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HomeMy WebLinkAbout07-09-2018 Agenda Packet1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, July 9, 2018 7:00 P.M. 1.INVOCATION- AMY HOUGHTALING, HOPE MINISTRIES SOUTH BEND 2.PLEDGE TO THE FLAG 3.ROLL CALL 4.REPORT FROM THE SUB-COMMITTEE ON MINUTES 5.SPECIAL BUSINESS SPECIAL RESOLUTION HONORING FORMER FIFTH (5TH) DISTRICT COUNCIL MEMBER DR. DAVID VARNER 6.REPORTS FROM CITY OFFICES- NO CITY REPORTS 7.COMMITTEE OF THE WHOLE TIME: ______ BILL NO. 23-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17, ARTICLE 2, DIVISION 3, SECTION 17-8 (f) TO REVISE LOCAL PRETREATMENT STANDARDS FOR THE CITY’S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT 28-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2018 29-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2018 OF $670,188 FROM GENERAL FUND (#101), 2 ($135,887) FROM PARKS & RECREATION FUND (#201), $6,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $123,769 FROM RECREATION NONREVERTING (#203), ($2,733) FROM GIFT DONATION BEQUEST FUND (#217), $25,425 FROM LIABILITY INSURANCE PREMIUM RESERVE (#226), $330,000 FROM LOCAL ROADS & STREETS (#251), $100,000 FROM LOIT 2016 SPECIAL DISTRIBUTION (#257), $595,304 FROM 2017 PARKS BOND DEBT SERVICE (#312), ($626,302) FROM HALL OF FAME DEBT SERVICE (#313), $275,000 COUNTY OPTION INCOME TAX (#401), $25,000 FROM PARK NONREVERTING CAPITAL (#405), $146,250 FROM ECONOMIC DEVELOPMENT INCOME TAX (#408), $74,600 FROM MORRIS CAPITAL IMPROVEMENT (#416), AND $1,867,115 FROM EQUIPMENT/VEHICLE LEASING (#750). 30-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2018 OF $311,276 FROM EMS CAPITAL FUND (#287), $219,930 FROM SEWAGE WORKS OPERATING (#641), $150 FROM 2011 SEWER BOND (#659), AND $7,500 FROM 2012 SEWER BOND (#661). 8. BILLS ON THIRD READING TIME:______ BILL NO. 23-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17, ARTICLE 2, DIVISION 3, SECTION 17-8 (f) TO REVISE LOCAL PRETREATMENT STANDARDS FOR THE CITY’S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT 28-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2018 29-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2018 OF $670,188 FROM GENERAL FUND (#101), ($135,887) FROM PARKS & RECREATION FUND (#201), $6,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $123,769 FROM RECREATION NONREVERTING (#203), ($2,733) FROM GIFT DONATION BEQUEST FUND (#217), $25,425 FROM LIABILITY INSURANCE PREMIUM RESERVE (#226), $330,000 FROM LOCAL ROADS & STREETS (#251), $100,000 FROM 3 LOIT 2016 SPECIAL DISTRIBUTION (#257), $595,304 FROM 2017 PARKS BOND DEBT SERVICE (#312), ($626,302) FROM HALL OF FAME DEBT SERVICE (#313), $275,000 COUNTY OPTION INCOME TAX (#401), $25,000 FROM PARK NONREVERTING CAPITAL (#405), $146,250 FROM ECONOMIC DEVELOPMENT INCOME TAX (#408), $74,600 FROM MORRIS CAPITAL IMPROVEMENT (#416), AND $1,867,115 FROM EQUIPMENT/VEHICLE LEASING (#750). 30-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2018 OF $311,276 FROM EMS CAPITAL FUND (#287), $219,930 FROM SEWAGE WORKS OPERATING (#641), $150 FROM 2011 SEWER BOND (#659), AND $7,500 FROM 2012 SEWER BOND (#661). 9. RESOLUTIONS BILL NO. 18-26 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1235 W NAPIER 18-28 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF THE CITY ENGAGEMENT & EMPOWERMENT TEAM’S APPLICATION TO THE CITIES OF SERVICE “LOVE YOUR BLOCK” GRANT OPPORTUNITY FOR THE “LEADING IN NEIGHBORHOOD CONNECTIONS” PROGRAM. 18-29 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 902 N. ALLEN, 1145 N. BROOKFIELD, 1306 N. BROOKFIELD, 914 N. CLEVELAND, 903 N. COLLEGE, 917 N ELMER, 1101 N. ELMER, 1229 N. ELMER, 1329 N. HUEY, 1110 N. JOHNSON, 749 N. LAWNDALE, 913 N. LAWNDALE, 1138 N. OLIVE, 1530 VAN BUREN. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HISTORIC LINCOLN WAY WEST HOMES, LP 18-30 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 SOUTH BEND BREWERY PLACE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR HISTORIC LINCOLN WAY WEST HOMES, LP 4 10. BILLS ON FIRST READING BILL NO. 31-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING §13-75.5(O)(6) OF CHAPTER 13, ARTICLE 5 OF THE SOUTH BEND MUNICPAL CODE PERTAINING TO DISORDERLY HOUSES AND PROHIBITING DEALING IN MARIJUANA, HASH OIL, HASHISH, SALVIA, SYNTHETIC DRUGS AND SYNTHETIC DRUG LOOKALIKE SUBSTANCES 32-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10546-17 BY ADDING NEW SALARIED AND WAGE POSITIONS TO THE ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2018 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: JULY 3, 2018 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, JULY 9, 2018: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 18-29- Designating Residential Real Property Tax Abatement: Historic Lincoln Way West Homes, L.P. 2. Bill No. 18-30- Designating Multifamily Real Property Tax Abatement: Historic Lincoln Way West Homes L.P. 3:45 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Bill No. 28-18- June 2018 Transfer Ordinance 2. Substitute Bill No. 29-18- June 2018 Appropriation Ordinance- Civil City Funds 3. Bill No. 30-18- Appropriation Ordinance- Enterprise Funds 3:55 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 18-26- 1235 W. Napier St- Special Exception Use 4:05 P.M. RESIDENTIAL NEIGHBORHOODS KAREN L. WHITE, CHAIRPERSON 1. Bill No. 18-28- Cities of Service “Love Your Block” grant opportunity 4:15 P.M. UTILITIES JAKE TESHKA, CHAIRPERSON 1. Update: Repower Indiana- Kelly Beduhn 4:25 P.M. COMMUNITY RELATIONS REGINA WILLIAMS-PRESTON, CHAIRPERSON 1. Community Survey Report- Emmanuel Cannady, University of Notre Dame Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Relations Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment 2 cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Jake Teshka, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Gavin Ferlic, Member Jake Teshka, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Gavin Ferlic, Member Jake Teshka, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Jake Teshka, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott Jake Teshka 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.02-26-18) TIM SCOTT, 1ST District Council Member President Information and Technology, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Information & Technology Committee, Member Public Works & Property Vacation, Vice Chair Utilities Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member JAKE TESHKA, 5TH District Council Member Utilities Committee, Chairperson Council Rules Committee, Member Information and Technology Committee, Vice-Chairperson Sub-Committee on Minutes, Member Community Relations Committee OLIVER J. DAVIS, 6TH District Council Member Vice President Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Information & Technology Committee, Member PARC Committee, Vice-Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Council Rules Committee, Member Health & Public Safety Committee, Member JOHN VOORDE, AT LARGE Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member May 24, 2018 Common Council 227 West Jefferson Blvd. Suite 400 S CITY OF SouTH BEND PETE BuTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director South Bend, Indiana 46601 Filed in Clerk's Office JUN 04 2-01a KAREEMAH FOWLeA CITY CLERK, SOUTH BEND, IN RE: Request for Amendment of Local Standard Regulations in the South Bend Municipal Code Dear Common Council Members: Per the City of South Bend Wastewater Treatment Plant's (City) PDES Permit o. IN0024520, the City is required by the federal Environmental Protection Agency (EPA) to conduct a technical re-evaluation of its Local Standards for use of the public sewers no less than every five-year permit cycle. The City has completed the re-evaluation, and thus requests to amend Chapter 17, A1iicle 2, Division 3, Section 17-8 (f) of the South Bend Municipal Code to include a Monthly Maximum Allowable Industrial Load (MAIL) requirement, distinct from the existing Daily MAIL. The City's recommended modification of the Municipal Code is compliant with federal law and has been tentatively approved by the EPA. In accordance with an EPA letter dated May 15, 2018, prior to submittal for formal EPA approval, the City must fonnally adopt the proposed revision to Section 17-8 (f) of the South Bend Municipal Code. We are submitting this amended Section of the South Bend Municipal Code for your approval, so to comply with EPA's requirement. If you should have any questions, please don't hesitate to contact me at 574-235-9251 or by email at ehorvath(a),south bend in. gov Sincerely, Eric Horvath Executive Director Department of Public Works 227 West Jefferson Blvd. Suite 1300 N South Bend, Indiana 46601 BILL NO.23-18 Filed in Clerk's Office J, o s r,r s• UNITED STATES ENVIRONMENTAL PROTECTION AG CY REGION 5 x3 77 WEST JACKSON BOULEVARD KAREEMAH FOWLER yrQ<PRO G\ O CHICAGO, IL 60604-3590 CITY CLERK,SOUTH BEND, IN MAY ; 2ot8 REPLY TO THE ATTENTION OF: WN-15J Mr. Al Greek Director of Utilities City of South Bend Division of Public Works 3113 Riverside Drive South Bend,Indiana 46628 Re: Tentative Approval of Local Limits Modification for Pretreatment Program for the City of South Bend Wastewater Treatment Plant, South Bend,Indiana,NPDES Permit No. IN0024520 1 Dear Mr. Greek: 1 i The U.S. Environmental Protection Agency(EPA)has reviewed the proposed Local Limits (LL) modification submitted by the City of South Bend Wastewater Treatment Plant(City)on July 31, 2017,and subsequent supporting document in response to EPA's comments received on August 3, September 15 and November 14,2017. The proposed LL modification was public noticed on March 30, 2018, in the South Bend Tribune; and there were no public comments received during the comment period. In accordance with 40 CFR Section 403.A of the General Pretreatment Regulations,I am pleased to inform you that based on our evaluation of the information provided,the modifications are consistent with federal requirements and approvable. Before EPA can formally approve of any modifications to the pretreatment program,the City must first formally adopt changes to its Sewer Use Ordinance (SUO)and then the City must submit the final and city-approved versions of the City's SUO request for EPA approval. kdaysPleasesubmittheadoptedSUOandsupportingdocumentswithinfromthedateofthis letter. Thank you for your continued commitment to protect our nation's water resource. If you have any questions,please contact David Soong at(3 12) 886-0136 or at soong.david Lepa.gov. 1 Sincerely, Kevin M:Pierard,Chief. "r - NPDES Programs Branch Ii cc: Natalie Maupin,IDEM, electronically Lauran Trapp, City of South Bend., electronically 1 Recycled/Recyclable 0 Printed with Vegetable Oil Based Inks on 100%Recycled Paper(100%Post Consumer) Filed in Clerk's Office BILL NO. 23-18 JUN 0 4 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17, ARTICLE 2,DIVISION 3, SECTION 17-8 (f) TO REVISE LOCAL PRETREATMENT STANDARDS FOR THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT STATEMENT OF PURPOSE AND INTENT In order for the City of South Bend to discharge pollutants into the St. Joseph River as one of the "waters of the United States," the federal Clean Water Act of 1972 requires the City to possess a National Pollutant Discharge Elimination System(NPDES)Permit. As one condition of the City's maintenance of its NPDES Permit, the City is required by the federal Environmental Protection Agency (EPA) not less than every five years to review and update its Local Standards for general use of the public sewers and pretreatment of waste. These regulations are codified at Chapter 17, Article 2, Division 3, Section 17-8 of the South Bend Municipal Code. The City through its Division of Environmental Services has performed the requisite review and wishes to revise Section 17-8 (f) to add a Monthly Maximum Allowable Industrial Load (MAIL)requirement, distinguished from a Daily MAIL. The City's recommended revision of the Municipal Code is in compliance with federal law and is expected to be approved by the EPA. It is in the best interest of the City that this ordinance be adopted. