reconstruction can be completed within the period of time covered by the rental value insurance provided for in Section 9 hereof. If either or both conditions shall not exist, the proceeds received from the insurance provided for in Section 9 hereof shall be applied to the option to purchase price provided for in Section 14 hereof. The rental shall be abated pro rata for the period during which the damaged or destroyed portion of the Project is unfit for its intended use. Section 6. Net Lease. It is expressly understood and agreed that this Lease shall be what is known as a net lease i.e., the rent being absolutely net to the Authority and that all other expenses in connection with the Project of any nature whatsoever shall be those of the Lessee) and that during the lease term the Lessee shall be obligated to pay as its expenses without reimbursement from the Authority all costs of taxes and assessments, if any, and maintenance, operation and use in connection with or relating to the Project, including but not limited to all costs and expenses of all services, repair or replacement of all parts of the Project or improvements of the Project. Section 7. Nonliability of Authority. The Authority shall not be liable for damage caused by hidden defects or failure to keep the Project in repair and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, or other pipes or the bursting or leaking of plumbing or heating fixtures in connection with said premises, nor for damage occasioned by water, snow or ice. The Authority shall not be liable for any injury to the Lessee or any sublessee of the Lessee or any other person which injury occurs on, in or about the Project howsoever arising. The Authority shall not be liable for damage to the Lessee's property or to the property of any sublessee of the Lessee or of any other person which may be located in, upon or about the Project. BDDB01 4905105x1 - 4 - Section 8. Alterations. Lessee shall have the right, without the consent of the Authority, to make all alterations, modifications and additions and to do all improvements it deems necessary or desirable to the Project, which do not reduce the rental value of the Project. Section 9. Insurance. The Lessee, at its own expense, will, during the full term of the Lease, keep the Project insured against physical loss or damage, however caused, with such exceptions as are ordinarily required by insurers of properties of a similar type, in good and responsible insurance companies acceptable to the Authority. Such insurance shall be in an amount at least equal to the greater of (i) the option to purchase price or (ii) one hundred percent (100 %) of the full replacement cost of such Project as certified by a registered architect, a registered engineer, or professional appraisal engineer, selected by the Authority with the approval of the Trustee, on the effective date of this Lease and on or before the first day of April of each year thereafter; provided that such certification shall not be required so long as the amount of such insurance shall be in an amount at least equal to the option to. purchase price. Such appraisal may be based upon a recognized index of conversion factors. In no event shall the insurance be in an amount which causes the Lessee to be a co- insurer for the Project. Such insurance may contain a provision for a deductible in an amount not exceeding $25,000. Lessee agrees to pay the deductible amount of any loss to the Authority. A blanket public institutional property insurance form may be used if: (a) the insurance on the Project is not less than the amount required by this Section, (b) the Lessee subordinates its claim for damage or destruction to other buildings or improvements to claims for damage or destruction of the Project, and (c) the insurance proceeds related to damage to or destruction of the Project are payable to the Trustee. During the full term of this Lease, the Lessee will also, at its own expense, maintain rental or rental value insurance in an amount at least equal to the full rental specified in Section 4 for a period of two (2) years against physical loss or damage of the type insured against pursuant to the preceding requirements of this Section. Such policies shall be for the benefit of and shall be made payable to the Trustee. Section 10. Use of Insurance and Condemnation Proceeds. Proceeds of insurance against damage to or destruction of the Project or proceeds of any condemnation of the Project shall be paid to and held by the Trustee and used to pay for reconstruction or replacement of the Project in accordance with plans approved by the Authority and the Lessee, unless the Lessee elects to exercise its option to purchase. Section 11. Liability Insurance. The Lessee shall, at all times during the full term of this Lease, keep in effect, public liability and property damage insurance, insuring the Lessee, the Authority and the Trustee in amounts customarily carried for similar properties. Such insurance may be provided under the public liability self- insurance program of the City of South Bend. BDDBO1 4905105v1 - 5 - Section 12. General Insurance Provisions. All insurance policies required by Sections 9 and 11, shall be with insurance companies rated B+ or better by A.M. Best Company (or a comparable rating service if A.M. Best company ceases to exist or rate insurance companies), and shall be countersigned by an agent of the insurer who is a resident of the State of Indiana, and such policies, or copies thereof, and the certificate of the architect or engineer referred to in Section 9 shall be deposited with the Authority and the Trustee. If, at any time, the Lessee fails to maintain insurance in accordance with Sections 9 and 11, such insurance may be obtained by the Authority, or may be obtained by the Trustee, and the amount paid for such insurance shall be added to the amount of rental payable by the Lessee under this Lease; provided, however, that neither the Authority nor the Trustee shall be under any obligation to obtain such insurance, and any action or non- action of the Authority or Trustee in this regard shall not relieve the Lessee of any consequences of a default in failing to obtain such insurance. Section 13. General Covenants. The Lessee shall not assign this Lease. The Lessee covenants that, except for Permitted Encumbrances, it will not encumber the Project, or permit any encumbrance to exist thereon, and that it shall use and maintain the Project in accordance with the laws and ordinances of the United States of America, the State of Indiana, and all other proper governmental authorities. The Authority agrees that it will, at the request of the Lessee, execute and deliver to or upon the order of the Lessee such instrument or instruments as may be reasonably required by the Lessee in order to subject the Project, or the Authority's interest therein, to such encumbrances as shall be specified in such request and as shall be permitted by the provisions of this Section 13 or otherwise by the definition of "Permitted Encumbrances ". Section 14. Option to Purchase. The Authority hereby grants Lessee the right and option, on any rental payment date, upon thirty days' written notice to the Authority, to purchase the Project at a price equal to the amount required to enable the Authority to provide for the redemption of all outstanding Bonds, all premiums payable on the redemption thereof, and accrued and unpaid interest, and to pay the cost of redeeming the Bonds and liquidating the Authority if it is to be liquidated. Upon request of the Lessee, the Authority agrees to furnish an itemized statement setting forth the amounts required to be paid by the Lessee on the next rental payment date in order to purchase the Project in accordance with the preceding paragraph. If the Lessee exercises its option to purchase, the Lessee shall pay to the Trustee that portion of the purchase price which is required to provide for the payment of all the Bonds, including all premiums payable on the redemption thereof, accrued and unpaid interest thereon and the costs of redemption thereof. Such payment shall not be made until the Trustee gives to the Lessee a written statement that such amount will be sufficient to retire all Bonds including all premiums payable on the redemption thereof and accrued and unpaid interest. The remainder of such purchase price, if any, shall be paid by the Lessee to the Authority. Nothing herein contained shall be construed to provide that the Lessee shall be under any obligation to purchase the Project, or under any obligation in respect to any creditors or bondholders of the Authority. BDDBOI 4905105vl - 6 - If the Lessee has not exercised its option to purchase the Project at the expiration of 'the term of the Lease and upon the full discharge and performance by the Lessee of its obligations under this Lease, the Authority shall execute a deed of the Project to the Lessee conveying good and merchantable title thereto, subject only to Permitted Encumbrances. Section 15. Defaults. If the Lessee shall (a) default in the payment of any rentals or other sums payable to the Authority hereunder, or in the payment of any other sum herein required to be paid for the Authority, (b) fail to comply with the terms set forth in the Lease Resolution, or (c) default in the observance of any other covenant, agreement or condition hereof, and such default under (c) shall continue for ninety (90) days after written notice to correct the same, then, in any of such events, the Authority may proceed to protect and enforce its rights, either at law or in equity, by suit, action, mandamus or other proceedings, whether for specific performance of any covenant or agreement contained herein or for the enforcement of any other appropriate legal or equitable remedy. Section 16. Notices. Whenever either party shall be required to give notice to the other under this Lease, it shall be sufficient service of such notice to deposit the same in the United States mail, in an envelope duly stamped, registered and addressed to the other party at its last known place of business. A copy of any notice shall be mailed by first -class mail to the Trustee at its last known place of business. Section 17. Construction of Covenants. All provisions contained herein shall be construed in accordance with the provisions of the Act and to the extent of inconsistencies, if any, between the covenants and agreements in this Lease and the provisions of the Act, the provisions of said Act shall be deemed to be controlling and binding upon the parties. Section 18. Successors or Assigns. All covenants of this Lease, whether by the Authority or the Lessee, shall be binding upon the successors and assigns of the respective parties hereto. BDDBOI 4905105x1 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed for and on their behalf as of the day and year first hereinabove written. ATTEST: Secretary- Treasurer m. ATTEST: Secretary SOUTH BEND REDEVELOPMENT AUTHORITY President SOUTH BEND REDEVELOPMENT COMMISSION President BDDB01 4905105v1 - 2 - STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known by me to be the President and Secretary- Treasurer, respectively, of the South Bend Redevelopment Authority, and acknowledged the execution of the foregoing Lease for and on behalf of said Authority. WITNESS my hand and Notarial Seal this (SEAL) My commission