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. Chapter 17, Article 2, Division 3, Section 17-8(f) of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17-8—General purpose; prohibited discharges; discharge standards. f) Local Standards. 1) The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c) to protect the objectives specified in Sec. 17-8(a). 2) The following pollutant limits are established to protect against Pass Through and Interference. No Significant Industrial User shall discharge wastewater in excess of the following daily maximum discharge limitations: [0.00019) mg/L total mercury. 3) The Director may, at the Director's sole discretion, implement local limits through allocation of the Daily Maximum Allowable Industrial Load (MAIL) and the Monthly MAIL to Significant Industrial Users. The Daily MAIL is the total daily loading of a pollutant available to be allocated to all Significant Industrial Users. The Monthly MAIL is the total loading of a pollutant available to be allocated to all Significant Industrial Users as a monthly average. The monthly age is calculated as the sum of the concentrations of all daily discharges measured during a calendar month divided by the number of daily discharges measured that month. Daily MAILs and Monthly MAILs for the following pollutants are hereby incorporated by reference: Arsenic c Cadmium c Chromium Copper c Cyanide 1 Lead n Nickel s Silver z Zinc 4) Significant Industrial Users (SIU) who have not been given an allocation for one of the pollutants listed above shall notify the City of South Bend at least 90 days in advance of a change in the characteristics of their wastewater that would increase the expected concentration of that pollutant in their wastewater discharge. In addition, the City may determine at any time that an SIU wastewater discharge requires a limitation for a pollutant, regardless of the concentration levels listed below, and may then develop a limit based on the MAIL. In any case, SIU discharge that is found to contain in excess of the following concentrations will be reviewed for the need for a limit. The Director may require more sensitive analysis when results are reported as less than the following concentrations or less than greater concentrations: Arsenic-0.2 mg/L Cadmium-0.1 mg/L Chromium-2.0 mg/L Copper-0.3 mg/L Lead-0.3 mg/L Nickel-0.3 mg/L Silver-0.2 mg/L Zinc-0.3 mg/L Cyanide-0.1 mg/L SECTION IL This ordinance shall be in full force and effect from and after its passage by the Common Council, approval of the Mayor and any publication required by law. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at_o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 6/25/2018 NPDES Permit Pretreatment Program Sewer User Ordinance, Local Limits OBJECTIVES: Prevent POTW pass through Prevent POTW interference Protect sludges Protect ublic healthp Industry X January 2018 Nickel Result mg/L) 1/2 0.7 Current Daily Max Limit Based on Sludge): 0.9 mg/L 1/9 0.4 1/16 1.6 Proposed Monthly Ave Limit 0.9 mg/L 1/23 0.3 Based on Sludge): 1/30 0.4 Average: 0.7 1 pUTI-1 B 120ON COUNTY-CITY BUILDING p4' G PHONE 574/ 235-9822 227 W.JEFFERSON BLVD. FAX 574/ 235-9928 SOUTH BEND, INDIANA 46601-1830 j d III K AU E w w X 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE June 18, 2018 Filed in Clerk's Office Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 41h Floor JUN 19 2018 South Bend, Indiana 46601 KAREEMAH FOWLER RE: June 2018 Transfer Ordinance CITY CLERK,SOUTH BEND,IN Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2018, we plan to propose adjustments during four time periods—March, June, October and December. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on June 25, 2018 with 2nd reading, public hearing and 3rd reading scheduled for July 9, 2018. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, 1"-w Jennifer C. Hockenhull City Controller EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT BILL NO. 28-18 Filed in Clerk's Office BILL NO. 28-18 JUN 19 2016 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE Olt V OF SOUTff- BEND,INDIANA,FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2018 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets Ordinances #10499-17 and 10537-17 passed on October 23, 2017) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2018. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. 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JEFFERSON BLVD. FAX 574/ 235-9928 SOUTH BEND, INDIANA 46601-1830 w y PFACF: x ^x 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND s- I Filed in Clerk's i . June 18, 2018 Mr. Tim Scott, President JUN 2b Lie, City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor KAREEMAHSouthBend, Indiana 46601 CITY CLERK,SOUTH 3Fiv RE: June 2018 Appropriation Ordinance–Civil City Funds– SUBSTITUTE BILL#29-18 Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2018, we plan to propose adjustments during four time periods—March, June, October and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. The substitute includes an additional request relating to estimated expenses for a newly awarded AmeriCorps Grant. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on June 25, 2018 with 2"d reading, public hearing and 3rd reading scheduled for July 9, 2018. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Y#_ Jennifer C. Hockenhull City Controller EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT BILL NO. 29-18 c y O 0 Y d c c a 3 moN c L c w 5 E N N 0 o v a m • c vvvvv vvvv o0 00 0` oo o N E cEcI o U o o w c m 3 0 0 0° 0 99999999 =_= o Eo Y C N 0 0000000000000 •O O'O C O E c 0v o ovv ovvvaavv Li i LPL ° y D E L i 5 c c c c c c c c c c c c c c o > > > > > > > > > > > > > > m 3UpCE .O LL LL ILL LL LLLL LL LL w LL LL LL LL LL N m N 0 Q L N R d O N > m tO tO N t` t` l` l`m N N N 0 N N o o mox O a D m d NC2 m iN a c N s c N dc N mc N mc m mc m mc N mc m dc m` mc m mc m mc m ac m ac CY07 CY07( Y 0 7 ° EECw7(7C7000U 0(7(707(7(7(7 E Q o LL. 0O N N c 3 m m m m m m m d d m d m M m 0 0 0 o¢ c °N c-E£c-:E:5 s w m m m LL j m N M'O m E 0 m C O w 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N m L7 m In U O U C m m C Y Y Y Y Y Y Y Y Y Y Y Y Y Y N h h m - E c m E m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m N O E E M a m m m m m m m m m m m M m m 0 0 0 E$ N O 'C f0 N N d 0 O aaaaaaaaaaaaaa O`.O C N j M m Lu c .N.. 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U U)3..a.n.w w a U m Z z X X N O F F-O N N C C C C 0 0101010100100100000) Q N E E a1 a) N N a' Q• m 'U pm_I' a0i a0i E N E E N E E N E EO nn OU > > > >N E J N m ai J= aN m 1. J atm o J m N m 1 JaOOOO Z c m TN N N m J 4) N m a1 J N JaaN m) 1 J ay m a)l l J N m am1 J N m am1 J m aN N 1 Q CNE u S2 2 I Vill L L L L L L L L L 0 i D C 0 0 oI U U U U w N N N N Z o o, N N N N n a n n n a a E E E E E NEYooEEL5,5,,,O m O m D-D-0 Q o-CT 0" C a W W > W W W W W W w W W W W W Filed in Clerk's Office SUBSTITUTE BILL NO. 29-18 JUN 25 20,8 KAREEMAFi r6WLER ORDINANCE NO.CITY CLERK,SOUTH SEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2018 OF $670,188 FROM GENERAL FUND (#101), ($135,887) FROM PARKS & RECREATION FUND (#201), $6,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202), 123,769 FROM RECREATION NONREVERTING (#203), ($2,733) FROM GIFT DONATION BEQUEST FUND (#217), $25,425 FROM LIABILITY INSURANCE PREMIUM RESERVE (#226), $330,000 FROM LOCAL ROADS & STREETS 251), $100,000 FROM LOIT 2016 SPECIAL DISTRIBUTION (#257), $595,304 FROM 2017 PARKS BOND DEBT SERVICE (9312), ($626,302) FROM HALL OF FAME DEBT SERVICE (H313), $275,000 COUNTY OPTION INCOME TAX 401), $25,000 FROM PARK NONREVERTING CAPITAL (#405), $146,250 FROM ECONOMIC DEVELOPMENT INCOME TAX(#408), $74,600 FROM MORRIS CAPITAL IMPROVEMENT (#416), AND $1,867,115 FROM EQUIPMENTNEHICLE LEASING (#750). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2018 operating and capital budgets in 2017 (Ordinance#10499-17 passed on October 23, 2017),which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section 1. The following amounts are hereby appropriated in fiscal year 2018 and set apart within the following designated funds for expenditures as follows: FUND Amount General Fund(#10 1) 670,188 Parks &Recreation(#201) 135,887) Motor Vehicle Highway Fund (#202) 6,000 Recreation Nonreverting (#203) 123,769 Gift, Donation, Bequest Fund (#217) 2,733) Liability Insurance Premium Reserve (#226) 25,425 Local Roads & Streets (#251)330,000 LOIT 2016 Special Distribution(#257) 100,000 2017 Parks Bond Debt Service (#312) 595,304 Hall of Fame Debt Service (#313)626,302) County Option Income Tax (#404) 275,000 Park Nonreverting Capital (#405) 25,000 Economic Develop Income Tax (#408) 146,250 Morris Capital Improvement(#416) 74,600 Equipment/Vehicle Leasing (#750) 1,867,115 TOTAL 3,473,729 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler,City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at_o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 4$pUTH 8E 120ON COUNTY-CITY BUILDING o d PHONE 574/235-9822 227 W.JEFFERSON BLVD. U FAX 574/235-9928 SOUTH BEND, INDIANA 46601-1830 H 1,E, 'E 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE June 18, 2018 Filed in Clerk's Office Mr. Tim Scott, President City of South Bend Common Council UN 10 2018227W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 KAREEMAH FOWLER RE: June 2018 Appropriation Ordinance–Civil City Funds CITY CLERK,SOUTH BEND, IN Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2018, we plan to propose adjustments during four time periods—March, June, October and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on June 25, 2018 with 2nd reading, public hearing and 3rd reading scheduled for July 9, 2018. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, r"` c Jennifer C. Hockenhull City Controller Lit EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT ' _ f=iled in Clerk's Office BILL N0. 2)-18 JUN 9 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2018 OF $304,000 FROM GENERAL FUND (001), ($135,887) FROM PARKS & RECREATION FUND (#201), $6,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202), 123,769 FROM RECREATION NONREVERTING (#203), ($2,733) FROM GIFT DONATION BEQUEST FUND (#217), $25,425 FROM LIABILITY INSURANCE PREMIUM RESERVE (#226), $330,000 FROM LOCAL ROADS & STREETS 251), $100,000 FROM LOIT 2016 SPECIAL DISTRIBUTION (#257), $595,304 FROM 2017 PARKS BOND DEBT SERVICE (012), ($626,302) FROM HALL OF FAME DEBT SERVICE(#313),$275,000 COUNTY OPTION INCOME TAX(#401), 25,000 FROM PARK NONREVERTING CAPITAL (#405), $146,250 FROM ECONOMIC DEVELOPMENT INCOME TAX (#408), $74,600 FROM MORRIS CAPITAL IMPROVEMENT (#416), AND $1,867,115 FROM EQUIPMENTIVEHICLE LEASING (#750). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2018 operating and capital budgets in 2017 (Ordinance#10499-17 passed on October 23, 2017), which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2018 and set apart within the following designated funds for expenditures as follows: FUND Amount General Fund (#101) 304,000 Parks & Recreation(#201) 135,887) Motor Vehicle Highway Fund (#202) 6,000 Recreation Nonreverting (#203) 123,769 Gift, Donation, Bequest Fund (#217) 2,733) Liability Insurance Premium Reserve (#226) 25,425 Local Roads& Streets (#251)330,000 LOIT 2016 Special Distribution(#257) 100,000 2017 Parks Bond Debt Service (4312) 595,304 Hall of Fame Debt Service (#313)626,302) County Option Income Tax (9404) 275,000 Park Nonreverting Capital (#405) 25,000 Economic Develop Income Tax (4408) 146,250 Morris Capital Improvement(#416) 74,600 EquipmentNehicle Leasing(#750) 1,867,115 TOTAL 3,107,541 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. 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E cl C m 9 9 9 g'5 a9'S'9'9 c ar E ww>>w w'wwwwE z `o o E E g` o o`.W o` `o `o o f c 00000•oo 0000 o u.W m N N N N N N N m N N N N U m m m m m m m N m m m m m Q m N m m m m m m m m N N m m mmmm m m m m m m'm m L L L L L L L L t L L L L J > > > > J J - L Q-,> > >o_an.an.aaaaC-- o.,Pa' 5'9'9'9'9''S.'.'s,S 0 w w W W W W W W W W w w w o ZE m oc c c c c m C cry m m m m E aZ E E m m E m m E E U w i-2-,3 atraom m o m m m 0 3 UU 0 a LLJ> m o o o._._ `m o 9 fn aawLLaUmzz m m O c rnrnrno) m CL c c c c c c c c c c c c c E N'N'N'N'N'N'N N m'N Q m m m m m m m m m m m m m m c E m mmmmmmmmmmm m 1 m J J J J J J J J J J J J J E Z m mmmmmmmmmmm m O C L L t L L L L L L L L L L m c c c c c c c c c c c c c cOmmmmmmmmmmmmm E E E E E E E E E E E E E E N Q ccy U W W W W W W W W W W W W W 120ON COUNTY-CITY BUILDING 4gO TH 8E PHONE 574/ 235-9822 227 W.JEFFERSON BLVD.4 d FAX 574/ 235-9928 SOUTH BEND, INDIANA 46601- 1830 U VKAUE w y 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE June 18, 2018 Filed in Clerk's Office Mr. Tim Scott, President City of South Bend Common Council Jl)N01227W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 KAREEMAH FOWLERRE: June 2018 Appropriation Ordinance– Enterprise Funds CITY CLERK, SOUTH BEND,IN Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2018, we plan to propose adjustments during four time periods—March, June, October and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on June 25, 2018 with 2nd reading, public hearing and 3rd reading scheduled for July 9, 2018. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Jennifer C. Hockenhull City Controller A4_116., 117 EXCELLENCE + ACCOUNTABILITY + INNOVATION INCLUSION EMPOWERMENT Y / BILL NO. 30-18 Filed in Clerk's Office JUN 19 2018 BILL NO. 30-18 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2018 OF $311,276 FROM EMS CAPITAL FUND (#287), $219,930 FROM SEWAGE WORKS OPERATING (#641), $150 FROM 2011 SEWER BOND (#659),AND $7,500 FROM 2012 SEWER BOND (#661). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2018 operating and capital budgets in 2017 (Ordinance #10537-17 passed on October 23, 2017), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2018 and set apart within the following designated funds for operational expenses as follows: FUND Amount EMS Capital Fund(4287) 311,276 Sewage Works Operating (9641) 219,930 2011 Sewer Bond(4659) 150 2012 Sewer Bond(4661) 7,500 TOTAL 538,856 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at_o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana m o 16 m 2 In to d CF. m 3 d m O N N ILL LLNOEUmmO A) a o..-LL n c (D (D Filed In Clerk's mice r u) O LL O N • 3 n oOa N NL m C m LL ID =mr ° L O m E c JUN 4! 20111Ca C N V)C o m N E, a OI O1 « 0 3O -o Q 3 3 LL W D KAREEMAH FOWLERaycyavi ' 0m yr o 0 m O a 3 N=_ E m J' ".ERK: SOUTH BEND,IN O 0 a mCI N y Y C C m m E m N a-6 'na'va2 N li LL D U r o m c c j E Y m CL a - 01 m G7 U X U) C m U C1 m m d«C m mw w m O N W X C(n w mr N C np to HNw m CU) CLo 5 ca a S(D •9U .9U EC N C B 3 w O. ' L6 0 m 0 mY pd u LL O c E E l0 O N m N l6 r n 2 r a) N NWLL O N C N C O. a N E m N ••m- p 3 tLin0U `O ° a a Q O N w H I- N 7 Of R N O N W N LL N In C d N r N N C N e V3. va to w ma c o =EW d a Z M y' y o C-4 0 0 0 M uo N uui uui C N N Cl) Iu) p v Co C m= O E v Y Y Y C w L+ r Q 3 0rBV o m N N O tD O Z Om0OOO O N N N I CD 1 O w^ O m E O O N N N O U 10 C C m m mT JOpO J J N O U U rUOm 0 LN O W W W N LL U m m a L6 D D d Q U pp C CON CDC mE E Z O O O O p W N a a a a U 3 7 Z t t t t m m m m m co c c c c 0 z I m M E EE CL O m m m CD W W N O C a Cm E Q C CQ ° dUE C CL=O Q W Oz O OO oa U m m o C Li a 3 3 IM E U U rn iq cp o E Cn fn m r N N3 cUWWcoNN AREA BOARD OF ZONING APPEALS 1140 County-City Building Filed in Clerk's Office 227 W.Jefferson Boulevard South Bend,IN 46601 JUN 15 2018 www.sjclndiana.com Phone 574.235-9571 -Fax-574235-9813 KAREEMAH FOWLER CITY CLERK, SOUTH BEND,IN Friday,June 15, 2018 Common Council 227 W. Jefferson Boulevard South Bend,IN 46601 RE: The petition of GETHSEMANE CHURCH OF GOD seeking a Special Use for an off-site parking Iot within 500'of an existing church in the SF2 Single Family&Two Family District(South Bend) for property located at 1235 W NAPIER ST,City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of GETHSEMANE CHURCH OF GOD was legally advertised on May 31, 2018 and that the Area Board of Zoning Appeals at its public hearing on June 13,2018 took the following action: Upon a motion by Michael Urbanski, being seconded by Robert Hawley and unanimously carried,a petition by GETHSEMANE CHURCH OF GOD seeking a Special Use for an off-site parking lot within 500'of an existing church for property located at 1235 W NAPIER ST, City of South Bend, was sent to the Council with a favorable recommendation,and will issue written Findings of Fact. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P.Magliozzi,Jecuti e Director Attachment CC: GETHSEMANE CHURCH OF GOD BILL NO. 18-26 Filed in Clerk's Office BILL NO. 18-26 JUN 15 2018 a RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1235 W NAPIER WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1235 W NAPIER In order to permit offsite parking within 500' of an existing church. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council LAWRENCE P. MAGLIOZZI r.XECUTIVE DIRECTOR Angela M. Smith 1),P.ty Di-1- AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 1C. JLFFLRSON BL1'U.. RDO\t 114o COLINF1•CIT1 BUILDING, SOUTH BEND, INDIANA + 601 Red in-!ti-lerk'sOfflCe Special Exception/Special Use JUN '15 2018 OVIILER A special exception use/special use may only be granted upon making a written e EMAHMAH FF BEi ID,IN adopting appropriate Findings of Fact, based upon the evidence presented at a p 1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4) The proposed use is compatible with the recommendations of the Comprehensive Plan 17. Petition of Gethsemane Church of God Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation.The staff recommends the front setback be a minimum of 15' on the west property line and the drive aisle on the south be reduced to allow for a larger setback. The staff recommends the perimeter landscaping variance be denied on the west and south. The staff further recommends the denial of the interior off-street parking landscape islands to none. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed parking lot will not be injurious to the public health, safety,or general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, With proper landscaping and buffering, the proposed use will not adversely affect the use or value of the adjacent properties. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is for the expansion of a church that has been in the neighborhood for a long time. With the proper buffering, the use can be consistent with the character of the residential district and neighborhood in which it is located. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. There is no specific reference to this particular use in the Comprehensive Plan. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/AREA PLAN CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE PROPERTV INFORMATION: Filed in Clerk's Office The property Tax Key Number(s)is/are: 018-3074-2923 &018-3074-2924 The property address: 1235 W Napier Street and the vacant lot lying west and adjacent JUN 1 5 2018 Legal Description: Lot 49 and Lot 50 as shown on the recorded plat of IsdOWWR TH BEND.IN VARIANCE INFORMATION: 1) (1)A variance from the required 25'front setback to 3' on the south and 6' on the west; 2)A variance from the required 20'side yard setback to 3' on the north and east; 3)A variance from the required parking stops to none; 4)A variance from the required 2 interior off-street parking landscape islands to none; 5)A variance from the required Type A perimeter landscaping to none; 2)A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s)being requested: to allow an offsite parking lot within 500'of an existing church, in the SF2 Single Family and Two Family District. 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards,convenience or general welfare: This parking is best suited on this corner lot, while having an existing cross walk provided to the south where the church is located. b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: religious use is permitted within the SF2 Single Family and Two Family District. This petition is for the parking lot, c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: This parking lot shall serve the existing church. d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. This church is one of 2 long standing congregations in this neighborhood As such, the church has acted as a stabilizing influence on the nearby residential community and the members of the congregation. The addition of a formal parking for this church enhances its image of stability and service in the community and the congregation In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. PETITIONER INFORMATION: Name and address of property owner(s)of the petition site: Gethsemane Church of God Karl Nichols 308 S.Walnut Street South Bend,Indiana 46601 574-276-5842 director @cwpartners.org Name and address of additional property owners, if applicable: n/a Name and address of petitioner(s), if different than the petitioner): n/a Name and address of additional property owners, if applicable: n/a CONTACT PERSON: Lang, Feeney& Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 574-233-1841 Terry@LangFeeney.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. Signature(s)of all property owner(s): Gethsemane Church of God Karl Nichols C 0 Fi din Clerk's Office c W A ° o W N 4 C m z to JUN 15 2010 m RN N p^N REEIVIAH FOWLER r o W J CITY CLERK,SOUTH BEND,IN w s o N o a y N O O o pN Ztv U OK OM I I I J I M l 06.911 llV ,i I C I W M/a,99 1332iiS 2131dVN 17C Q j r J CD @ z j o Y Lo LLJ Q I i I i (O oo 2 Y[N I w wI o I. 0 I Z 3 a d Ii= x I I 06.911 rz M a,os 133ais a3idvN—_ _ IF i 1 i ` I 0N11SiX3 CITY OF SOUTH BEN Filed in Clerk's Office JUL O 3 2018 KAREEMAH FOWLER ITY CLERK, SOUTH BEND, IN COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR July 3, 2018 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Blvd, 4th Floor South Bend, IN 46601 RE: Cities of Service "Love Your Block" grant opportunity Dear President Scott, The Engagement & Empowerment Team is requesting the Council's support for a grant application submitted in May, 2018 for a the proposed "Leading in Neighborhood Connections" program (LINC). This grant consists of $25,000 over 2018 and 2019, as well as two fulltime AmeriCorps VISTA members, to support a resident-driven home repair effort. Increasing Diversity and Inclusion is a part of the City's mission statement and we believe that LINC will support this work. This program is an extension of work that residents are already doing to take on home repairs and we believe it will be a strong addition to the City's commitment to neighborhood engagement. If the City's application is successful, LINC will not require additional funds from the Department of Community Investment budget. The program will not take staff time beyond managing two AmeriCorps VISTA members, who will be responsible for day-to-day program activities. It is requested that this bill be filed for your Council meeting on July 9, 2018 and presented during the Residential Neighborhoods committee meeting. Thank you for your attention to this request. If you have any questions, please feel free to contact me at (574) 235-5896. Economic Empowerment DAJ111ELj. BucKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER TIM CORCORAN BusrNESS DEVELOPMENT ENGAGEME 'T & ECONOMIC EMPOWERMENT NErGHBOR HOOD DEVELOPME1 T PLANNING & COMMUNITY RESOURCES EXCELLENCE ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 1400S County-City Building 1227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov Bill No. 18-28 Filed in Clerk's Office BILL NO. 18-28 JUL 0 3 2016_.._ FC}VWI_LEKffffIAIA R RESOLUTION NO. CITY CLERK,SOUTH REND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF THE CITY ENGAGEMENT & EMPOWERMENT TEAM'S APPLICATION TO THE CITIES OF SERVICE "LOVE YOUR BLOCK" GRANT OPPORTUNITY FOR THE "LEADING IN NEIGHBORHOOD CONNECTIONS" PROGRAM. WHEREAS,the City of South Bend recognizes that neighborhood engagement is crucial to the vitality of our community; and WHEREAS, 82% of housing units in South Bend were constructed before 1979 and the City shares many of the housing struggles often associated with post-industrial cities, including a widespread need for small home improvements; and WHEREAS,residents of four neighborhoods on the west side of South Bend have demonstrated that engaged neighborhoods can work collectively to address ailing housing stock; and WHEREAS,the facilitation of neighborhood engagement and promotion of technical expertise through Leading in Neighborhood Connections (LILAC) would expand residents' ability to work collectively and make minor home repairs. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: The Common Council of the City of South Bend, Indiana is in full support of the City of South Bend Engagement&Empowerment team's application to the Cities of Service Love Your Block grant opportunity SECTION II: The Common Council further believes that the LINC program will facilitate neighborhood engagement, which will lead to a heightened sense of community ownership over homes and shared spaces. SECTION III: The Common Council asks that the Engagement&Empowerment Team work with South Bend residents to shape and implement the LILAC program if the City is awarded the Love Your Block grant. SECTION IV: The Resolution shall be in full force and effect from and after its adoption by the council and approval by the Mayor. Tim Scott, Council President South Bend Common Council ,,.,..;, .• ,>,·•�· ..... --.,-•. - ............- .,.;.. .. ...--·Filed in Clerk's Office .. .... , JUL o -.2orn CITY OF SOUTH BEND COMMUNITY INVESTMENT KAREEMAH FOWLER CITY CLERK, SOUTH BENO, IN JAMES MUELLER, EXECUTIVE DIRECTOR July 2, 2018 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Historic Lincoln Way West Homes, L.P. Dear Council Member Ferlic: Please find the attached information pertaining to a residential real property tax abatement petition submitted by Lincoln Way West Homes, L.P. to build 14 single-family homes as part of a housing cooperative in the area north of Lincoln Way West and west of Sherman Street. This petition package includes: ►Department of Community Investment's summary report ►Petition ►Statement of Benefits form ►Supporting information. The report contains the Department's findings relative to the above petition. The petitioner proposes to build 14 single-family homes with an approximate assessed value of $910,000. The project meets the qualifications for a (5) five-year residential property tax abatement and a representative from Historic Lincoln Way West Homes, L.P. will be available to meet with the Committee on Monday, July 9, 2018. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5823. Daniel Buckenmeyer Director Business Development DANIEL]. BUCKFo'&lEYER Al.KEYNA ALDRJDGE PAMELA MEYER TU.I CORCORAN BUSINESS DEVELOP�IENT ENGAGEMEtff & ECOKOMIC EMPOWERMENT EIGI-lllORI-IOOD DEVELOP�ff.NT PLA,\'NTNG & COMMUNITY RESOURCES EXCELLENCE I ACCOUNTABILITY! INNOVATION I INCLUSION I EMPOWERMENT 1400S County-City Building 1227W Jefferson Blvd. I South Bend, Indiana 46601 / p 574.235.9371 I www.southbendin.gov BILL NO. 18-29 Filed in C k,,9-o ice BILL NO. 18-29 KAAEEI AH F0.WLER RESOLUTION NO. CITY CLERK, SEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 902 N. Allen, 1145 N. Brookfield, 1306 N. Brookfield, 914 N. Cleveland 903 N. College, 917 N. Elmer, 1101 N. Elmer, 1229 N. Elmer, 1329 N. Huey, 1110 N. Johnson, 749 N. Lawndale, 913 N. Lawndale, 1138 N. Olive, 1530 Van Buren. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A 5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Historic Lincoln Way West Homes, LP 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 902 N. Allen, 1145 N. Brookfield, 1306 N. Brookfield, 914 N. Cleveland, 903 N. College, 917 N. Elmer, 1101 N. Elmer, 1229 N. Elmer, 1329 N. Huey, 1110 N. Johnson, 749 N. Lawndale, 913 N. Lawndale, 1138 N. Olive, 1530 Van Buren South Bend, Indiana, and which is more particularly described as follows: 1) Address: 902 N. Allen Parcel ID#: 18-1085-3578 Legal Description: Lot Numbered Sixty-five (65) in Mussels Plat, First Addition to the City of South Bend as per plat thereof recorded in Plat Book 8, page 23 in the Office of the Recorder of Saint Joseph County, Indiana, together with the North Half of the vacated alley lying South and adjacent. 2) Address: 1145 N. Brookfield Parcel# 18-2080-2896 Legal Description: Lot Numbered Sixty-two (62) in C.R. Smith's First Subdivision in the City of South Bend as per plat thereof recorded July 2, 1919 in Plat Book 10,page 83 in the Office of the Recorder of Saint Joseph County, Indiana. 1 3) Address: 1306 N. Brookfield Tax ID#: 18-2083-3051 Legal Description: Lot Numbered One Hundred Forty-four(144) in Carmi R. Smith's Second Subdivision, as per plat thereof recorded May 16, 1922 in Plat Book 10, page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 4) Address: 914 N. Cleveland Tax ID#: 18-1086-3640 Legal Description: Lot Numbered One Hundred Twenty-five (125) in Muessel's Second, an Addition to the City of South Bend, as per plat thereof recorded August 14, 1905 in Plat Book 9,page 13 in the Office of the Recorder of Saint Joseph County, Indiana. 5) Address: 903 N. College Tax ID#: 8-2072-2667 Legal Description: Lot Numbered Fifty-two (52) in Augustine's Addition to the City of South Bend, as per plat thereof recorded April 26, 1905 in Plat Book 8, page 194 in the Office of the Recorder of Saint Joseph County, Indiana. 6) Address: 917 N. Elmer Tax ID#: 18-2031-1028 Legal Description: Lot Numbered Fifteen (15) in Jacob Miller's Addition to the City of South Bend as per plat thereof in Plat Book 7, page 53 in the Office of the Recorder of Saint Joseph County, Indiana. 7) Address: 1101 N. Elmer Tax ID#: 18-2090-3402 Legal Description: Lot Numbered Two Hundred Ninety (290) as shown on the recorded Plat of Mayr's Michigan Avenue Addition to the City of South Bend, as per plat thereof, recorded March 8, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 8) Address: 1229 N. Elmer Tax ID#: 18-2086-3224 Legal Description: Lot Numbered Three Hundred Ten(3 10) in Mayr's Michigan Avenue Addition to the City of South Bend, Indiana, as per plat thereof recorded March 9, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 9) Address: 1329 N. Huey Tax ID#: 18-2087-3242 Legal Description: Lot Numbered Two Hundred Fifty-six (256) in Mayr's Michigan Avenue Addition to the City of South Bend, as per plat thereof recorded March 8, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 2 10) Address: 1110 N. Johnson Tax ID#: 18-2078-2832 Legal Description: Lot Numbered Sixty-four(64) in Rockhill's First Addition in Portage Township,now within and a part of the City of South Bend as per plat thereof recorded April 9, 1908 in Plat Book 9,page 87 in the Office of the Recorder of Saint Joseph County, Indiana. 11) Address: 749 N. Lawndale Tax ID#: 18-1082-3429 Legal Description: Lot Numbered 136 in A.G. Cushing's Sixth Addition to the City of South Bend as per plat thereof recorded June 7, 1901 in Plat Book 8,page 28 in the Office of the Recorder of Saint Joseph County, Indiana. 12) Address: 913 N. Lawndale Tax ID#: 18-1089-3756 Address: Lot Numbered 206 in Vassar Park Addition to the City of South Bend, as per plat thereof recorded July 30, 1919 in Plat Book 10, page 87 in the Office of the Recorder of Saint Joseph County, Indiana. Together with a right-of-way over the North 4 feet of the East 75 feet of Lot Numbered 205. 13) Address: 1138 N. Olive Street Tax ID#: 18-2090-3369 Legal Description: Lot Numbered Three Hundred Forty-nine (349) in Mayr's Michigan Avenue Addition to the City of South Bend as per plat thereof recorded March 8, 1905 in Plat Book 8, page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 14)Address: 1530 Van Buren Tax ID#: 18-1083-3458 Legal Description: Lot Numbered Eleven(11) as shown on the recorded Plat of John L. Taylor's Addition to the City of South Bend,recorded April 9, 1924 in Plat Book 11, page 140 in the Office of the Recorder of Saint Joseph County, Indiana. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment 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 seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and 3 WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and 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 q., 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; 4 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 three (3) 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 Investment 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 three (3) 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 as shown below. Year 1 - 100% Year 2— 100% Year 3 — 100% Year 4— 100% Year 5 — 100% 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. 