expires: Resident of St. Joseph County, Indiana STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) day of , 200_. (Written Signature) (Printed Signature) Before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known by me to be the President and Secretary, respectively, of the South Bend Redevelopment Commission, and acknowledged the execution of the foregoing Lease for and on behalf of said Commission. WITNESS my hand and Notarial Seal this day of (SEAL) My commission expires: Resident of St. Joseph County, Indiana (Written Signature) (Printed Signature) 200— "I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document unless required by law." This instrument was prepared by Randolph R. Rompola, BAKER & DANIELS LLP, 205 West Jefferson Boulevard, Suite 250, South Bend, Indiana 46601. BDDB01 49051050 - 3 - EXHIBIT A PERMITTED ENCUMBRANCES The encumbrances and exceptions to the title set forth on the Policy of Title Insurance covering the real estate and improvements thereon which are subject to the Lease to be provided at the time the Bonds are delivered. BDDB01 4905105v 1 A-1 EXHIBIT B PROJECT DESCRIPTION The Project consists of certain local public improvements including, without limitation: a parking garage structure; the reconstruction and/or the extension of Eddy, Burns, Georgiana, Duey, and Napoleon Streets; the upgrading and replacement of water mains, sanitary and storm sewers and site preparation; the extension and upgrading of electrical, telephone and high speed intemet services; other related services including, without limitation, engineering and geotechnical testing; and related improvements in an area known as the Eddy Street Commons development in the City and to be located generally within an area bounded on the north by Edison Road, on the west by Eddy Street, on the south by State Road 23 and on the east by the eastern boundary of the Northeast Neighborhood Development Area, Allocation Area #2. BDDB01 4905105v1 B-1 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1126 VICTORY DRIVE WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4- 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the .Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1126 Victory Drive in order to permit an assisted living home in a "SF1" District SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. PRESENTED k V,�ti�� 1 AOT APPROVED APOPTED Member of the Common Council ' Filed In ClefWs 0111cO =2- ,;ii tp WORDE -C,fir r3 sR4., Sn. SEND.. _ ' 114. _ BOARD OF ZONING APPEALS Of The city of South Bend PETITION APPLICANT'S NAME :5tephen Kiai & Pauline Kieme PHONE 574 2990767 ADDRESS:5240 Miami Street South Bend Indiana 46614 ADDRESS OF PROPERTY 1126 Victory Ave South Bend Indiana 46615 PRESENT ZONING OF PROPERTY::SF1 District OWNERS NAME :Stephen Kiai &Pauline Kieme PHONE 574 299 0767 ADDRESS 5240 Miami St South Bend 46614 COUNSEL OR CONSULTANT PHONE ADDRESS Seeking a.Special Kxception to allow an assisted living home in a "SF1" District. The proposed use will not be injurious to the public health, safety convenience or general welfare of the area because there will be only 1 -3 seniors and one caregivers living in the property. The proposed will not injure or adversely affect the use of the adjacent area of the property values therein because this is generally homelike setting just as the seniors are living in their own homes only that they are getting little or no assistance. This is like a companion home. There will also not be too much commotion of traffic in and out loading and unloading like any regular care center. Also the property .is well maintained and kept and therefore properly value will not be affected. P osed use will be consistent with the character of the district in which it is located ro and land use therein There will be 1 -3 seniors living here who need little or no assistance most of the seniors are in the home for companionship and reminders to take their medication if need be hence consistent with the character of the district. Proposed use is compatible with the recommendations of the city of South Bend comprehensive plan in that this is a residential area and is being used by our loved seniors as a nursing home alternative which is home -like setting and the seniors feel like they are still living in their respective homes. I attest under the penalties for perjury, that the foregoing .representations are true. Signature of Property Owner(s) j ca R NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of South Bend will 1101d ',1 public hearing in the Council Chambers on the 4 "' Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, India na on the day of at 3:00 p.m. or as soon thereafter as the matter can be heard. This hearin 7 is for the purpose of considering a ' R petition that was filed by h An SEEKING: on certain real estate in the City of South Bend. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: U I F / /J AND IS LEGALLY DESCRIBED AS: • � 31 M Any person desiring to oppose or` suppo 4pition will be heard at that time. Dated this day of 6 7 B BOARD OF ZONING APPEALS 4, OF THE CITY OF SOUTH BEND f i 4 Carolyn A. H -y, Secretary to the B d CO TO THE PL+'� 'I i responsibility to complete this form correctly and deliver it to the Secretary of the Board of n A e pith the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Board of Zoning Appeals of the City of South Bend, on Thursday, the IS day of 00, y!T bQ/ at 3:00 p.m. ill the Council Chambers on the 4'h Floor of the Countv -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by SEEKING: N ON PROPERTY COMMONLY DESCRIBED AS: Said public hearing will be held as authorized by the applicable zoning Ordinance and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. Any person desiring to oppose or support said petition will. be heard at that time. BOARD OF ZONING APPEALS OF THE CITY OF S OUTH - BEND Carolyn A. eery - I , St. Joseph Rec Yarcets uounry PARCELID ravuum NAME I STREET Lm 23P P 1 18- 5157-6151 CATANZARITE RYAN T 1102 VICTORY AVE South Bend IN 46615 2 18- 5157 -6150 MONAHAN JOHN E. AND VERA 17tt6 VICTORY AV South Send IN 46815 3 1B- 5157 -6149 LUBOVAGSADIJA & SAHZA 1110 VICTORY South Bond IN 46615 4 18- 5157 -6148 JENKINS JOHN G. AND M. PATRICIA 1114 VICTORY AV South Bend IN 46615 5 18 -5157 -6147 KOSIC MELISA 1118 VICTORY AV South Bend IN 46615 . y a 6 18- 5157 -6146 KOVACH LOUIS R- AND THERESA 1122 VICTORY South Bend IN 46615 7 18- 5210 - 786803 MADISON RESIDENTIAL SERVICES INC 403 E MADISON South Bend IN 46617 8 18- 5157 -6145 KIM STEPHEN & PAULINE KIEME 1126 VICTORY AV South Bend IN 46615 YORK JAMES E & YORK PATRICK A JT WIFROS 9 18-5157 -6144 JAMES E YORK LIFE ESTATE 1202 VICTORY AVE South Bend IN 46615 10 18 -5157 -6143 COMARTIE RICHARD D 1206 VICTORY AV South Bend IN 46615 11 18- 5157 -6142 PRUITT TERANCEA & JEAN 1210 VICTORY AV South Bend IN 46615 12 18 -5157 -6141 BEIMFOHR SIEGMUND T & 1 CAROL R 1 1216 VICTORY South Bend IN 46615 IRWIN PAUL K & STACEY 13 18 -5157 -6139 B'SEE MISC NOTES 1220 VICTORY AV South Bend IN 46515 SOUTH BEND COMMUNITY. SCHOOL CORP EDISON SCHOOL BUILDING CORPORATION DIRECTOR 14 18- 5157 -6073 OF SUPPORT SERVICES 215 SOUTH ST JOSEPH ST South Bend IN 46601 SCHOOL CITY OF SOUTH 15 18- 5158-6169 BEND 215 SOUTH ST JOSEPH ST South Bend IN 46601 CIVIL CITY OF SO BEND 00- 01 PROBLEM DEED 8601 16 18- 5210 - 786801 ING CHAIN CO -CITY BLDG 14TH FLR South Bend IN 46601 WATERFORD GLEN 17 18- 5210 -7868 APARTMENTS LLC 3012 I77TSON RD South Bend IN 46619 �c'x �.�•.+'�y.+,•, . s•. �� +�,r, ^, is ...,'� �_ y .�..' f+9w�'•".'•".."„'_.. •as._♦ :•s�w4 � ,,�..• - }' Fria'- '°'•'rYS1"Q'.,.'it. t ( s�»y.� s a - 3e y '"" �,�,. "f- . d x k,. i Y 7a� r �-a � t' 'r ,� � •s k S � • ,r'r � e �, e. '• •- {3k' _° 1 �} ��:. 1 rq �' C•' 1121:31 'j .. - _ ♦ y+Y�iJ l S,iirt•�1r .ls.i ��" ~� ` 1- i j'�� •tom ,�+. i - s L>: „ r 1�i ..W •.� �, r;'.,N � .. • � •. ty 1 <tS9 r F �� a�'u •• - �• V t ;,rryy� -•1'• � 'f'' < l ' y � �`.. a " �., � � � �-a r•ln =t -•i r.+faraw.+wa"RSi. {� �! 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J4•v r � (y � -� y i , ; + L �•. f4 �''SL6�� .� Y r +'�,��"%��F �Ii1 �"[ i Y � � t f'�si �,.1, y+yx�y�t� �.r:r_ t .' y 1 .;� L' .t • f `,wt' �' • • r !tj'Y c. t y a t,,,4 ti ,i f J, 'T f + c� ,�rj.� �i� 'w y 5 r i y, . �' +f A .' at L a n✓ 7kw�i , .•1 Ott r. - � " L.��. 7 A f r� �� Mi �.�},r -<.tti � • - �?' ""'� ,<, '': [. �� d"�S ♦.t i = 1, x t',. t..'1�y' 4� jr ,*r '. �� i�j 7a^f`f M r�.lr. .. i !.�� W Y�� ',` .t+�.n.'�Y +f h.. F772 r 'ft'. „„t-q{f fir,ry rti' '� -1 1 t •a^� .{w•.. t� fi• r � lt r �'+.�+, °-� , �1� t, t c i'�f ry ! r l '► -'^!' � "� .y� � e► � .w+ .r.. f,.,rfC •' L�UtI: li �+ � ,fir { ' ��lj ✓r� • ' '� _� ia'i po; �'� 'ty�s�� ;�; �: BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 October 19, 2007 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, hidiana 46601 RE: Petition for Special Exception BZA 10/18/07 The petition of Stephen Kiai and Pauline Kieme seeking a Special Exception to allow an Assisted living home in a "S171" District, on property located at 1126 Victory Ave. This p Property is zoned "SF1" Dear Council Members: The above referenced petition of Stephen Kiai and Pauline Kieme was legally advertised on October 4, 2007. The Board of Zoning Appeals gave it a public hearing on October 18, 2007, at which time the following action was taken: Upon a motion by Ms: Wilder - Hamilton, being seconded by Mr. Hoban and unanimously carried, the. petition for Special Exception to allow an assisted living home, on property located at 1126 Victory Ave., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Donald F. Fozo, C. .0. Building Commissioner DFF /cah KIAI S I:IEME (assisted living in "SF I") SPECIAL EXCEPTION PURSUANT 31- 09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND_ INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and genera] welfare of the community. 3. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OI: PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH TI-IE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COAfPREHENSII,E PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. y CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 1 STH Day of OCTOBER, 2007 YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ABSENT DAVID SASSANO ® MAURICE HOBAN ® ELONDA WILDER - HAMILTON STEPHEN KIAI AND PAULINE KIEME The petition of Stephen Kiai and Pauline Kieme seeking a Special Exception to allow an assisted living home in a "SF1" District, on property Located at 1126:Victory -:Ave; This property is zoned "SM ". MR. STEPEHN KIAI: Owners of the property at 1126 Victory Ave. We wanted to petition for having the property at 1126 to have a kind of an assisted living but it's going to be a family based where we're going to have three people in the house or two people in the house. Elderly people who are able to do different things. It is not medical based. It's not going to be liked a nursing home or the specialized assisted living. It's just going to be an easy way for a family mernber who is not able to be left home by themselves. Then we can keep them for them and take care of a family member. And it will not have any traffic or any kind of a structure changes. It is going to remain the same structure. And we don't expect any kind of a problem. M Board of Zoning Appeals — October 18, 2007 MS. WILDER - HAMILTON: I was just asking what are the rules for a day care home? Would it be like for children? What do we...? MR. HOFFMAN: I guess the first question is this is not going to be a day care type facility but a 24 hour live 111? MR. KLM: Not where people come in and out and go. It's where someone will come in and stay there for a prolonged period of time for how long their family wants. MR. FOZO: In the state building codes it address the assisted living homes and if it is five or less people it is considered a single family residence as far as the building codes so -it only has to meet the residential code. And of course for the zoning that is why they are coming in for a Special Exception. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE MR. SIEGMUND BEIMFOHR: I live at 1216 Victory which is four houses to the north of this. I guess I don't fully understand exactly what this is suppose to be except as a commercial endeavor I oppose to allowing a zoning change. We have enough problems in this city with the deterioration of neighborhoods because we constantly chip away at their character. This is a single family residential area and I guess I don't understand the purpose of having zoning in the first place if we constantly issue exceptions and variances to do commercial like activities inside the zoning. We have enough chipping away at the fringes without coming inside an area and malting exceptions. I just don't think that in a single family area there should be any exceptions or anything but what it is intended for and that's single family homes. Thank you. MR. HOFFMAN: Area Plan do you have anything to add? MR. LYONS: No nothing beyond our recommendations. MR. FOZO: Just a corninent on Special Exceptions. Every zoning districts in the City of South Bend has it's permitted uses and then it's Special Exceptions. So that is why this Board and Council is here so that they can hear them and review them on an individual basis. And there is not a zoning district in the City of South Bend that does not have Special Exceptions within that zoning ordinance. So this is a method for those to be reviewed separately from what is a permitted use in those districts. REBUTTAL: MR. KIAI: I would like to assure him that we aren't going to put a bold thing. Anyone passing by and see anything that would suggest that this a business or anything. This is going to retain that family oriented look to it. Unless you see a car there and we have a garage big enough for two cars in there so you're not going to be seeing a van or anything like that. So it's going to retain a normal look. MR. HOFFMAN: Are you going to be the caregivers? MR. KIAI: Yes we will be the caregivers. Maybe one or two people overnight to be with those people in the house. If we have two people then we will have one person that will be there so we will be having at least three people in the house. 5 Board of Zoning Appeals — October 18, 2007 MR. HOFFMAN: Have you found any clients yet? MR. KIAI: No yet. We had started advertising and we didn't know we had to be rezoned so we had to pull back. So we had to stop that process and wait till we are approved. MR. HOBAN: If I understand correctly the Special Exception, if the property is sold, the new owner would have to come back? No? MR. FOZO: Special Exception does. go with the property. As long as it is operated identical to the way it is being proposed, it would go with that property. If there was any major changes or a different use, of course yes, they don't have any right to make any changes. A Special Exception is granted to the property and remains with the property, so even if it became vacant for a one year period they could go back and open it up again according to the way it's being spelled out now. A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Ms. Wilder - Hamilton and seconded by Mr. Kilbase. The motion carried unanimously. After hearing the evidence on the petition, the Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36 -7 -4- 918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION OTHER BUSINESS: Con 12/05/2007 09:43 d JAMES D. MAM E, R.A,, Dcsign /flan Reriew specialist December 5, 2007 15742355541 ST.JOE —SB BLDG DEPT. ST. JOSEPH COUNTY /SOUTH BEND BUILDING DEPARTMENT 125 S. LArAYBTTE BLVD. SUITE 100 SOUTH ft-m, IN 46601 (574) 235 -9554 TDD 574- 235 -5567 FAx 574- 235 -5541 CHARLES C. BULOT INTERIM BUILDING COMMISSIONER TO: M..en1bers of the Common Council FROM: Chuck Bulot RE: 1 1.26 Victory Ave. Special Exception Use - Assisted Living Home Dear Council M:e.mbers: PAGE 01/01 Asst. Zoning Adn-dnintrator I hope the following information will answer any questions or confusion concerning this petition_ 1) An Assisted Living Home is allowed only by a Special Exception in the "SF1" Residential District. The Council determines on a case -by -case basis the feasibility of sucb a proposition. 2) Licensing by the State is not required until the use includes at least 10 people. 3) If the location serves 5 people or more, tliey must meet the building requirements for a commercial facility. This includes exiting, emergency lighting, parking and toilet facilities. 4) At the B7_A presentation, the minutes reflect that the number of "elderly" people would be 1 -3 and l or 2 caregivers. We will bold them to these numbers since they were represented and are part of the record. Anything beyond the scope of the previous statements can be determined by questioning the petitioner(s). Please feel fi-ce to contact me if you have any further questions concenain.g building or zoning issues. Sincere] Charles Bulot Interim Building Commissioner Fried In Clerk's Qlliee DEC - 5 �s�� ,0a CrrY ClE2K, RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1103 NORTH NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THOMAS F. & ANITA J. VELDMAN WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known 1103 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Fifty -eight (58) as shown on the recorded Plat of Edward Sorin's Second Edition to the Town of Lowell, now within and a part of the City of South Bend, excepting therefrom a lot or parcel of land 117 andl /4 feet in length, East and West, taken off of and from the entire width of the West end thereof and this property has Tax Key Number 18 -5104 -3645, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii.. evidencing significant building deficiencies; or C. Parcels of property in the area: L have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not - exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. K SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12..1 et se q. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED I NOT APPROVED' ADOPTED, Member of the ommon Coun i Filed In Clerk's Office NOV 1 3 2007 JOHN VOORDE CITY CLERK, SO. BEND, IN. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH MICHIGAN STREET FLOORS 1, 2, 4, 5, 9 AND 11 TO 14 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE -YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC (The Hinman Company) 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 202 S. Michigan Street, South Bend, Indiana, Floors 1, 2, 4, 5, 9 and 11 to 14, and which is more particularly described as follows: Lot 47 40' W Cor & Vacated Alley W & Adj & W 40 X 54' Lot 48 Ex Sw Cor O P So Bend; Lots 47 & 48 Ex W 40' Original Plat So Bend; and 42.18 Ft E End Lot 58 & 19.05 X 42.36 Ft N E Cor Lot 57 O P South Bend and which has Key Numbers 18- 3003 -0054; 18- 3003 -0056; and 18- 3003 -0044, 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 remonstrance's 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 Real 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 Real property tax deduction for a period of 9 years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. SBDS02 R]D 3 ] 6305v I PRESENTED NOT A.PPRovw DOPTE0 -2- Member of the Common Council,! Filed In Clerk's Off1C0 M Ay 2 g 2007 JOHN VOQRDE CITY CLERK, SCE. BVID, IN. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Vacant land in the Airport Development area AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN -YEAR REAL PROPERTY TAX ABATEMENT FOR Olive Cleveland Partners LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as vacant land in the Airport Economic Development area, South Bend, Indiana, and which is more particularly described as follows: Kidders Olive Road Minor Subdivision Lot 2 and which has Key Number 025 - 1011- 018601, 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 remonstrance's 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 Real 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 Real property tax deduction for a period of seven (7) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 64.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED NOT APPROVED. ADOPTECi VL Member of the Common Council Hed in Clark's Ot FIC8 AUG 1 5 2001 JOHN VOORDE CITY CLERK, $0, SEND, IN. pl� 0�_K� 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 3927 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEME NT FOR EDWARD A. MYERS WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3927 Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Two Hundred Eighty -three Riverside Manor and this property has Tax Key Number 25 -1011 -0455, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se 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 a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1, et seq., and South Bend Municipal Code Sections 2 -76, et se q., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 1 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. 2 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from -the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. 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 IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such- property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Coun PRESENTED V1—k 6 J 01 NOT APPr Ohs" ADOPTED 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574 /235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR November 26, 2007 Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: EDWARD A. MYERS Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Michael Urbanski .of Garden Homes on behalf of Edward A. Myers. They intend to build a single- family home at 3927 Riverside Drive. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single- family home at a cost of $125,452. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, December 10, 2007. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL &PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235- 9660 574/235 -9371 ELIZABETH LEONARD FAX: 574/235,9697 574/235 -9371 B 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULLI'ARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574 /235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKF, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABA TEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: EDWARD A. MYERS DATE: November 26, 2007 On November 14, 2007, a petition for residential tax abatement consideration for real property located at 3927 Riverside Drive was filed with the City Clerk by Michael Urbanski of Garden Homes on behalf of Edward Myers. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Edward Myers intends to construct a new 1,768 square foot home with three bedrooms and a total of five rooms. The home will have a full eight foot insulated basement and attached two stall garage. The home will be built on a lot that has been vacant for several years. The size of the lot measures 58 feet x 115 feet. The price of the home is $125,452. Total taxes to be abated during the (5) five -year abatement period are estimated at $9,337. Total taxes to be paid during the (5) five -year abatement period are estimated at $1,365. COMMUNITY DEVELOPMFNT ECONOMIC DEVELOPMENT' FINANCIAL & PROGRAM PANIELA C. MEYER - DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABE11i LEONARD FAX: 574/235,9697 - - 574/235 -9371 . South Bend Common Council RE: Edward A. Myers November 26, 2007 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been associated with or granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the redevelopment allocation areas finds that the property is not located in a Tax Incremental Financing Allocation Area; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Constriction. 5 YEAR 26- Nov -07 EDWARD A. MYERS South Bend German Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (assume 85% of project cost) LAND (assume $10,000) Gross Assessed Value Less Mortgage Exemption Less Standard Homeowners Deduction Base Assessed Value $125.452.00 Total Taxes Tax Abated ** Tax Paid * ** 106,634.20 106,634.20 106,634.20 16,000.00 N/A N/A 116,634.20 106,634.20 106,634.20 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 78,634.20 68,634.20 68,634.20 Less Maximum Abatement Deduction N/A N/A (68,634.20) Less Non - Abated Amount N/A 0.00 N/A Plus Land Assessed Value N/A N/A 10,000.00 Net Assessed Value 78,634.20 68,634.20 10,000.00 Property Taxes: Assume constant tax rate of 5.1376% 5.1376% 5.1376% Gross Tax (tax rate x net assessed value) 4,039.91 3,526.15 513.76 Less SRTC: 21.7293% (877.84) (766.21) (111.64) Less Homestead Credit: 32.1230% (1,015.75) (886.58) (129.17) Net Tax 2,146.32 1,873.36 272.95 Net Total 1,873.36 272.95 Assessed Taxes Tax Tax Year Value Due Abated Paid 1 '78,634.20 � 78,634.20 2,146.32 1,873.36 272.95 2 78,634.20 2,146.32 1,873.36 272.95 3 78,634.20 2,146.32 1,873.36 272.95 4 78,634.20 2,146.32 1,873.36 272.95 5 78,634.20 2,146.32 1,873.36 272.95 5 year totals: 10,731.58 9,366.81 1,364.77 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** *Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS a State Form 51767 (R21 1 -07) �' ,• „�'� Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4) ❑ Eligible vacant building (IC 6- 1.1- 12.1 -4.8) 20_ PAY 20_ FORM SBA I Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects” planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the County Auditor by the later of.- (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6 -1.1- 12.1- 5.1(b) and IC 6 -1.1- 12.1 - 5.36)] 5. The schedules established under IC 6 -1.1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1 -12.1 - 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before JYly I TAXPAYER INFORMATION SECTION Name of taxpayer — &� W Address of taxpayer (number and street, city, state, and ZIP code) L V" , ` A�s1- Name of contact person t� Telephone number �i q /;13 - 7i�i�o3 E -mail address �f- e/ Av,L-CG-'N- Lk s? ` UV`�CyiZhA_� WY�F✓v1S� -� SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number / SU- Wx mc"' l Location of property t� Z � 2 t �t,v S �,:l.t_ �'� - � Ind ' County�} - - ( � 1 - .l ��e• �. DLGF taxing district number �-+� �'�f)4s n Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) NIN 9-0Qk t,0 L 7��-� F L 3 6 wVa 't � ILAo Estimated completion date (month, day, year) Current number Salaries Number retained Salaries Number additional Salaries MR NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values (o O a Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project Estimated solid waste converted (pounds) Estimated hazardous waste co Other benefits Filed In cierWS ffki NOV 1 4 2007 JOHtJ VOORDE CiTY CLERK, SO. BEND, IN. TAXPAYER CERTIFICATION SECTION 6 hereby certify that the representations in this statement are true. Signature of authorized representative _ Title . n Date signed (month, day, year) 0 . rage i or Page 2 of 2 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 ❑ No 2. Residentially distressed areas ❑ Yes ❑ No ❑ Yes ❑ No 3. Occupancy of a vacant building C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years` (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 -12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND, INDIANA PETTITION FOR RESIDENTIAL REAL PROPERTY TAX ABATEMENT The undersigned owner of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property Tax Abatement consideration and pursuant to Indiana Code.,6 -1,1- 12.1 -1, et se q., and South Bend Municipal Code Sec 2'- 76 et.seq., for this petition states the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, amenities, the amount of land to be used, and the proposed use of the improvements, and a general statement as to the importance of the project: Garden Homes intends to construct new three bedroom, five room homes of 1768 sq /ft, on a full 81insulated basement. Homes will have -a 22' x 23, attached garage, vinyl siding, stove, dishwasher, and vent hood and garbage disposal. The homes will be built on a 58' x 115, lot. The cost of the homes will be in the low one hundred thousand dollar range. The importance of this pibject to the city and the "residence of the city is that we will be building affordable homes on infill lots in the City of South Bend. 2. Estimate the dollar value of the redevelopment project: $125,452 3. The real property for which tax abatement consideration is petitioned is owned or to be owned by the following individuals or corporations: Edward A. Myers Jr. 1861 North Meade-Street South Bend, IN 46628 4. The commonly known address of the Property is: Street Address Key Number 3927 Riverside Drive 25- 1011 -0455 5. A legal description of said Properties: Street Address: Legal Description: Key Number 3927 Riverside Drive Lot 283 Riverside Manor 25- 1011 -0455 6. A map and /or plat describing the property is attached hereto, marked Exhibit "A ", and incorporated herein. 1 7. The Current assessed valuation of the real property before redevelopment is: Address:. Valuation 3927 Riverside Drive 10,600 8. Photographs of the Property, taken within two (2) weeks of filing of this petition, are attached hereto, Marked Exhibit "B ", and incorporated herein. 9. List *the real property taxes paid at the location during the previous two years, whether paid by the currant owner or a previous owner. ADDRESS: TARES: 3927 Riverside Drive , 329.74 10. What is your best estimate of the after completion market value of the property: $135,000 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend, Common Council has approved the Declaratory Resolution. The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: n/a. 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors that have impaired values and prevent a normal development of the property: DESCRIBE SERE WHAT IS APPLIBLE TO YOUR =GHBORHOOD EXAMPLE: The lot has been vacant for many years. It has a terrain that is not good for building a home. We have a home we designed for a lot in another area of the city, and found that it will fit this lot. 14. The current use of the property is VACANT and the currant zoning is "A" (use) and "A" (height and area) . 1'5. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission) N/A 2 16. The following person should be contacted as the petitioner agent regarding additional information and public hearing notification: Michael E. Urbanski 14299 Day Road Mishawaka, IN 46545 283 -0455 or 993 -2268 Agent for Garden Homes Edward A. Myers r. 1861 North Meade Street South Bend, IN 46628 Michael E. Urbanski will represent Edward A. Myers Jr. in all hearings concerning this Tax Abatement l Michael E. Urbanski Filed In Clerk7S Office NOV 1 4 2007 JOHN VOOROE CITY MERK, SO. EEHD, IN 3 Map Output , xh; L� AreIMS Viewer 14 Page 1 of 1 m ci1011.[iidt tC•ti C.if ii ti idi:ii `~` � x�� >�� `M x IC, 11 f -.i _{ + 0%s - ?i 1011W :L L i 11iV1:�l i 1R'f kY 7S 10 11 N'3 2S IWICITSI x ." s 2i 1011 C4 S4 . ,iti, +4 s>1CV 1{ci SAce- D1^ n.iolloais � �. J.w n >- 1 Ono 301n U - .- .lcoama -1 ?SC03G1r: :S1o11N?G TO _ r - ! si4U1310114 R r JIN♦k s ■ Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is I In ot possible without the written permission of the Michiana Area Council of Governments. 4 2001 y..t c•. at SLfi,1D� Legend St. Jo- ph Par• ais4 County Pa *'vets Elkha•t4lacorporat3j C-43s St. Joseph4inlurporated CN3s El E!kharWCivil Townships ❑ Elkhart#33unly Bounday 13 St. Josaph #County Boundary Aerial Photography-4200-3 Btack and Lv'hit3 Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is I In ot possible without the written permission of the Michiana Area Council of Governments. 4 2001 y..t c•. at SLfi,1D� (| �/ 7aeIo ! it \11 •� f� <,�fG: . ,g c v' 'no Yahoo! Maps - 3927 Riverside Dr, South Bend, IN 46628, US Yahoo! Maps 3927 Riverside Dr, South Bend, IN '— 1400► LOCAL Maps 46628, US 1400! uiuz. r.�t I F r Br,.rk Rr1 ..._ Belkay n „'Gi�ff Gar ry s?+ti - b _ f V [K} + v* Dubois Ave w. .: W oatden Rd w °,;: '..._ .... _..._ ... — oaret[n Rd _� .. :.. .. Mays Dr y x : Lark a AIIin tart Dr, i ; .r7 0 A f Ave . ASuu Ln Paxson e 1 CS 3 31 WCIerLlnd -_ r Sugar Maple hn gc.� E David r� ? 31 St „. ,.'•, �ClarkSt � i D�ta 02007 t+�ad'f�,*%Atlas Page 1 of 1 %Vhen using any driving directions or reap, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautiens. This is only to be used as an aid in planning, http: / /xml l . maps. yahoo .com /pmt.php ?v3= 0 & &mvt =m &q 1= 3927 %20Riverside %20Drive, %20S.... 11/26/2007 Yahoo! Maps - 3927 Riverside Dr, South Bend, IN 46628, US ahoo! Maps - 3927 Riverside Dr, South Bend, IN 's t_oc ap Cancel:' Page 1 of 1 l' hen using any driving directions o- map, Ws a rood idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. http: / /xml l . maps. yahoo .com /pmt.php ?v3= 0 & &mvt =m &q 1= 3927 %2ORiverside %2ODrive; %2OS... 11/26/2007 BILL NO. 7 (4-0� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY. OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 651 - CITY OF SOUTH BEND SEWAGE WORKS REVENUE BONDS OF 2007B Statement of Purpose and Intent This ordinance establishes a new fund for the deposit and disbursement of bond proceeds in connection with the City of South Bend, Indiana Sewage Works Revenue Bonds of 2007B. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. A new fund is created that is called Fund No. 651 - City of South Bend Sewage Works Revenue Bonds of 2007B. SECTION H. All sums of money collected and deposited in the fund shall be used solely for the purposes of acquisition, construction and installation of certain additions, extensions and improvements at the City of South Bend's Sewage Works and to pay expenses incidental to the issuance of the 2007B bonds and any other similar expenses permitted by and consistent with applicable State Law. The amount of the 2007B bonds shall be $16,515,000. SECTION III. Any and all interest earned on monies deposited in Fund No. 651 shall remain in the fund. SECTION IV. Monies remaining in the fund at the end of the project may be transferred to pay debt service on the 2007B Sewage Works Bonds but may not revert to any other fund. SECTION V. The City Controller is authorized to establish a revenue and expenditure budget for the 2007B Sewage Works Revenue Bonds and to amend the budget periodically as necessary SECTION VI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. u;-J Member of the Common Co i Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Bend, Indiana 1 st READING ( Z —L6 -9 PUBLIC NEARING 3 rd READING NOT APPRO.VW REFERRED PASSED Filed In Clerk'e OHIO NOV 2 02007 j HIJ VOOR CITY CLERK iN. , , O AND, CouNTY -Crn BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9216 Fax 574/235 -9928 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LuFcn, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER November 19, 2007 Mr. Timothy Rouse, President South Bend Common Council 4"' Floor, County -City Building South Bend, IN 46601 Dear President Rouse: The attached bill for your consideration and approval will create a new fiend for the receipt and expenditure of bond proceeds in connection with the Sewage Works Revenue Bonds of 2007B. The amount of the borrowing is $16,515,000 and the anticipated closing date is December 20, 2007. I will be presenting the ordinance to the Common Council at its committee meeting and public hearing. Please feel free to contact me if you have any questions. Thank you for your favorable consideration of this ordinance. Sincerely, .Win H. Murphy Assistant /Acting City Controller F.iied in C � ler' office Cli't CI.�F�K, JANncE L. HALL JOHN MURPHY ROBERTALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMAnoNTEmNoux e)-v k \ 1� �,) - 9 S - CO ORDINANCE NO AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 701 S. GRANT STREET, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This is a vacant lot that is currently zoned MU Mixed Use District. It will be changed to SF2 Single Family and Two Family District to allow construction of one single - family residence. 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 62 & N'' /z Lot 61 Gorsuchs 4th Addition be and the same is hereby established as S172 Single Family and Two Family District. SECTION H. 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 CounGl Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 2008, at o'clock .m. City Clerk Approved and signed by me on the day of , 2008, at .m. 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED day of , Mayor of the City of South Bend, Indiana o'clock Filed lerk'8 10111icG NOV 2 9 2001 JQI?*1 VOORDE CITY CUl-F' C, SD: SFi1t1 I, Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 701 S. Grant Street, South Bend, IN '2) Name and address of property owner(s) of the petition site: West Side Democratic & Civic Club, Inc. 617 S. Warren Street, South Bend, IN 46619 574- 287 -4091 3) Name and address of contingent purchaser(s), if applicable: Habitat for Humanity of St. Joseph County 402 E. South Street, South Bend, IN 46601 574- 288 -6967 4) It is desired and requested that this property be rezoned from MU Mixed Use District to SF2 Single Family and Two Family District 5) This rezoning is requested to allow the following use(s): Construction of one single - family 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' /z" x 11" format. PETITION PREPARED BY: Signature(s) of All Property Owner(s) CONTACT PERSON: same Name: Violet Schorsch Full Address: Habitat for Humanity, 402 E. South Street, South Bend, IN 46601 Phone Number: 574- 288 -6967, ext. 18 Email Address: vblosser @habitat- for - humanity.org Filled in Clerk's Office NIOV. 2 9 2007 JOHN VOORDE C1,TY- CLESK, SO, SEND, IN. A) Legal Description: Lot 62 &N %2 Lot 61 Gorsuchs 4`h Addition B) Statement of Purpose and Intent: This is a vacant lot that is currently zoned MU Mixed Use District. Habitat for Humanity is requesting that the zoning be changed to SF2 Single Family and Two - Family District to allow construction of one single- family residence. kited In cIT` SEOIl JOHN VSO BEND, IN DUMP I+000Iy Rec F01 vw PARCELID NAME 1 STREET CITY STA ZIP 1 18- 4006 -0224 NEWSOME SARA MAE 719 S BROOKFIELD ST. South Bend IN 46619 2 18- 4006 -0212 OKHIRIA JONATHAN 1 1129 CLEVELAND AVE South Bend IN 46628 3 18- 4007 -0239 BILLER THOMAS H JR 3306 VERMONT PL South Bend IN 46619 4 18- 4008 -0265 KIDD TERRY & LEEANN 2014 W FORD ST South Bend IN 46619 5 18- 4007 -0236 WEST SIDE DEMOCRATIC CIVIC CLUB INC _ 617 S WARREN ST South Bend IN 46617 6 18- 4007 -0237 BILLER THOMAS H JR 3306 VERMONT PL South Bend IN 46619 7 18- 4006 -0207 HUSBAND GEORGE L 18920 PADDINGTON LN South Bend IN 46614 818 - 4006 -0208 LOOKER INVESTMENTS LLC 818 BAINBRIDGE PKLACE Goshen IN 46526 9 18- 4008 -0270 KLOSINSKI LEONARD AND SHIRLEY 717 S. WARREN ST. South Bend IN 46619 10 18- 4007 -0252 MCLAREN THOMAS R 729 S GRANT ST South Bend IN 46619 11 18 -4008 -0279 DORADO FELIPE D & ARCELIA 734 S. WARREN ST. South Bend IN 46619 12 18- 4007 -0253 TOBAR PERCY & JOAN C 15182 RANGE LINE RD Buchanan MI 49107 13 18- 4008 -0276 CORIA JOSE S & OLMOS JESUS AS JOINT TENANTS W /FROS 727 S WARREN ST South Bend IN 46619 14 18- 4008 -0277 MARTINEZ CARLOS & IVONNE 730 S WARREN ST South Bend IN 46619 15 18- 4007 -0251 BUTLER SABRINA D 732 SOUTH GRANT ST South Bend IN 46619 16 18- 4006 -0231 ORTIZ LEONEL AND MARIA M 725 & 727 BROOKFIELD ST South Bend IN 46619 17118-4008-0274 BIKOWSKI STANLEY & BIKOWSKI PAULITA JT W /FRGS 19979 OSBORNE RD Lakeville IN 46536 18 18- 4008 -0275 ASSET LIQUIDATORS LLC 2913 MISHAWAKA AVE South Bend IN 46615 19 18- 4007 -0250 MCLAREN THOMAS R 729 S GRANT ST South Bend IN 46619 20 18- 4007 -0247 HERNANDEZ JOSE JR & MARIA GMISC 722 S GRANT South Bend IN 46619 21 18- 4006 -0228 ACCUOSTI STEVEN 62481 PINE RD North Liberty IN 46554 22 18- 4008 -0272 GARCIA JAMES D & JACQUELINE J 721 S WARREN ST South Bend IN 46619 23 18- 4008 -0273 MONIQUE INC*NOTE MISC 3019 S. MICHIGAN ST. South Bend IN 46614 24 18- 4007 -0246 MAYFIELD HAROLD & ETHEL 721 GRANT ST South Bend IN 46619 25 18- 4007 - 024701 HERNANDEZ JOSE JR &- MARIA G & MEDINA ISABELL C 722 S GRANT South Bend IN 46619 26 18- 4008 -0271 ORELLANA CARLOS 722 S WARREN ST South Bend IN 46619 27 18- 4007 -0244 BOREK STANLEY J & ROSE M 717 S GRANT RD South Bend IN 46619 28 18- 4007 -0245 BORKOWSKI BETH ANN 720 S GRANT RD South Bend IN 46619 29 18 -4006 -0220 VANN EDDIE 717 S BROOKFIELD South Bend IN 46619 30 18- 4008 -0268 TORRES NICOLAS & SYLVIA 713 S WARREN ST South Bend IN 46619 31 18- 4008 -0269 DISCAVAGE JAMES M 714 S WARREN South Bend IN 46619 32 18- 4007 -0242 BOREK STANLEY J & ROSE M 717 S GRANT RD South Bend IN 46619 33 18- 4007 -0243 SWOVELAND JAMES P & VICKI L 714 S GRANT ST South Bend IN 46619 34 18- 4016 -0566 MARTINEZ JAVIER & LUISA 508 EAST DUBAIL South Bend IN 46613 35 18- 4021 -0734 1HARDMAN LYNNE M 1536 S WARREN ISouth Bend IN 46619 36 18- 4006 -0216 SEVERSON GREGORY 715 S BROOKFIELD ST South Bend IN 46619 37 18- 4008 -0266 GADACZ KENNETH J 709 S WARREN ST. South Bend IN 46619 18644 BROWNSVILLE 38 18- 4008 -0267 PRESTLY JAMES ROAD Cassopolis MI 49031 LENTYCH EMILY M AS TRUSTEE OF THE EMILY M LENTYCH REVOCABLE LIVING TRUSTLIFE 39118-4007-0241 ESTATE 710 GRANT South Bend IN 46619 40 18- 4007 - 023601 YOUNG RONALD & MARY 705 S GRANT South Bend IN 46619 41 18- 4017 -0606 ALCANTARA CARLOS 615 S GRANT ST South Bend IN 46619 HERNANDEZ JUAN S & MARIA M TRUSTEES OF THE HERNANDEZ FAMILY 42 18- 4021 -0740 TRUST W/A LIFE ESTATE 606 S WARREN South Bend IN 46619 43 18- 4017 -0602 LAGUNA MATILDE 605 GRANT STREET South Bend IN 46619 GADACZ BERNARD J. AND 44 18- 4017 -0603 ELIZABETH A. 531 S GRANT ST South Bend IN 46619 45 18- 4008 -0260 ROMERO ELIA 2110 FORD ST South Bend IN 46619 WEST SIDE DEMOCRATIC 46118-4008-0261 1& CIVIC CLUB 1617 S WARREN ST ISouth Bend IN 46617 MNDALILA STEPHEN P & MWADIME JESILINAH H & 47 18- 4008 -0262 W 2125 S TAYLOR South Bend IN 46613 WEST SIDE DEMOCRATIC 48 18- 4008 -0263 & CIVIC CLUB 617 S WARREN ST South Bend IN 46617 SIMPSON TIMOTHY & GROCKE MICHAEL L AS 49 18- 4008 -0264 JOINT TENANTS W /ROS 2016 W FORD ST South Bend IN 4661$ WEST SIDE DEMOCRATIC 50 18 -4021 -0748 AND CIVIC CLUB 617 S WARREN ST South Bend IN 46617 KOWALSKI BENEDICT & KOWALSKI HARRY JT TEN W /FROS NOT TIC W/ LF EST FOR BENEDICT 56680 HOLLYWOOD 51 18- 4021 -0749 KOWALSKI BLVD South Bend IN 46619 52118-4017-0608 ALCANTARA CARLOS 615 S GRANT ST South Bend IN 46619 KOWALIK ENTERPRISES 53 18- 4017 -0609 INC 2236 MILLER CT Mishawaka IN 46544 54118-4016-0564 HILL ANN 615 S BROOKFIELD ST South Bend IN 46619 55 18- 4021 -0746 KARASIEWICZ STELLA 614 WARREN ST South Bend IN 46619 56 18- 4021 -0745 THOMAS STACIE *PROB DEED* 613 S WARREN South Bend IN 46619 57 18- 4017 -0607 STACHOWIAK FLORIAN H AND TERESA 1 616 S GRANT ST South Bend IN 46619 58 18- 4016 -0562 KARN LESTER E AND JANET M 611 S BROOKFIELD South Bend IN 46619 59 18- 4021 -0742 BROWN WILL J 609 WARREN ST South Bend IN 46619 60 18- 4021 -0743 HERNANDEZJUAN S *PROB DEED* 606 S WARREN South Bend IN 46619 61 18- 4017 -0604 KLOTA THERESA 613 S GRANT ST South Bend IN 46617 62 18- 4016 -0558 HERNANDEZ JUAN PABLO & MARIA C 601 S BROOKFIELD South Bend IN 46619 63 18- 4017 -0605 SIECZKAREK TERESA 616 S GRANT ST South Bend IN 46619 64 18- 4016 -0560 MILTENBERGER KARIN KAY 607 S BROOKEFIELD South Bend IN 46619 65 18- 4021 -0739 ABRAHAMS JOHAN & ABRAHAMS URSULA 109 ST JOSEPH AVE Berrien Springs MI 49103 66 18- 4021 -0736 GOODMAN JACK D & STACEY D GOODMAN 10379 EDISON RD Osceola IN 46561 67 18- 4021 -0737 OLMSTED JAMES 1602 S WARREN ST South Bend IN 46619 Fated In r li^rk's 0-ifi«S NOV 2 9''? JOHN JOt�RDE CITY CLERK, $0. BEND, IN. TAPIA RIGOBERTO & 68 18- 4017 -0600 NERIDA 417 S GRANT ST South Bend IN 46619 69 18- 4017 -0601 SALAS MANUEL 1905 TERMINAL RD Niles MI 49120 MULTICULTURAL FAMILY FELLOWSHIP 70 18- 4017 -0598 INCORPORATED 6526 BLACKLAKE RD Eau Claire MI 49111 PEJZA JACK N & JULIE A TRUSTEES OF THE JACK & JULIE PEJZA ASSET 71 18- 4017 -0599 TRUST 25153 GRANT RD South Bend IN 46619 Fated In r li^rk's 0-ifi«S NOV 2 9''? JOHN JOt�RDE CITY CLERK, $0. BEND, IN. o' ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first North /South alley East of Meade Street from Kenwood Avenue South to the first East/West alley for a distance of 14 feet. Being a part of Kaley's 1st Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with The authority to hear all petitions to vacate public ways or public places with in the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition vacate the following property. The alley to be vacated is the first North/South alley East of Meade Street from Kenwood Avenue South to the first East/West alley for a distance of 14 feet. Being a part of Kaley's 1 st Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas , water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION 111. The following property may be injuriously or beneficially affected by such vacating: Lot #2502, Lot #2504 SECTION IV. The purpose of the vacation of this property is for elimination of neighborhood individuals using this alley for gathering (hanging out), making noise, drink- ing and in general trashing the adjoining properties. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Member of the Common Coup it Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2007, at o'clock . M. Approved and signed by me on the o'clock m. 1,t READING pUBLIC HEARING 3rd READING NOT APPROVED nFERREDi PASSED City Clerk day of , 2007, at Mayor, City of South Bend, Indiana Filed In Clark's Office NOV 2 1 2007 JOHN VOORUE CITY CLERK, SO. BEND, IN — PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS / ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: 1"�W -o g v,Eov NAME (signed & printed) ADDRESS -26- 3a Kew c zoad A B 01tice 1 2001 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574- 235 -9221 LOT # 2 a CONTACT PERSON (S) NAME: R APYI/a7A7V SdL%ln,6 :1-1 ADDRESS: �'�Si' /� �5�E►�L�✓1G ��f0 PHONE: 644 d 2 � � - w w w f� W N (p c0 O N coo d d I N (0 N N N N I N d I 18 2067 KE1 \JW00D AVENUE x;150' 14' 18 -2 68 t4) ° _ 0 O O N N O O Ln N N I C) N I I File In Clerk's Office NOV 2 1 2007 LINDEN AVENUE JOHN YCORDE CITY CLEEK, SO. BEND, IN The alley to be vacated is the first North /South alley East of Meade Street from Kenwood Avenue South to the first East /West alley for a distance of 14 feet. Being a part of Kaley's 1st Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. W I� O II L0 t N r- N rn N oa N O N I I I N o LO N o LO N I I O Ln N I O LO N I 18 -2 68 t4) ° _ 0 O O N N O O Ln N N I C) N I I File In Clerk's Office NOV 2 1 2007 LINDEN AVENUE JOHN YCORDE CITY CLEEK, SO. BEND, IN The alley to be vacated is the first North /South alley East of Meade Street from Kenwood Avenue South to the first East /West alley for a distance of 14 feet. Being a part of Kaley's 1st Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. W I� O II 1316 CouNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR HOARD OF PUBLIC STORKS October 23, 2007 Mr. Ramadan Salameh Discount Depot 2512 Royal Vista Terrace South Bend, Indiana 46637 PHONE 574/ 235 -9251 FAx 574/235 -9171 TDD 5741235 -5567 RE: Alley Vacation — North Half of North/South Alley South of Kenwood Avenue and West of Freemont and the West Half of the East/West Alley South of Kenwood Avenue and West of Fremont Dear Mr. Salameh: Upon review by the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. Community and Economic Development stated that the north/south alley is okay for vacation. However, the residence at 2525 Linden appears to have a garage on and uses the east/west alley. The Fire Department stated that a fence and the vacation of these alleys make it difficult for the people on Linden Avenue. Environmental Services stated that the vacation of these alleys will affect trash collection. Engineering stated that the neighboring properties rely upon the existing alleys for access and this vacation will hinder the development of surrounding properties. GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER October 23, 2007 Salameh, Ramadan Page 2 of 2 The Board of Public Works is giving this vacation an unfavorable recommendation. A security fence can be installed without vacating the alley and trash collection will be affected. If you wish to proceed with this vacation, you will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition . to the Common Council. _Please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map. Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, ' Lmda M. 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Martin, Clerk4- --1'j- RE: Request for Recommendation - Alley Vacation Location: North Half of North /South Alley South of Kenwood Avenue and West of Fremont - and - West Half of East/West Alley South of Kenwood Avenue and West of Fremont (Preliminary Review) DATE: September 5, 2007 DUE: September 17 2007 FAX OR E -MAIL TO: 235 -9171 / Imartin(cDsouthbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: % Fy^,> f9�LYy / r .9i7 � �14�i✓4fiGl�� ''�� r.4 � led. L n ,�1� HISS 9'7i�r DATE: ! �'I INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission (2$5 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin @nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, ClerkY}'� -� RE: Request for Recommendation - Alley Vacation Location: North Half of North /South Alley South of Kenwood Avenue and West of FrAmnnf - nnrl . WPCf Nalf of PnrWhcr A Mow C'ni i }h of Wi nw^AA Avon —A (Preliminary Review) DATE: September 5, 2007 DUE: September 17, 2007 FAX OR E -MAIL TO: 235-9171 / Imartln@southbendin.clov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMM15ENTS. & RECOMMENDATIONS: t,�S oNG rf.S �e �E14,N �S GbN �l�. ��iJc -E ,►- YF oti DATE: 11 7--'-7- TO /TO 39Vcl 1d3G 3�II3 GN39 Hinos 90£69EZ6L9 £9:OT LOOZ /LO /60 Sep 08 07 08:59a SBPD TRAFFIC (219)' INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a7nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk'-,,.`t`j� RE: Request for Recommendation - Alley Vacation Location: North Half of North /South Alley South of Kenwood Avenue and West of Fremont - and - West Half of East/West Alley South of Kenwood Avenue and West of Fremont (Preliminary Review) DATE: September 5, 2007 DUE: September 17, 2007 FAX OR E -MAIL TO; 235 -9171 ! ImartinOsouthbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: TE: �` g- 0 7 V �$OUTg !tC O4'0�11,Ij1Ify�N �� 1 W..a ]866 INTER- OFFICE MEMORANDUM r BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(o)nisource.com or 284 -2220 fax) For Informational Purposes Only I FROM: Linda M. Martin, Clerk"T2T RE: Request for Recommendation - Alley Vacation Location: North Half of North /South Alley South of Kenwood Avenue and West of Fremont and West Half of EastlWest Alley South of Kenwood Avenue and West of Fremont (Preliminary Review) i DATE: September 5, 2007 DUE: September 17, 2007 FAX OR E -MAIL TO:. 235-91711 ImartlnC southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOM ENDATIONS: �✓� / `- BY: DATE: 09 -17 -07 11:26 COMMUNITY DEVELOPMENT ID= +15742359697 P �3 INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS T0: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(5nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk�l' ..... RE: Request for Recommendation - Alley Vacation Location: North Half of North/South Alley South of Kenwood AvehUe and West of Grzrnr%n# - and - Wacf P-nif of FA0A/VPst Allev South of Kenwood Avenue and (Preliminary Review) DATE: September 5, 2007 DUE: September 17, 2007 FAX OR E -MAIL TO:, 235 -9171 / lmartln@southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: a ��fs c�' 1'��I4 is Q need -far vec -es an- �e Sou! -1 s,�e, AP of rwcl�e� I/cCct -,�� (e cornMo,�� foc — WcIiQ� d �o ans-- Ff//'i a(CCs5 ti $de,$ , �IQCChVn f comt- ,etAdcG —S O f 0 5 a d DATE: 9 h7 10-7 '.• ..�{• .. � •::. Fdfy`.,, •_. �' - f•�},] ?��!p;�(�;��1j1.: ter.':` +�;'� •_ Y „,r�� •rL"`i;s'�,:ns'�'�!ta`�• .,,t�••,t r ��:+,,ayt INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) JefGibney, Community & Economic Development ris Dressel, Community & Economic Development -,Bob Mathia, Community & Economic Development t_R6bert Sanders, Fire Department Eck Dillon, Solid Waste t-Brephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a),niscurce.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk`` }� RE: Request for Recommendation -Alley Vacation Location: North Half of North /South Alley South of Kenwood Avenue and West of Fremont and'- West Half of East/West Alley South of Kenwood Avenue and West of Fremont (Preliminary Review) DATE: September 5, 2007 DUE: September 17, 2007 FAX OR E -MAIL TO: 235 -9171 / Imartinosouthbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: /4 i p re �rf i es pPe?� y'e deve ia}Pma►'�/ to/ S u rrsrur�Q BY: oe Aloe ,a5. w;l/ i� v ,TE: eat r C (Z&M be I_kSVq Ad w I VtfW*f v"'? a� "_7 7 V 'Fir �_ CouNw --CnY B=iNG 227 W. JEFFERSON BLVD. SOUTH BEND, INDrANA 46601 -1830 PHONE 574/ 235 -9216 FAx 5741235 -9928 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LuFcKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER December 4, 2007`, Mr. Timothy Rouse, President South Bend Common Council 4"' Floor, County -City Building South Bend, IN 46601 Dear President Rouse: The attached bill for your consideration and approval will create a new find for the Douglas Road Economic Development Allocation Area Fund as recently established by the Redevelopment Commission. Elizabeth Leonard of the Conununity and Economic Development Department will present this bill to the Council. Please feel free to contact me if you have any questions. Thank you for your favorable consideration of this ordinance. Sincerely, Win H. Murphy IJ6 � Assistant/Acting City Controller CC: Jeff Gibney, Executive Director Elizabeth Leonard, Director, Financial & Program Management ..- �... -- .ter.- ..s...� -- JANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECroR HUMANREsouRCEs INFORMAnoNTECHNoLocY c BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 435 TIF DISTRICT - DOUGLAS ROAD ECONOMIC DEVELOPMENT ALLOCATION AREA Statement of Purpose and Intent: This ordinance establishes a now fund for the deposit and disbursement of Tax Increment Financing dollars in the newly established Douglas Road Economic Development Allocation Area TIF district established by the South Bend Redevelopment Commission resolution #2206. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. A new fund is created that is called Fund No. 435 - City of South Bend Redevelopment District Douglas Road Economic Development Allocation Area Capital Fund. SECTION II. All sums of money collected and deposited in the fund shall be used solely for the purposes of acquisition, demolition, environmental assessment, public works construction, disposition, site preparation, maintenance, and any other similar purpose permitted by and consistent with applicable Tax Increment Finance State Law. SECTION III. Any and all interest earned on monies deposited in Fund No. 435 shall remain in the fund. SECTION IV. Monies remaining in the fund at the end of the fiscal year shall not revert to any other fund. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2 , at o'clock M. m. 1 st READING PUBLIC HEAPING 3rd READING NOT APPROVED REFERRED. PASSED City Clerk Approved and signed by me on the day of , 2 , at day o'clock Mayor, City of South Bend, Indiana Fit In CleVWS 0f"ice DEC - 5 2307 dCVi. VC�'RCE CITY GL:, 9,0. BEF1D, IN. bm 0-0- ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT FOUR iN THE CiTY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner Dignan LLC ( "Dignan ") has applied to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance for its property located at 2122 South Bend Avenue, South Bend, Indiana 46637 from "LB" Local Business to "CB" Community Business. Dignan is a property management company and seeks this rezoning to allow it greater flexibility with the potential future uses at this location. Dignan anticipates an office or retail use as allowed by the CB zoning classification. 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: A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, described as follows: Beginning at a point 588.5 feet East of the intersection of the East line of Edwardsburg Road and the South line of the North Half of the Southeast Quarter of said Section 31; thence East 60 feet; thence North 425 feet; thence Southwesterly 72 feet with the Southerly line of said Edwardsburg Road to a point due North of the place of beginning; thence South to the place of beginning; being Lot Numbered Three (3) in an unrecorded Plat of Wolf's South Bend Avenue Proposed Addition. Excepting therefrom: A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of Pensinger's Subdivision, a subdivision in the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, the plat of which subdivision is recorded in Plat Book 16, Page 2 in the Office of the Recorder of St. Joseph County, Indiana; thence North 89 Degrees 14 Minutes 23 Seconds East 227.18 feet along the South line of said Half - quarter section; thence North 1 Degree 30 Minutes 33 Seconds West 323.81 feet to the Southeastern boundary of Edwardsburg Highway, S.R. 23; thence North 57 Degrees 52 Minutes 34 Seconds East 70.95 feet along the boundary of said Edwardsburg Highway, S.R. 23 to the West line of the owner's land and the point of beginning of this description; thence North 57 Degrees 52 Minutes 34 Seconds East 69.54 feet along said boundary to the Eastern line of the owner's land; thence South 3 Degrees 07 Minutes 38 Seconds East 5.84 feet along said Eastern line; thence South 55 Degrees 50 Minutes 12 Seconds West 71.12 feet to the West line of the owner's land; thence North 2 Degrees 23 Minutes 25 Seconds West 8.79 feet along said West line to the point of beginning. be and the same is hereby established as CB Community Business. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2008, at o'clock .m. City Clerk Approved and signed by me on the day of , 2008, at o'clock .m. Mayor of the City of South Bend, Indiana 1 5t READING UBLIC HEARIAG rd READING ;SOT APPROVED REFERRED PASSED Filed In Clerk's Office - 5 DEC ED LiJ� CIT i CLERK, CD,ft =1� Date Filed: December 5, 2007 Application No. Date received by the Area Plan Commission: December 5, 2007 Petitioner Dignan LLC, by its authorized representative, Plews Shadley Racher & Braun LLP, makes 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: 2122 South Bend Avenue, South Bend, Indiana 46637 2. Name and address of the property owner of the petition site: Dignan LLC P.O. Box 536 South Bend, Indiana 46624 3. Name and address of the contingent purchaser: N/A 4. It is desired and requested that this property be rezoned from "LB" Local Business to "CB" Community Business. 5. This rezoning is requested to allow the following use: office or retail uses as permitted in the CB district. 6. Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement ofpurpose and intent; (d) a list ofnames and addresses of all property owners and tax key numbers for all properties within 300 feet of the petition property; (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property, and (f) a location map, drawn to scale, which includes street names printed in 8 ' /z" x 11" format. PETITION PREPARED BY: Attorney for Pet' inner John Lloyd, Esq. Plews Shadley Racher & Braun LLP 53732 Generations Drive South Bend, Indiana 46635 (574) 273 -1010 Filed In Clerk's MUM ID EC'5 ;U7 ao,,im voOR+DE CITY CLERK, SO. S'd° i), IN LEGAL DESCRIPTION A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, described as follows: Beginning at a point 588.5 feet East of the intersection of the East line of Edwardsburg Road and the South line of the North Half ofthe Southeast Quarter of said Section 31; thence East 60 feet; thence North 425 feet; thence Southwesterly 72 feet with the Southerly line of said Edwardsburg Road to a point due North of the place of beginning; thence South to the place of beginning; being Lot Numbered Three (3) in an unrecorded Plat of Wolf's South Bend AvenueProposed Addition. Excepting therefrom: A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the Northeast comer of Pensinger's Subdivision, a subdivision in the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, the plat of which subdivision is recorded in Plat Book 16, Page 2 in the Office of the Recorder of St. Joseph County, Indiana; thence North 89 Degrees 14 Minutes 23 Seconds East 227.18 feet along the South line of said Half - quarter section; thence North 1 Degree 30 Minutes 33 Seconds West 323.81 feet to the Southeastern boundary of Edwardsburg Highway, S.R. 23; thence North 57 Degrees 52 Minutes 34 Seconds East 70.95 feet along the boundary of said Edwardsburg Highway, S.R. 23 to the West line of the owner's land and the point of beginning of this description; thence North 57 Degrees 52 Minutes 34 Seconds East 69.54 feet along said boundary to the Eastern line of the owner's land; thence South 3 Degrees 07 Minutes 38 Seconds East 5.84 feet along said Eastern line; thence South 55 Degrees 50 Minutes 12 Seconds West 71.12 feet to the West line of the owner's land; thence North 2 Degrees 23 Minutes 25 Seconds West 8.79 feet along said West line to the point of beginning.. r'j1od to Cicrk 64 STATEMENT OF PURPOSE AND INTENT Petitioner Dignan LLC ( "Dignan "), by its authorized representative, Plews Shadley Racher & Braun LLP, has applied to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance for its property located at 2122 South Bend Avenue, South Bend, Indiana 46637 from "LB" Local Business to "CB" Community Business. Dignan is a property management company and seeks this rezoning to allow it greater flexibility with the potential future uses at this location. Dignan anticipates an office or retail use as allowed by the CB zoning classification. Even with this rezoning, the property's zoning classification will be consistent with neighboring properties. IV John Lloyd, E Attorney for P itioner Plews Shadley Racher & Braun LLP 53732 Generations Drive South Bend, Indiana 46635 (574) 273 -1010 Ex`zF:G, LIST OF NEIGHBORING PROPERTY OWNERS Petition Property: 2122 South Bend Avenue, South Bend, Indiana 46637 Toth Enterprises, LLC Cheryl G. Copelin 17812 Ashford Hills Court 1733 North Ironwood Drive Granger, Indiana 46530 South Bend, Indiana 46635 Tax Key No. 24 -1001 -0422 Tax Key No. 24- 1001 -0434 Rocco & Julia Ameduri J.A. Mirkin Realty, Inc. 612 Peashway Street c/o Sam Mirkin South Bend, Indiana 46617 15635 Spring Mill Drive Tax Key No. 24- 1001 -0423 Mishawaka, Indiana 46545 24- 1001 -0426 Tax Key No. 24 -1022- 051002 Jerry N. Macri Indiana Land Trust 3011 2046 South Bend Avenue 1639 North Ironwood Drive, Suite 2 South Bend, Indiana 46637 South Bend, Indiana 46635 Tax Key No. 24- 1001 -0425 Tax Key No. 24- 1002 -0551 24- 1002 -0552 Joe T. Edgin 51040 Oak Lined Drive Jinco Inc. Granger, Indiana 46530 940 Industrial Parkway Tax Key No. 24- 1001 -0427 Elkhart, Indiana 46516 Tax Key No. 24- 1002 -0553 Twenty Three North Partnership 24- 1002 -0554 P.O. Box 6608 24 -1002 -0555 South Bend, Indiana 46660 Tax Key No. 24 -1001- 042901 Premier Commercial Rentals, LLC P.O. Box 429 N2R Partnership Notre Dame, Indiana 46556 1701 North Ironwood Tax Key No. 24- 1002 -0556 South Bend, Indiana 46635 Tax Key No. 24- 1001 -0429 Ironwood Enterprises, LLC 24- 1001 -0430 2012 Ironwood Circle 24- 1001 -0431 South Bend, Indiana 46635 Tax Key No. 24- 1002 -0564 EMRO Marketing Company 539 South Main Street Indiana Department of Transportation Findlay, Ohio 45840 100 North Senate Avenue Tax Key No. 24 -1001 -0432 Indianapolis, Indiana 46204 Tax Key No. 24- 1008 -0662 James G. & Dorothy L. Phillipoff c/o Mrs. John Probst Petitioner's Property: 17927 Augusta Court Granger, Indiana 46530 Dignan LLC Tax Key No. 24 -1001 -0433 P.O. Box 536 South Bend, Indiana 46624 Tax Key No. 24 -1001 -0428 LIST OF NEIGHBORING PROPERTY OWNERS Petition Property: 2122 South Bend Avenue, South Bend,.Indiana 46637 Toth Enterprises, LLC 17812 Ashford Hills Court Granger, Indiana 46530 Tax Key No. 24- 1001 -0422 Rocco & Julia Ameduri 612 Peashway Street South Bend, Indiana 46617 Tax Key No. 24- 1001 -0423 24- 1001 -0426 Jerry N. Macri 2046 South Bend Avenue South Bend, Indiana 46637 Tax Key No. 24- 1001 -0425 Joe T. Edgin 51040 Oak Lined Drive Granger, Indiana 46530 Tax Key No. 24- 1001 -0427 Twenty Three North Partnership P.O. Box 6608 South Bend, Indiana 46660 Tax Key No. 24 -1001- 042901 N2R Partnership 1701 North Ironwood South Bend, Indiana 46635 Tax Key No. 24 -1001 -0429 24- 1001 -0430 24- 1001 -0431 EMRO Marketing Company 539 South Main Street Findlay, Ohio 45840 Tax Key No. 24 -1001 -0432 James G. & Dorothy L. Phillipoff c/o Mrs. John Probst 17927 Augusta Court Granger, Indiana 46530 Tax Key No. 24 -1001 -0433 Cheryl G. Copelin 1733 North Ironwood Drive South Bend, Indiana 46635 Tax Key No. 24- 1001 -0434 J.A. Mirkin Realty, Inc. c/o Sam Mirkin 15635 Spring Mill Drive Mishawaka, Indiana 46545 Tax Key No. 24- 1022 - 051002 Indiana Land Trust 3011 1639 North Ironwood Drive, Suite 2 South Bend, Indiana 46635 Tax Key No. 24- 1002 -0551 24 -1002 -0552 Jinco Inc. 940 Industrial Parkway Elkhart, Indiana 46516 Tax Key No. 24- 1002 -0553 24- 1002 -0554 24- 1002 -0555 Premier Commercial Rentals, LLC P.O. Box 429 Notre Dame, Indiana 46556 Tax Key No. 24- 1002 -0556 Ironwood Enterprises, LLC 2012 Ironwood Circle South Bend; Indiana 46635 Tax Key No. 24- 1002 -0564 Indiana Department of Transportation 100 North Senate Avenue Indiana lis Indiana 46204 po , Tax Key No. 24- 1008 -0662 Petitioner's Property: Dignan LLC P.O. Box 536 South Bend, Indiana 46624 Tax Key No. 24- 1001 -0428 aye � � o a Ln C.-, C, U-j v _ o CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF THE MAYOR December 5, 2007 President Timoth y Rouse South Bend Common Council 400 County -City Building South Bend, IN 46601 RE: Ordinance to Increase Teamster Wages and Amend Ordinance No. 9791 -07 Dear President Rouse: On September 24, 2007 the Council fixed 2008 wages for City employees in Ordinance #9791 -07. At that time negotiations with Teamsters Local No. 364 had not concluded. Since the Union had not yet ratified a wage proposal, Ordinance #9791 -07 provided Teamster employees with the same 2% wage increase as other City employees for 2008. On November 28, 2007, the Teamsters Union ratified the wage proposal made by the City which provides a 3% wage increase for Teamsters in 2008, with subsequent 2% raises in 2009 and 2010. Though the process for reaching an agreement extended beyond the normal deadlines, the positive result is a three -year agreement that is within the original parameters which had been discussed by Mayor and Council. Under the authority of Indiana Code 36- 4- 7 -3(c), I propose increasing Teamsters' compensation for 2008 consistent with Article 22 of the Collective Bargaining Agreement between the City and Teamster employees. This 1% increase beyond the Teamster wages approved in Ordinance #9791 -07 can be accommodated within the City's 2008 budget which has been passed by the Council. It is the intent of Teamsters Local No. 364 and the Administration that this wage package be retroactive to the first of the year. I request that this ordinance be effective January 1, 2008. I will present this Ordinance to Council at its Committee meeting and at the Council's public hearing. Mr. Jim Szucs will also be available on behalf of the Teamsters. We ask for your favorable action on this ordinance. Filed In Clerk's Off= Sincerely, DE]C- :5 :2,1-1, 07 Stephen J. Luecke jM114 g013DE Mayor CITY CLERK; SO. 8011), IN COUNTY -CITY BUILDING • 227 W. JEFFERSON BOULEVARD • SOUTH BEND, INDftqA 46601 -r PHONE 574/235 -9261 • FAx 5741235 -9892 • TDD 574/235 -5567 Bill No. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 9791-07 FIXING AND INCREASING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2008 AND APPROVING TEAMSTER EMPLOYEE WAGES FOR 2009 -2010 STATEMENT OF PURPOSE AND INTENT Ordinance #9791 -07 was passed by the South Bend Common Council on September 24, 2007 during a time when labor wage negotiations were ongoing but not concluded between the City and its Teamster hourly employees. These negotiations concerned the Wage provision (Article 22) of the Master Collective Bargaining Agreement between the City of South Bend and Teamster Local No. 364 dated December 11, 2006 which fixed wages solely for the year 2007. On or around November 28, 2007, the Teamster's union members ratified wages for calendar years 2008, 2009, and 2010. This ordinance provides for a 1% increase in wages for City Teamster hourly employees over the wages fixed in previously passed Ordinance 49791 -07, and a 2% pay raise to Teamster workers in calendar year 2009 and a 2% pay increase in calendar year 2010. The specific hourly wages are listed in the attached exhibit. Indiana Code 36- 4- 7 -3(c) provides that the Mayor may increase compensation fixed under the City's wage ordinance during the budget year for which it is fixed. The Mayor has confirmed that this ordinance will not increase the gross City budget for 2008, and that approval of this ordinance is in the fiscal best interest of the City. To achieve the intent of the contractual relationship between the City and its Teamster employees, it is necessary that the effective date of this ordinance be January 1, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. 