5 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. Tim Scott, Council President South Bend Common Council 6 TAX ABATEMENT REPORT TO: South Bend Common Council FROM:Daniel Buckenmeyer,Director of Business Development SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Historic Lincoln Way West Homes,L.P. DATE:July 3,2018 On Monday, July 2, 2019, a petition from Historic Lincoln Way West Homes, L.P. was received and subsequently filed with the City Clerk for residential real property tax abatement consideration for 14 single-family homes in the area north of Lincoln Way West and west of Sherman Street. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached),investigated the area,and makes the following report. PROJECT SUMMARY 14) Fourteen single-family homes at an approximate assessed value of 910,000. The homes will have three or four bedrooms and 1,176 to 2,111 square feet. Each home will have an unfinished basement and a two car garage. The project is important in order to improve the residential area and property values of the surrounding neighborhood. The estimated cost of the construction project is$3,495,750. New project taxes during five year abatement period—$104,900 Estimated taxes being abated during five year abatement period—$66,982 Total taxes to be paid during five year abatement period—$37,918 1 1 Page ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or is associated with any previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the properties are not located in a Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(5) five-year residential property tax abatement under section 2-77.1, Single Family Residential Construction. 2 ( Page Filed in Clerk's Office CITY OF SOUTH BEND,INDIANA JUL 0 2 2018 PETITION FOR RESIDENTIAL TAX ABATEMENT CONSID R Foot Eli CITY Q TH END,IN The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6.1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seg.,for this petition state the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project(use additional sheet for long project descriptions): This project will consist of 14 single family homes to be constructed in the area north of Lincoln Way West and west of Sherman St. The homes will have three or four bedrooms and 1,176 to 2,111 square feet. Each home will have an unfinished basement and a two car garage. The project is important in order to improve the residential fabric and the property values of the surrounding neighborhood. 2. Estimate the dollar value of the construction project(do not include land cost):$ $ 3,495,750 3. The real property for which tax abatement consideration is petitioned(Property)is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest Historic Lincoln Way West Homes,LP 803 Lincoln WWa West,SB,IN 46616 stork Lincoln ayHomes,UP, LC'803 Lincoln way W est, 1 1 Equity Investor(to be determined) 99.99% a subsidiary of South Bend Heritage Foundation 4. The commonly known address of the Property is: Seethe attached list (Exhibit D)_and having tax key no.: See the attached list ((Ex.D) (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s).is attached hereto,marked Exhibit A,and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C,and incorporated herein. 8. The current assessed valuation of the property before construction is$ See Exhibit D use additional sheet for multiple addresses). (Information may be obtained from the St Joseph County Assessor's Office,235.9523). 9. List the real property taxes paid at the location during the previous two years,whether paid by the current owner or a previous owner(use additional sheet for multiple addresses): See the attached statement. (Exhibit D This information may be obtained from the St.Joseph County Treasurers office,235-9531) 10. What is your best estimate of the after completion market value of the property:$ 11190,000 Rev.5/13/11) 1 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, (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance,including but not limited to public works improvements: This rpojectwillnotreceiveanyfundingfromtheabovesources. 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development,cessation of growth,deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: dorm ev 1opmo-t 4 t U-r0T is not}ossible bec 0 12 ro ertvvalues in the surrounding neighborhood_ 14. The current use of the property is _vacant land. and the current zoning is SF2 --(use). (This information may be obtained from the Building Department 235.9553) 15. 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): Economically Distressed Census Tracts 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Anne Mani%,Neighborhood Development Associates,LLC,Co-Developer Address 724 W.Washington Street City,State,Zip South Bend,IN 46601 Telephone— 574-288-4369 E-mail Address amannix_nda@gmaflXam WHEREFORE, Petitioner has paid the required fee of$50.00 and requests that the Common Council of the City of South Bend,Indiana,adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. 4oe wner(s): y West Homes,LP te partnersTiip. By o-Developer Ty ped or printed name and capacity) Executive Director,South Bend Heritage Foundation Rev.5/13/11) 2 CITY OF SOUTH BEND,INDIANA REQUIREMENTS FOR ALL PETITIONERS SEEKING SINGLE-FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single-family residential real property tax abatement consideration for development of multiple parcels in the City of South Bend,Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Code and the South Bend Municipal Code must additionally agree to the following: 1. Filine Requirement with the Office of The City Clerk: File with the Office of the City Clerk,4 Floor County-City Building, South Bend,Indiana 46601,prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single- family residential construction where multiple parcels are involved and which is specifically addressed in § 2-77 of the South Bend Municipal Code,the petitioner's written information statement to be given to all individuals inquiring about any parcels in the petitioned area. 2. Required Contents of Information Statement: Said information statement must be on the petitioner's official stationary which lists their business name,street address, city, state and zip code,telephone and facsimile numbers,email address if any,and contact person(s) and which must include the following: Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend,Indiana A map of the development addressed.by the abatement listing the property key number for the parcel in question as well as its street address Verification of the number of years granted by the tax abatement and the month/year the final action was taken by the South Bend Common Council Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated Verification of the petitioner(developer's)duties with regard to the Statement of Benefits form(SB-1) Verification of the proposed property owner(s)' duties with regard to the FORM 322/RE which must be completed and filed by the owner and builder after completion of the home and prior to occupancy,with said form being attached to the Information Statement Rev.5/13/11) 1 4 An attachment of the Confirmatory Resolution which approved the abatement in question Inclusion of contact information, including but not limited to: Department of Community and Economic Development Division of Economic Development 1200 County-City Building South Bend,Indiana 46601 574)235-9371 574)235-9021 Facsimile St.Joseph County Auditor's Office 2nd Floor County-City Building South Bend,Indiana 46601 574 235-9668 574)235-5024 Facsimile Office of the City Clerk 4t'Floor County-City Building South Bend,Indiana 46601 574)235-9221 574)235-9173 Facsimile 3. Required Filing of All Revised Information Statements: Any Information Statements which are revised should be filed with of Office of the City Clerk as soon as practicable by the petitioner/developer and in no event filed later than their first use with prospective property owners in the affected tax abatement area. I,Marco Mariani,the petitioner of record seeking single-family residential development real property tax abatement consideratip for multiple parcels in the City of South Bend,Indiana, for the abatement co n referred to as Historic Lincoln Way West Homehereby ackno 1 the requirements set forth herein and agree to abide y ch condition Signature) Typed Name of R rd Address and Tele e Number of Record o LG Witness Signature W w W-`iA,c. 6 Typed Name and Official Capacity g q31-1 Address and Telephone Number Signed this day of July 2018 Rev.5/13/11) 2 4- Filed €6E Clerk's`,5 ice 20 PAY 20Sr TATEMENT OF BENEFITS M M REAL ESTATE IMPROVEMENTS FORM SBA/Real Prop ertyStateForm51767(13211-07) JULPrescribedbytheDepartmentofLocalGovernmentFiinanceve. s This statement is being completed for real property that qualifies und r the f {tq ah?a-G_od cheer one be ): CIXRedevelopment or rehabilitation of real estate improvements(IC 1-1.1-12 3 ' 'v'I t`t} CEP Eligible vacant building(IC 6-1.1-12.1-4.8) I i 1`1'CITEp#1K,SEl(JT Nr BEI•lp,I_a_J 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 maybe 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-11Real 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 6-1.1-12.14(d)for rehabilitated property and under IC 6-1.1-12.1-4.8(1)for vacant buildings apply to any statementofbenefitsapprovedonorafterJuly1,2000. The schedules effective prior to July 1,2000,shall continue to apply to a statement of benefits filed before July 1,2000. o • Name of taxpayer Historic Lincoln Way West Homes,L.P. Address of taxpayer(numberand street,city,state,and 21P code) 303 Lincoln Way West,South Bend,IN 46616 Name of contact person Telephone number E-mail address Name of designating body Resolution number South Bend Common Council Location of property County DLGF faxing district number see attached list.St.Joseph Description of real property Improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) 5/1/2019 Single family homes with basements and garages Estimated completion date(month,day,year) 5/1/2020 Current number Salaries EMPLOYEES Number retained Salaries Numberaddltional Salaries NOTE:Pursuant to IC 6-1.1-12.1-5.1(d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values 0-14,000 Plus estimated values of proposed project 3,618,418 910,000 Less values of any property being replaced 0- 0 Net estimated values upon completion of project I Estimated solid waste converted(pounds) FEtmted hazardous waste converted(pounds) Other benefits improving the residential fabric of the neighborhood. SECTION 6 TAXPAYER CERTIFICATION I hereby c7edrepres rese t t ons in this statement are true. Signature a e r' Title Dates' ned man ,day,year) TY J Page 1 of 2 C Filed in Clerk's Office Historic Lincoln Way West Homes JUL 0 2 2018 Exhibit A KAREEM/H'OWLEFi Legal Descriptions CITYCI.ERK,SOUTH BEND,IN PARCEL I: Lot Numbered Sixty-five(65)in Mussels Plat, First Addition to the City of South Bend as per plat thereof recorded in Plat Book 8,page 23 in the Office of the Recorder of Saint Joseph County, Indiana,together with the North Half of the vacated alley lying South and adjacent. (902 N.Allen) PARCEL II: Lot Numbered Sixty-two(62)in C.R.Smith's First Subdivision in the City of South Bend as per plat thereof recorded July 2, 1919 in Plat Book 10,page 83 in the Office of the Recorder of Saint Joseph County,Indiana. (1145 Brookfield) PARCEL III: Lot Numbered One Hundred Forty-four(144)in Carmi R.Smith's Second Subdivision, as per plat thereof recorded May 16,1922 in Plat Book 10,page 190 in the Office of the Recorder of Saint Joseph County,Indiana.(1306 Brookfield) PARCEL IV: Lot Numbered One Hundred Twenty-five(125)in Muessel's Second,an Addition to the City of South Bend,as per plat thereof recorded August 14, 1905 in Plat Book 9,page 13 in the Office of the Recorder of Saint Joseph County, Indiana.(914 Cleveland) PARCEL V: Lot Numbered Fifty-two(52)in Augustine's Addition to the City of South Bend,as per plat thereof recorded April 26, 1905 in Plat Book 8,page 194 in the Office of the Recorder of Saint Joseph County,Indiana.(903 College) PARCEL VI: Lot Numbered Fifteen (15)in Jacob Miller's Addition to the City of South Bend as per plat thereof in Plat Book 7,page 53 in the Office of the Recorder of Saint Joseph County, Indiana.(917 Elmer) PARCELVII: Lot Numbered Two Hundred Ninety(290) as shown on the recorded Plat of Mayr's Michigan Avenue Addition to the City of South Bend,as per plat thereof, recorded March 8, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County,Indiana.(1101 N. Elmer St.) PARCEL VIII: Lot Numbered Three Hundred Ten (310)in Mayr's Michigan Avenue Addition to the City of South Bend, Indiana,as per plat thereof recorded March 9, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana.(1229 Elmer) PARCEL IX: Lot Numbered Two Hundred Fifty-six(256) in Mayr's Michigan Avenue Addition to the City of South Bend,as per plat thereof recorded March 8,1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana.(1329 N.Huey) PARCELX: Lot Numbered Sixty-four(64)in Rockhill's First Addition in Portage Township,now within and a part of the City of South Bend as per plat thereof recorded April 9, 1908 in Plat Book 9,page 87 in the Office of the Recorder of Saint Joseph County,Indiana. (1110 N.Johnson) PARCEL XI: Lot Numbered 136 in A.G.Cushing's Sixth Addition to the City of South Bend as per plat thereof recorded June 7,1901 in Plat Book 8,page 28 in the Office of the Recorder of Saint Joseph County, Indiana.(749 Lawndale) PARCEL XII: Lot Numbered 206 in Vassar Park Addition to the City of South Bend,as per plat thereof recorded July 30,1919 in Plat Book 10,page 87 in the Office of the Recorder of Saint Joseph County, Indiana.Together with a right-of-way over the North 4 feet of the East 75 feet of Lot Numbered 205. 913 Lawndale) PARCELXIII: Lot Numbered Three Hundred Forty-nine(349)in Mayr's Michigan Avenue Addition to the City of South Bend as per plat thereof recorded March 8,1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County,Indiana.(1138 Olive) PARCEL XIII: Lot Numbered Eleven (11)as shown on the recorded Plat of John L Taylor's Addition to the City of South Bend,recorded April 9,1924 in Plat Book 11,page 140 in the Office of the Recorder of Saint Joseph County,Indiana. (1530 Van Buren) 1 o l ! 1 -J IQ IqAV_A4pd tv >1 rfl 0 is J!onbojl is-JOI/r J C o Q) 0 is 1103S 1,l Q) D D V > C: a, C 0 6) M (1) hing St x E E co veHMM 0 822C) IRW ui z z z Z z M 0zZZ08 ,z; ix. n M4\ ON UJ Opt M 0 M P,w M 3: .- QJ 0 Allen s JE I AV Gt.11qlPAJO9PlIs IS WlEl U) 0U iEp-Cjid-- veQ) W In tut-LTt---N C-i- Jl-Cf)w 0 77 cu 0 1-LL 1i LL T 1.2 9z 0(o z z uj EF SW V--N L u LI V L E— N-Ilici afield IJ-oFnson*C CD Cf) 0 PEI 0 0 MISAanH U) C: 0) gg k1CCD W:Elmer St 0.--- LL co U) GAIIO N Wolive-S 0 0)0 U) IS IUOLU@Jj Fremont 7 9 Be tL 44 Kaley St D 0 a! r IE g imE=7-,'—Ict esdq03 r---1O-- TD 103 co 119111D c -1 45 (D U) co EE < o0 co Goodlan v U) li ii s I M F&,- A IF] EXHIBIT C 902 N. A I len lookin east k t 1 145 N. Brookfield o 1 EXHIBIT C 1306 N. Brookfield t ar s: c E. 903 N.Colle •• 1229 N. Eliner lookin RAF• ..., r ;l b 1320 Hue lookin west tom EXHIBIT C 1 110 N.Johnson (looking east 749 Lawndale lookin west) t r. EXHIBIT C 913 N. Lawndale •• rse. • r.. v_ 1138 N.Olive r r y , C x mot ' 1 ,rs,'tsJ '•K V s r b•L;4 ' c Poi.. x r r,,:Y,•y ' y f i 0 0 0 0 0 o o 0 0 0 0 0 0 0 n 0 N m d CA 00 O N cf N O V O 00 00 O O N 00 d O N N lD 00 1Y N O 00 00 m m lD O di Ql Ul n 'zt Ln N d' r-i M M lD 00 ri M N m N r-i N to Ln m lD CD O Ql O Zo 111 ct m Ln lD to N ill d' a-1 r-1 M N IN ill t/1 i!1 t/1 Ln ill i/1 ill -L1 -ln ill ill ill ill 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w o 0 0 0 0 0 0 0 0 0 0 o 0 0 3 a--1 M M M M M 01 M d' t, N MM r-1 N I- M r-1 rl r-I' e-I c-I r-I c-I N N a-1 N r-I lD vNH41N o i!) ill i!? il} i/} i/1 VL i! i!} yam- {/)• ih i/} i/F i/} J O O O O C: o O C C 41 d -6 O Q y . 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O -gyp -D aJ 3 o o °' b v v c c c v CO au YCJ v cooa o E o O O Z N Q m m U U W W Z J J O > W V a L Z Z Z Z Z Z Z Z Z Z Z Z Z U N Ln lD zT m m r- m O m m m O O .-I O N r-I N e-i C)• r-I M m O M r-i O _1-1 r-i r-I r-i r-i t\ r-i r-i r-iY N V) +., 1-1 N m d LO Lo r- W Ol o e-i N m d LF c,e CITYIaeS I M CITY OF SOUTHBEND COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR July 2,2018 Council Member Gavin Ferlic,Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend,IN 46601 RE:Multifamily Real Property Tax Abatement Petition for: Historic Lincoln Way West Homes,L.P. Dear Council Member Ferlic: Please find the attached information pertaining to a real property tax abatement petition submitted by Lincoln Way West Homes,L.P.to renovate a former brewery building located at 1636 Lincoln Way West Street, South Bend. The building will be converted to a residential structure with 22 apartments and common spaces for resident use.This petition package includes: Department of Community Investment's summary report Petition Statement of Benefits form Supporting information. The report contains the Department's findings relative to the above petition. The petitioner proposes to renovate the building with estimated cost of$6,404,000. The project meets the qualifications for a(10) ten-year multifamily property tax abatement and a representative from Historic Lincoln Way West Homes, L.P.will be available to meet with the Committee on Monday,July 9,2018. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5823. Since el , Danie Buckenmeyer Director Business Development DANIELJ.BUCKENxIEYER ALKEYNA ALDRIDGE PAMELA MEYER TAI CORCORAN BUSINESS DEVELOPMENT ENGAGEMEN r&ECONOMIC Dapo ERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COM,b[UNrrY RESOuRCES EXCELLENCE i ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 1400S County-City Building i 227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.93711 www.southbendin.gov I y BILL NO. 18-30 Filed in Clerk's Office JUL 0 3 20113 BILL NO. 18-30 KAREEMAH FOWLER RESOLUTION NO. CITY CLERK,SOUTH BEND,IN 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 SOUTH BEND BREWERY PLACE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR Historic Lincoln Way West Homes, LP WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1636 Lincoln Way West, South Bend, IN 46628 and which is more particularly described as: A part of the North Half of the Northeast Quarter of the Southeast Quarter of Section 3, Township 37 North, Range 2 East, now within and a part of the City of South Bend, which part is bounded by a line running as follows: Beginning at the intersection of the East line of College Street with the Southerly line of Lincolnway West (formerly Michigan Avenue) in the City of South Bend, thence running South 67 1/2 degrees East with the Southerly line of Lincolnway West, a distance of 411.6 feet, more or less to the - Northwest corner of a tract of land formerly owned by Herman Huffman; thence South parallel with the East line of said Section 3 to the North line of Rupel Street; thence West with the North line of Rupel Street to the intersection of said North line of Rupel Street with the East line of College Street; thence North with said East line of College Street, to the place of beginning, excepting therefrom the right of way across said tract occupied by the Indiana, Illinois and Iowa Railway Company, a branch of the New York Central Lines, and excepting therefrom the following described tract: Beginning at the intersection of the South line of Lincolnway West (formerly Michigan Avenue) with the East line of the right of way of the Indiana, Illinois and Iowa Railway Company, a branch of the New York Central lines, which point is 329.3 feet South 67 1/2 degrees East of the point of intersection of the East line of College Street with the Southerly line of Lincolnway West, thence running South 67 1/2 degrees East with the Southerly line of said Lincolnway West a distance of 81.4 feet, more or less, to the Northwest corner of a tract of land conveyed to Herman Hoffman by Jonathan P. Creed and Lucretia M. Creed, by deed dated December 2, 1896 and recorded in Deed Record 102, pages 560-1, Recorder's Office of St. Joseph County, Indiana; thence South parallel with the East line of said Section 3, 173.2 feet, more or less to the North line of Rupel Street, thence West along the North line of Rupe 1 Street 215.29 feet, more or less to the East line of said right of way of Indiana, Illinois and Iowa Railway Company, thence Northeasterly along the Easterly line of said right of way 247 feet, more or less, to the place of beginning. and which has Key Numbers 018-2018-0536 be designated as an Economic Revitalization 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,petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et Seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable 2 for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to three (3) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(10) ten years as shown below. Year 1 — 100% Year 2 - 100% Year 3 - 100% Year 4— 100% Year 5 — 100% Year 6—95% Year 7—95% Year 8—95% Year 9—90% Year 10—90% 3 SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council 4 TAXABATEMIENT REPORT TO: South Bend Common Council FROM:Daniel Buckenmeyer,Director of Business Development SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Historic Lincoln Way West Homes,L.P. DATE:July 3,2018 On Monday, July 2, 2018, a petition from Historic Lincoln Way West Homes, L.P. was received and subsequently filed with the City Clerk for real property tax abatement consideration for property located at 1636 Lincoln Way West Street, South Bend,IN 46628. Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition(a copy of which is attached),investigated the area,and makes the following report. PROJECT SUMMARY Estimated $6,404,000 renovation of a former brewery building which is currently being used for an antique store and glass repair facility. The building will be converted to a residential structure with 22 apartments and common spaces for resident use. This project will result in the improvement of a blighted structure that is located on a major artery that leads from the airport to downtown South Bend. All apartments will be available for use by low and moderate income individuals and families for the duration of the abatement Estimated total taxes on the renovated building during the ten (10) year abatement period—$664,520 Estimated taxes being abated during the ten(10)year abatement period—$537,578 Estimated taxes to be paid during the ten(10)year abatement period—$126,942 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: Create 1 permanent,full-time jobs within three years,representing a new estimate annual payroll of$40,000 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(10)ten-year real property tax abatement under section 2-84.2,Real Property Tax Abatement. City of South fiend UT eFS Petition-forI-ncentives QQ Petition must Include a$250 filing fee payable to the fifty,Clerk's Of/ice or oil%tne v1ri the City'ss we6sHJ 411 http.11southbendln gov/govemment/content/tax-obatement:before processing epn be complete Gelareal r%onailo! Y y proJecENarne. Historic LWW Homes l?rgjectJ h r_j=kAAH O Le'al name as registered with Secretary of Historic Lincoln Way West Homes, L.P. cLEfiK,S ' "1` Inessstructure a to-be-formed limited partnership Gompanywehsrte www.sbheritage.org ron5edp ) ctl jfgrrnalXt.rl.r..