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. Section H. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. (a) Holidays. Holidays designated by the Collective Bargaining Agreement shall govern Teamster employees for the calendar year 2008 - 2010. (b) Vacations. Vacation for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (c) Insurance. (1) Comprehensive Major Medical Insurance Program/Preferred Provider Organization (PPO). The City shall maintain a comprehensive major medical insurance program that all Teamster employees may participate in. (2) Flexible Spending Account. The City shall contribute Five Hundred Dollars ($500) into each qualifying Teamster employee's individual flexible spending account each plan year. (3) Short and Long Term Disability. Short and Long Term Disability shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (4) Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty ($130) per month to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty ($130) payment per month thereafter. (5) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($15,000) for each Teamster employee. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (6) Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty (60) day eligibility period; and that the long -term disability program requires a minimum of a ninety (90) day eligibility period which Teamster employees must meet. (d) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time and the Collective Bargaining Agreement. If there is a conflict between Policy and the Bargaining Agreement, the Bargaining Agreement shall prevail. Section III. In order to effectuate the intent of the City and Teamsters' wage agreement, this Ordinance shall be in full force and effective from and after its passage by the Common Council, approval by the Mayor, and made retroactive to January 1, 2008. Member of the Common Council ' Attest: City Clerk Presented by me to the Mayor of the City of South Bend,. Indiana on the Day of , 2 , at o'clock—. m. Deputy City Clerk Approved and signed by me on the Day of , 2 , at o `clock M. Mayor, City of South Bend, Indiana 1st READING PUBLIC HEARiRIG 3 rd READING NOT APPROVER REFERRED PASSED Filed In Clerk S Office DEC - 5 2007 ,!ohm V0011VE CM, CLERK, 3Q. t3E141), IN CITY OF SOUTH BEND CONTRACT WITH TEAMSTER LOCAL UNION # 364 2007 2008 2009 Rates Rates 2010 0.38 GENERAL FUND: Increase TRAFFIC AND LIGHTING DEPARTMENT (fund It 101 -602) Increase Staff Positions: Increase Group Leader - Traffic & Lighting 15.58 Operations Technician 14.98 Sign Artist 15.69 Signal Technician 1 15.52 Signal Technician 11 16.20 Signal Technician It - Jab Leader 16.80 BUILDING MAINTENANCE (fund # 101 -606) 3% Staff Positions: 2% Building Engineer 2% Building Maintenance 14.76 General Laborer (Bldg Janitors) 13.54 Maintenance Technician I (Bldg. Eng.) 17.28 SPECIAL REVENUE FUNDS: 3% PARK AND RECREATION DEPARTMENT (fund #201 -1100 thru 201 -1104) Staff Positions: 2% Arbonst 1 16.32 Arbodst II 17.73 Arborist/Weed Control 15.69 Asst Greens Superintendent 15.92 Athletic Field Maintenance 14.86 Building & Structure Mtce -Zoo 17.10 Bldg Mtce - Custodian & Laborer 13.54 Construction Mtce / Carpenter 1 16.55 Construction Mice ! Carpenter II 17.10 Construction Mice ! Carpenter III - 17.73 Construction Mtce ! Mason .17.10 Construction Mice / Welder 17.10 Closing Keeper 1428 . Courier 14.86 Dietician 14.13 East Race Group - Leader /Const Mtc 1 15.69 Electrician - Park 17.73 Equipment Operator II - Park 14.69 Golf Equipment Operator 14.41 General Laborer 13.54 . Group Leader - Recreation 15.69 Group Leader - Street Island 15.69 Group Leader - Leeper 15.69 Group Leader- Plaza 15.59 Group Leader - Zoo 15.69 Grower I 14.73 Grower 11 15.28 Grower III 15.69 Head Custodian 14.13 Heavy Equipment Operator 15.92 Heavy Equipment Operator II 16.32 Zoo Keeper 1 13.54 Zoo Keeper II 1428 Zoo Keeper 111 14.86 Zoo Keeper N 15.69 Mechanic N - Park - Garage 16.10 Mechanic N - Park - Golf 16.10 Operator 14.27 Painter N 16.10 Plumber N- Park 17.73 Skilled Labor 1 14.08 Veterinarian Tech 16.32 Zoo Grounds Mtce 14.86 STREET DEPARTMENT (MOTOR VEHICLE HIGHWAY FUND # 202) : Staff Positions: 18.32 Equipment Operator 1 14.27 ' Equipment Operator 11 _ 14.77 Equipment Operator 111 15.35 o/ 2009 % 2010 % Increase Rates Increase Rates Increase 16.05 3% 16.37 2% 16.70. 2% 15.43 3% 15.74 2% 16.05 2% 16.16 3% 16.48 2% 16.81 2% 15.99 3% 16.31 2% 16.63 2% 16.69 3% 17.02 2% 17.36 2% 17.30 3% 17.65 2% 18.00 2% 15.20 3% 15.51 2% 15.82 2% 13.95 3% 14.23 2% 14.51 2% 17.80 3% 18.15 2% 18.52 2% 16.81 3% 17.15 2% 17.49 2% 18.26 3% 18.63 2% 19.00 2% 16.15 3% 15.48 2% 16.81 2% 16.40 3% 16.73 2% 17.06 2% 15.31 3% 15.61 2% 15.92 2% 17.61 3% 17.97 2% 18.32 2% 13.95 3% 14.23 2% 14.51 2% 17.06 3% 17.40 2% 17.75 2% 17.61 3% 17.97 2% 18.32 2% 18.26 3% 18.63 2% 19.00 2% 17.61 3% 17.97 2% 18.32 2% 17.51 3% 17.97 2% 18.32 2% 14.71 3% 15.00 2% 15.30 2% 15.31 3% 15.61 2% 15.92 2% 14.55 3% 14.64 2% 15.14 2% 16.16 3% 16.48 2% 16.81 2% 18.26 3% 18.63 2% 19.00 2% 15.13 3% 15.43 2% 15.74 2% 14.84 3% 15.14 2% 15.44 2% 13.95 3% 14.23 2% 14.51 2% 16.16 3% 16.48 2% 16.81 2% 16.16 3% 15.48 2% 16.81 2% 16.15 3% 16.48 2% 16.81 2% 16.16 3% 16.48 2% 16.81 2% 16.16 3% 15.48 2% 16.81 2% 15.17 3% 15.48 2% 15.78 2% 15.74 3% 16.05 2% 16.37 2% 16.16 3% 15.40 2% 16.81 2% 14.55 3% 14.84 2% 15.14 2% 16.40 3% 16.73 2% 17.06 2% 16.81 3% 17.15 2% 17.49 2% 13.95 3% 14.23 2% 14.51 2% 14.71 3% 15.00 2% 15.30 2% 15.31 3% 15.61 2% 15.92 2% 16.16 3% 16.48 2% 16.81 2% 16.58 3% 16.91 2% 17.25 2% 16.58 3% 16.91 2% 17.25 2% 14.70 3% 14.99 2% 15.29 2% 16.58 3% 16.91 2% 17.25 2% 18.26 3% 18.63 2% 19.00 2% 14.50 3% 14.79 2% 15.09 2% 16.81 3% 17.15 2% 17.49 2% 15.31 3% 15.61 2% 15.92 2% 14.70 3% 14.99 2% 15.29 2% 15.21 3% 15.52 2% 15.83 2% 15.81 3% 16.13 2% 16.45 2% General Laborer 13.54 13.95 3% 14.23 2% 14.51 2% 2% Heavy Equipment Operator 15.92 18.40 3% 16.73 2% 17.08 17.49 2% Heavy Equipment Operator II 16.32 16.81 3% 17.15 2% INTERNAL SERVICE FUND: EQUIPMENT SERVICES (fund # 222) Staff Positions: 14.76 15.20 3% 15.51 2% 15.82 2% Building Maintenance 16.37 16.86 3% 17.20 2% 17.54 2% Body Repair IV 17.27 17.79 3% 18.14 2% 18.51 2% Body Repair V 13.54 13.95 3% 14.23 2% 14.51 2 General Laborer (Janitor) 16.37 16.86 3% 17.20 2% 17.54 2% Machinist IV 17.27 17.79 3% 18.14 2% 18.51 2% Machinist 15.61 16.00 3% 16.40 2% 16.73 2% Mechanic 111 Mechanic R/ 16.36 15.85 3% 17.19 2% 17.53 2% Mechanic 17.27 17.79 3% 18.14 2% 18.51 2% Parts Clerk 1 14.73 15.17 3% 15.48 2% 15.78 2% Parts Clerk II 15.40 15.86 3% 16.18 2% 16.50 2% Parts Chaser 11.17 11.51 3% 11.74 2% 11.97 2% ENTERPRISE FUNDS: SOLID WASTE (fund # 610) Staff Positions: 15.33 15.79 3% 16.11 2% 16.43 2 Driver Operator 14.27 14.70 3% 14.99 2% 15.29 2% Operator 11 14.56 15.00 3% 15.30 2% 15.60 2% Equipment Operator III (Code) 15.00 15.45 3% 15.76 2% 16.07 2% Job Leader 16.77 17.27 3% 17.62 2% 17.97 2% Picker 1 14.64 15.08 3% 15.38 2% 15.69 2% Picker II 14.99 15.44 3% 15.75 2% 18.06 2% ORGANIC RESOURCES (fund # 641 -0630 - partial) Staff Positions: Heavy Equipment Operator 1 15.92 16.40 3% 16.73 2% 17.06 2% Heavy Equipment Operator II 16.32 16.81 3% 17.15 2% 17.49 2% Job Leader 17.03 17.54 3% 17.89 2% 18.25 2% General Laborer 13.54 13.95 3% 14.23 2% 14.51 2% WASTEWATER (fund # 641 -0630 partial) Staff Positions: 15.65 16.12 3% 16.44 2% 16.77 2 CSO Rep 1 CSO Rep II 16.32 16.81 3% 17.15 2% 17.49 2% Dewater Operator 16.32 16.81 3% 17.15 2% 17.49 2% Operator I - Wastewater 14.91 15.36 3% 15.66 2% 15.98 2% General Laborer 13.54 13.95 3% 14.23 2% 14.51 2% Janitor 0.30 0.39 3% 0.40 2% 0.41 2% Lift Station - Rep 1 16.32 16.81 3% 17.15 2% 17.49 2% Lift Station - Rep 11 17.00 17.51 3% 17.86 2% 18.22 -2% Maintenance Electrician I 15.37 15.83 3% 16.15 2% 16.47 2% Maintenance Electrician II 15.69 16.16 3% 16.48 2% 15.01 2% Maintenance Electrician Ill 17.00 17.51 3% 17.85 2% 18.22 2 Maintenance Electrician IV 17.60 18.21 3% 18.57 2% 18.95 2% Maintenance Electrician V 10.34 18.89 3% 19.27 2% 19.65 2% Maintenance Lead 19.03 19.60 3% 19.99 2% 20.39 2% Maintenance Repair 1 15.65 16.12 3% 16.44 2% 16.77 2 Maintenance Repair II 16.32 16.81 3% 17.15 2% 17.49 2% Maintenance Repair III 17.00 17.51 3% 17.86 2% 1622 2% Maintenance Repair IV 17.68 18.21 3% 18.57 2% 18.95 2% Operator - General 16.32 16.61 3% 17.15 2% 17.49 2% Operator -Lead 19.03 19.60 3% 19.99 2% 20.39 2% Operator - Senior 17.00 17.51 3% 17.86 2% 18.22 2% Operator I-Wastewater 14.91 15.36 3% 15.68 2% 15.98 2% Relief Operator 14.98 15.43 3% 15.74 2% 16.05 2% Sanitation Operator(Janitor/WW) 14.23 14.66 3% 14.95 2% 1525 2% SEWER DEPARTMENT (fund # 641 -0621) Staff Positions: General taborer Heavy Equipment Operator 1 15.92 16.40 3% 16.73 2% 17.06 2% Job Leader 17.17 17.69 3% 18.04 2% 18.40 2% Operator 14.27 14.70 3% 14.99 2% 15.29 2% Operator II 14.77 15.21 3% 15.52 2% 15.83 2% . Operator ill 14.86 15.31 3% 15.61 2% 15.92 2% WATERWORKS (fund # 620) Staff Positions: Auditor I - Barg. 14.61 15.05 3% 15.35 2 % 15.66 2 Auditor 11 - Barg. 15.57 16.04 3% 16.36 2% 16.60 2% Auditor III -Barg. 16.81 17.31 3% 17.66 2% 18.01 2% Auditor N -Barg. 17.15 17.66 3% 18.02 2% 18.38 2% Clerk Dispatcher III 15.07 15.52 3% 15.83 2% 16.15 2% 2% Shut off Clerk 13.49 13.89 3% 14.17 2% 14.46 Courier / Supply Clerk 14.84 15.29 3% 15.59 2% 15.90 2% 2% Crew Chief 14.80 15.24 3% 15.55 2% 15.86 Customer Service & Billing 13.74 1415 3% 14.44 2% 14.72 2% 2% Data Processor 15.17 15.63 3% 15.94 2% 16.26 Engineering Aide III 16.15 16.63 3% 16.97 2% 17.31 2% Field Repairmanflnsp 1 15.94 16.42 3% 16.75 2% 17.08 2% Field Repairman / Insp II 16.15 16.53 3% 16.97 2% 17.31 2% Field Repairman / Insp III 16.35 16.84 3% 17.18 2% 17.52 2 General Laborer 13.54 13.95 3% 1423 2% 14.51 2% Group Leader - Water Works 16.10 15.58 3% 16.91 2% 17.25 2% Heavy Equipment Operator 1 15.92 16.40 3% 16.73 2% 17.06 2% Heavy Equipment Operator II 16.50 17.00 3% 17.33 2% 17.68 2% Janitor 13.63 14.04 3% 14.32 2% 14.61 2% Job Leader 16.77 17.27 3% 17.62 2% 17.97 2% Machinist 16.15 16.63 3% 16.97 2% 17.31 2% Maintenance Tech - Helper 13.92 14.34 3% 14.62 2% 14.92- 2% Maintenance Tech 14.82 15.26 3% 15.57 2% 15.88 2% Maintenance Tech II 15.23 15.69 3% 16.00 2% 16.32 2% Meter Serviceman III 14.51 14.95 3%, 15.24 2% 15.55 2% Meter ServicemanrV 15.07 15.52 3% 15.83 2% 16.15 2% Operator 1 14.27 14.70 3% 14.99 2% 15.29 2% Operator 11 14.56 15.00 3% 15.30 2% 15.60 2% Operator 111. 14.86 15.31 3% 15.61 2% 15.92 2% Payment Processor - Lead 13.83 14.24 3% 14.53 2% 14.62 2% Utility Operator 13.65 14.06 3% 14.34 2% 14.63 2% Filed In Clerk's Office D EC - 5 207 JOHN VOOP 3E C1W CLERK, SO. BEND, IN