>...i-i_. _ h`¢.wi : r t `.` •:" 'S'.`.`w.µ a Proposed project address 1636 Lincoln Way West P e" -y--"an'e South Bend Heritage Foundation pty,State zip South Bend,IN 46628 l,or.wng. Ethel Anderson Sfte d'creage or.acreage required 3 acres is the real estate'ow"ed orOwned 7.28,858 Sq. ft. Ifleasedbywho SyuarefeatoffadlEry - Y rn NA pO 2Gt tilDrLrr a ' r' , 3 j' ' r"t•-!_:"2.. i. .. g :?.1;i,`.:,',.r'+ ',3- a•, , E s-?_-:s5,.'.r,...a - - - :.: r l,e_.,.4_.r .ke ,f- a.;•F'. T .E+'tlL... ot.'Primary company contact name fie`Anne Mannix Co- Developer Address ofeompanycontaa Phope:--724 W.Washington 574-288- 4369 GtY,5tatei Zip. .. Email•South Bend,IN 46601 amannix.nda @gmaiLcom Jp ffl4r+al nfo m_allon s°" t rjs 1011111 a ' Company senior offidal- name - 4 Marco Mariani Title- Co-Developer, Executive Director Ai dress of company contact(if different fromphone803LincolnWay West 289- 1066 City]State,Zip Email.'..;South Bend,IN 46616 marcomariani @sbheritage. org nstah"t Ififf1m Hired.business consultantlagent name Consultant release(Y/f) 1.Address Leal economic cidiMcipment' partners r6val' pClty'r,,State{ZiP:, Emall - --R;i ,,§ ai a_ Brief description of your -cam0ani piojecF andvuhythe This property is a former brewery which is currently being used for an property.kaecessaryfor antique store and a glass repair facility. The building will be converted econnmicgrowtEr: to a residential structure with 22 apartments and common spaces for resident use. This project will result in the improvement of a blighted structure that is located on a major artery that leads from the airport to downtown South Bend.Certifled Technology Park appropriate NA I;theprojectInaTax Incremental.Financing, Yes Certify that the BuilditPermfthasnotbeenbei!o res{d Pt by No permit issued 22 Ifthls Is a petitionfor personal propertytax abatement, has NA the 1 mentbeeninstalled It esttper} Egtails Public infrastructuierieeds(Off- Has any 544 funding been Whati sthe value of any equfpment being purchased In What is the valueofanviWipmembeing site of project Indallars) received? btdlanafortheproject? purchased from'outafstatefor the project?0- No 0- New Rroect-loves#ments GalendarY.ear, 016 2037 . 2D18 .2019 <' 2020 " 2021= 2022 2023 Land Acquisition 12,000 Building Lease Payments Building Purchase Costs 112,500 New Building Construction Existing Building Improvements 4,269,333 $2,134,667 New Machinery&Equipment special Tooling/Retooling New Furniture/Fixtures 80,000 New Computer/Ir Hardware _ New Software On-site Rail Infrastructure On-site Fiber Infrastructure 7`07AL Full_Time Permanent lndranaResrderrEosdlons kty Calendar Year Calendar Year ~.Jobsretained Total hourly=_- :eumulat'vetl ofinet NEW full time `Hourly averagewage,wlo Total training To tall#to be permanentiohscreatedatprojecc benefits-orb'onuses,of- expenditure-- trained-not fIige or cumulative net new jobs- not cumulative bonuses cumulative' 2016 zoii 2018,' 2019 23 2020 ozi - Z622 -- _ 2023 ,>.. 2024 2025 = 2026 . 2027 rflp; etourSywage fiormattonfor new:einployees in the following positions. Fulltime.J-- —- Part time Laborers Technical Managerial - - Administrative Who,will beffiTe m rvn ua respoialsible tor coordinating with WorkOne on recruiting? - - Does your company have an EEO hiring poliey7 Are you an EEO employer? - PleaseLstthenumberoffulltimeand'parttrrnemmorityand/orfeinaheemployeesforeac iof Plea:edesvmeyourcommitmmtto s s -x-the last thf8e years r- _ tr diversity and inclusion by detailing your outreach-and recruitment eff"for the last tHispinic ar 2017 2017 2017 three years as well as current policies. Fu111ime. 'Part Time- FullTmre' PartTirrm.e Full Time PartTrme- an Indian Female ggg Other i riC pnp7etebelow folrReal mo Proet#ix m ntxo l { i x ayt r = PI ases e esed'Ir t e;, '" F 1h t 'S ___,s.*? f F uti,,.d.. .r}z4,.ri(r, ;a`•sc...c:7%._..1.a.- i..-i3.s t ..::Ila Public Benefit Item Information is required ori`tioth the;construction tompanies'and the companieswhich will provide materials purchased forxhis prnlect.Qualify. Please complete the-table below with'the appropriate mformatinn if Earrfed Points Available"Paints" yes ar No) you qualify forrthe points;please enter-the:full amount 6611ailatile points:, 1 Construction Related(Contractors) - " A. Employ LOcal Companies(75%) Yes 20 20 B: Purchase Materials from1o,cal Co10panies:(75%): Yes 20 20 C. i Require Erpployees vs.Independe 1t9yj ractors;. 19 0, Reijulre Prevalhng Wage(Davis Bacon) 22 E. Require Health Benefits: 22 F: Regulre Pension Benefits 18 G. M@IntaJn Affirmative A:ctiar Pian_ Yes 20 20 Subtotal Coristructian Related:..; 60 141 2 Wage&Benefit.RelatedlQu+ned A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits 29 r` Yes 28 28D. provideTraining. E. Piovlde Child Care 15 F: Provide TransportatlonAssistance 14 G. Provide Employer Assisted Housing'program 9 Sub-total Wage&Benefit Related,- 95 162 3 Nlorkforce Related A: Create New Jobs,Yes 42 42 B Retain ExistingJobs Yes ai C., Maintain Affirmative is 35 D. Provide Targeted:HlringPreferenc.e 34 ub-total W"Bkforceelated 83 152 4 Suoport a Munidaal Facility suppomasBMunicipa i'Facility(cfari tidrf tiithe_: A. Yes 84 84loo,conseniatory,museum etcr).;_ Namebf Facility-.-L3r Sub-totalWunicipal`facility ea 84 Sub-total from Above: 539 Tfie undersigned owners)of real prope , owted withirrihe city of South"Bend'herby petition the-Common Council of the'City of South Bend for areal and/or persona r0 r.t --abatement:consideration and pursuant to I C. 671.1-12.1-1,et sea.,and So h Bend Mu cl a Cod e,S ee,2 76.et.seg•for this petition stet th 'above. GvFib}T 4h ourelitast} 9ssh 78,200 Ma1pr4 PpI;R<r3 _t.k.. Mai 20,000$990,00e at tskhesa,cueerrumbe?(or 018-2018-0536 IlYhatSatheslii"d f c6d8t'?" ' PJmsflgttddra nagle-m$p-an8tvigwc€tiie=ocatTcn'`.?r x ' Attached. Pl easelfsttheamounrealaKd:Pgfm e P aP? ' Real ioperTyYaxern Tex af forthelast#fvey_:.a.-.- •{ -...}.` T:I`--?'.c..d-,.'.f :r' t'-av-a.-;;,,- *- Fes"•`=,¢2.} a rtanonesl gac .. sr bs,3H iS.,Z.'iF`k.' r4fs•'-' 0 0 NY i'.ri`'?f.*clS;yS::-`:i::k:.r: y`.. ditib2h:RJ•yi...[€ Q O- a fiti ` qy,, 4- AYatl`+ i ed .wt Se311 11 OW•'kY„UO S tnma rm D n ddtoto2a _.m,FEW ME D 229.now J2?G"(+"+'F ;c.!•;`"- r: •rta4x` ls'> xrx..,'Yxnst s.+.+e iKr t-. Ytx?Ii jc#e. Hs;`s}. -- edQe o aazSped eeds r_> Yes 49 g Dgveld .. s 'DnBeMB Yes 36 RB13te 120 a 85 tiw, .-f•:.:earva.p;?^6'r i7K#?! t6''t .F, f,:'ItA 6'-:,t:,-,:u G= .'Pf0- in=VeinesaYe 4nirtlilfatfue _- p 68 y:aas;rvaX,ir:;r?r ty->ra-z.ciY=.s H'-;• ",2 t t 65 RPM 7 r+'_ ' Sltl '•i:' 210 Gusar PSystot r7Nnidpa'lofra3trLCture..e, t P t TICsArrfiorsP.BPd ng5 a4 ... z 14Rr M5,0"' 26otExSerisdBP3a'': 39 s 131 s• Y - - `t-x s urxA;•_,' r - _ 7 +S:k`:'>'_` 85 53997otadnm.nPPISeclon: . _;.r:}r 8^ k :i;A'. 461a'• F;, T • J lir!t•?a Tl.:4--5.::;:k1:7 5^•` nd'roi:.3;?t +' u;;.?,?;;i:'7 •"•.:z'G-:,- i-i 1000TotalPRceirefitPoi Oad in Clerk's Off lea STATEMENT OF BENEFITS 20 PAY 20_ REAL ESTATE IMPROVEMENTS State Form 51767(R6 I i 0-14) FORM SB-1 f Real Pfopefty Prescribed by the Department of Local Government Finance iI PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Inldiatlta Fd'd4 eh7h 1fiAtskj I Any information conceming the cost Redevelopment or rehabilitation of real estate Improvements IC li 1.1-12. t E { of the properly and specific salaries p Pr Tii C {, } I iND,Ct i paid to individual employees by the Residentially distressed area(1C 6 1.1-12.1-4,1)property owner is con Fldentiai pery IC 6-1.1-12.1-5.1. 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 orrehabilitation ofreal property for which the person wishes to claim a deduction.2. The statement ofbenefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 3221REmust be filed with the County Audiforbefore May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed afierApol 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year 4. A property owner who files for the deduction must provide the CountyAud(torand designating body with a Form CF-I/Real Property. The Form CF-1/RealPropertyshouldbeattachedtotheForm3221REwhenthedeductionisfirstclaimedandthenupdatedannuallyforeachyearthedeductionisapplicable. IC 6-1.1-12.1-5.1(b) 5. For a Form 3B-11Real Property that is approved after June 30,2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect. iC 6-1.1-12.1-17 SECTION Name of taxpayer Historic Lincoln Way West Homes, L.P. (a to be formed limited partnership) Address of taxpayer(numberand street city stale,and ZIP code) 803 Lincoln Way West,South Bend, IN 46616 Name of contact person Telephone number E-mail address 322 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name ofdesignating body Resolution number Location of property County DLGF taxing district number 0 Description of real property improvements,redevelopment,or rehabilitation(use additional sheets ifnecessary) Estimated start date( onth day,year) 5/1/2019 Conversion of a former brewery building into 22 residential apartments. Estimated completion date(month day,yeah 5/1/2020 Curcant number Salaries Number retained Salaries Number additional Salaries No permit issued 1 40,000 REAL ESTATE IMPROVEMENTS COST ASSESSEDVALUE Currentvalues 1$ 125,000 120,600 Plus estimated values ofproposed project 1$6,404,000 1,430,000 Less values of any property being replaced 0- 0- Net estimated values upon completion of project S6,529,000 1,550 600 Estimated solid waste converted(pounds)Estimated hazardous waste converted(pounds) Other benefits Improvement of a deteriorated property on a major arterial road that leads from the airport to downtown South Bend. TAXPAYER CERTIFICATINSECTION I hereby •itify that th re sNnt tions in this statement are true. Signature a re s fa a Date signed(month,day,year) July 2,2018 Printed name c authorized rqtlfa v d'J\'7 Title IMarcoMariani,Exe utl a Director Executive Director Page 1 of 2 FOR USE 6F THE 4ESIGNATING_.. We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6.1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years'(see below). The date this designation expires Is B. The type of deduction that Is allowed In the designated area is limited to: 1.Redevelopment or rehabilitation of real estate Improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(spec fy) 1= Number ofyears allowed: Year 1 Year 2 Year 3 Year 4 Year 6 (*see below) Year 6 Year 7 Year 8 Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-171 Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. 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 We ofauthwized member ofdaslgnat0g,body) Telephone number Dale signed(month,day,year) Printed name of authorized member of destgnating body Name of designating body Attested by(signature and tale ofattester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that Rmftatlon does not Ilmft the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SBA/Real Property was approved prior to July 1,2013,the deductions established In IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(6)years. For a Form SB-1/Real Property that Is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1.1-121-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1lReal Property was approve¢pdor.to_July 1,2013,the abatement schedule approved by the designating body remains in effect For a Form SB-ifReal Property that is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sea 17.(a)Adesignating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.6 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's Investment in real and personal property. 2) The ntunber of new fuli-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The Infrastructure requirements for the taxpayer's investment. b) This s ibsectlon applies to a statement of benefits approved after June 30,2013. Adesignating body shall establlsh an abatement schedule for each deduction allowed under this chapter. An abatement sdredule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resohrtion approving the taxpayer's statement of benefits. Page 2 of 2 EXHIBIT"A" A part of the North Half of the Northeast Quarter of the Southeast Quarter of Section 3,Township 37 North,Range 2 East,now within and a part of the City of South Bend,which part is bounded by a line running as follows: Beginning at the intersection of the East line of College Street with the Southerly line of Lincolnway West(formerly Michigan Avenue)in the City of South Bend,thence running South 67112 degrees East with the Southerly line of Lincolnway West,a distance of 411.6 feet,more or less to the- Northwest comer of a tract of land formerly owned by Herman Huffman;thence South parallel with the East line of said Section 3 to the North line of Rupel Street;thence West with the North line of Rupel Street to the intersection of said North line of Rupel Street with the East line of College Street;thence North with said East line of College Street,to the place of beginning,excepting therefrom the right of way across said tract occupied by the Indiana,Illinois and Iowa Railway Company,a branch of the New York Central Lines,and excepting therefrom the following described tract: Beginning at the intersection of the South line of Lincolnway West(formerly Michigan Avenue)with the East line of the right of way of the Indiana, Illinois and Iowa Railway Company,a branch of the New York Central lines,which point is 329.3 feet South 67112 degrees East of the point of intersection of the East line of College Street with the Southerly line of Lincolnway West,thence running South 67112 degrees East with the Southerly line of said Lincolnway West a distance of 81.4 feet,more or less,to the Northwest comer of a tract of land conveyed to Herman Hoffman by Jonathan P.Creed and Lucretia M.Creed,by deed dated December 2,1896 and recorded in Deed Record 102,pages 560-1,Recorder's Office of St.Joseph County,Indiana;thence South parallel with the East line of said Section 3,173.2 feet,more or less to the North line of Rupel Street, thence West along the North line of Rupel Street 215.29 feet,more or less to the East line of said right of way of Indiana,Illinois and Iowa Railway Company,thence Northeasterly along the Easterly line of said right of way 247 feet,more or less,to the place of beginning. Property Address Reference:1636 Lincolnway West,South Bend,IN 46628 Fired in Clerks ffiIDJUL022019 REE10AH FO>/LERGtTyGLERK,SOUTH BE,IV INI ORT Form 4690 A&1-16 Schad&A Page ALTA Comm1herd for Title Insurance Flle No.17-366933 a If it l - fit , 1 t f r' at y. r>', 9• r ' \ it e cam :, I n i l y' r•, t,_. r -: I 1 a 7 v Qt. anti lw (t CL d U Fr is i t ti s 2P a I I is 1 I r I y I I I OUT" .City of South Bend 574) 235- 9321 Fax (574) 235-9173 U W eEncs ai Common Council TDD 574 235-5567 http://wAvw.southbendin.gov 441 Counts-City Building • 227 W. Jefferson Blvd r South Bend, Indiana 46601r` 1865 Tim Scott July 3, 2018 President Oliver Davis Vice-President South Bend Common Council 4th Floor, County-City Building Gavin Ferlic South Bend, IN 46601 Chairperson, Committee of the\X'hole Re: Amendment to South Bend Synthetic Drug Ordinance, §13-75.5(c)(6) Tun Scott First District Dear Council Members: Regina Williams-Preston We are filing the attached proposed text amendment to the disorderly house Second District ordinance and the prohibition of dealing certain substances including synthetic Sharon L. McBride drugs and synthetic drug lookalikes. The nature and chemical composition of Third District synthetic drugs and synthetic drug lookalike substances are constantly changing, requiring the Indiana Legislature to continually amend and update various Jo M. Broden definitions of these substances.The purpose of this amendment is to update the Fourth District ordinance to be in conformity with recent statutory amendments, many of which Jake Teshka became effective July 1, 2018. Fifth District Oliver DavisOiv District We would like first reading on the proposed amendment for July 9, 2018, with second and third readings and public hearing scheduled for July 23, 2018. Gavin Ferlic At Large John Voorde Thank you for your consideration. At Large Karen\X'hite At Large Sincerely Yours, Tim Scott, President Karen L. White South end Common Council, South'86nd Common Council, At-Large District 1 BILL NO. 31-18 BILL NO. 31-18 ORDINANCE NO. _ ________ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING §13-75.5(O)(6) OF CHAPTER 13, ARTICLE 5 OF THE SOUTH BEND MUNICPAL CODE PERTAINING TO DISORDERLY HOUSES AND PROHIBITING DEALING IN MARIJUANA, HASH OIL, HASHISH, SALVIA, SYNTHETIC DRUGS AND SYNTHETIC DRUG LOOKALIKE SUBSTANCES STATEMENT OF PURPOSE AND INTENT The South Bend Municipal Code prohibits various conduct which would constitute a disorderly house. The prohibited conduct includes, among other things, dealing with substances including synthetic drugs or synthetic drug lookalike substances. The current ordinance refers to State statutes in defining violations. The purpose of this amendment is to conform with recent amendments to State statutes defining synthetic drugs and synthetic drug lookalike substances. The amendment also eliminates reference to I.C. 16-42-28.6 et seq. because those statutes have been repealed. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 13, Article 5, is amended to replace Section13-75.5(o)(6) with the following: (6) Dealing in marijuana, hash oil, hashish, salvia, a synthetic drug, as defined by IC 35-31.5- 2-321 or IC 25-26-13-4.1 as those statutes are from time to time amended, or a synthetic drug lookalike substance, as defined in IC 35-31.5-2-321.5 as from time to time amended, in violation of IC 35-48-4-4.5, 35-48-4-4.6, 35-48-4-5, IC 35-48-4-10, or IC 35-48-4-11.5. The distribution of low THC hemp extract in full compliance with IC 24-4-21-1 et seq. is excluded from this subpart. SECTION II. This Ordinance shall take effect upon passage by this Common Council, approval by the Mayor, and any publication required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this __________ day of ____________________, 2018. Tim Scott, Council President South Bend Common Council Attest: ________________________________ Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the _______ day of ____________________, 2018, at _______ o’clock ___. m. __________________________________________ Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the ______ day of _____________, 2018, at ___ o’clock ___.m. __________________________________________ Pete Buttigieg, Mayor City of South Bend, Indiana 1200N COUNTY-CITY BUILDING 227 W. JEFFERSON BL VD. SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-7678 FAX 574/ 235-9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 3, 2018 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Filed in Clerk's Office JUL O 3 _ZD18 KAREEMAH FOWL.ER CITY CLERK, SOUTH BEND, IN Re: 2018 Non-Bargaining Employee and Officer Salary Ordinance-Amended for AmeriCorps Grant Positions Dear President Scott: Enclosed please find the amended 2018 Non-Bargaining Employee and Officer Salary Ordinance. The amended ordinance requests two (2) new positions relating to the recently awarded AmeriCorps Grant for which these positions will be responsible for administering and overseeing the day to day operations. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on July 9, 2018, with 2nd reading, public hearing and 3rd reading scheduled for July 23, 2018. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Jennifer C. Hockenhull City Controller BILL NO. 32-18 Filed in Clerk's Office Bill NO. 32-18 JUL U 3 2018 ORDINANCE NO. REEMAH rb LER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10546-17 BY ADDING NEW SALARIED AND WAGE POSITIONS TO THE ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2018 STATEMENT OF PURPOSE AND INTENT On October 23, 2017 this Council passed Ordinance No. 10546-17, signed by the Mayor on October 24, 2017 which fixed maximum salaries and wages of appointed officers and non- bargaining employees of the City of South Bend for the calendar year 2018. Since the enactment of Ordinance No. 10546-17,the City's executive has notified this Council that new circumstances have occurred which did not exist in October 2017 necessitating the addition of new job positions to the referenced attachment to Ordinance No. 10546-17. That attachment consists of a list by title of all non-bargaining City employees and their maximum salaries. Among the change in circumstances is the award of an AmeriCorps Grant for program year 2018/2019 for which 2 full time positions are required to manage the program. The grant will cover up to 66% of the wages and expenses of the program. The new positions established in this Ordinance are the following: Program Manager— AmeriCorps and Manager—Operations—AmeriCorps as set out in Exhibit A to Ordinance No. 10546-17. Fund No. 101 (General Fund) is the source of funding for the newly added salaried positions. These employee positions are fully covered by the City's 2018 Budget and its appropriation for wages and salaries of non-bargaining City employees during fiscal year 2018. NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No. 10546-17 is hereby amended to include the wage and salaried employee positions set forth in the amended attachment to Ordinance No. 10546-17 incorporated herein as Attachment"A." The newly created employee positions are highlighted in yellow for ease of identification. SECTION II. All other portions and sections of Ordinance No. 10546-17 are unaffected by this amendment and are reconfirmed. SECTION III. From and after its passage by the Common Council and approval by the Mayor, this ordinance shall take full effect on July 23, 2018 Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana