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HomeMy WebLinkAbout07-23-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JULY 23 , 2012 7 : 00 P.M. 1 . INVOCATION - REV. TONY SLAGLE 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB--COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 12-64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING AL "BUDDY" KIRSITS FOR AN EXEMPLARY PUBLIC SERVICE CAREER OF 32 YEARS OF DEDICATED SERVICE ON THE SOUTH BEND FIRE DEPARTMENT AND 12 YEARS OF IMPECCABLE SERVICE ON THE SOUTH BEND COMMON COUNCIL., 6 . REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 29-m12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET FROM MADISON STREET NORTH TO THE FIRST EAST/WEST ALLEY AND THE FIRST EAST/WEST ALLEY NORTH OF MADISON STREET BEGINNING 6 FEET WEST OF THE FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST MICHIGAN STREET RIGHT-OF-WAY 31-12 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET FROM HILL STREET WEST TO THE FIRST NORTH/SOUTH ALLEY 19-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9 , ADMINISTRATION, SECTION 21-09 . 05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION (h) COMBINED PUBLIC HEARING PROCEDURE 30-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $100, 000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 26-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10119-11 FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS 20-12 PUBLIC HEARING ON A BILL OF THE COLON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 , ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125 . 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION 21-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS 24-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 , ARTICLE 6 ADDRESSING AIR POLLUTION CONTROL OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 13-76 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACE 8 . BILLS, THIRD READING TIME: BILL NO. 29-12 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET FROM MADISON STREET NORTH TO THE FIRST EAST/WEST ALLEY AND THE FIRST EAST/WEST ALLEY NORTH OF MADISON STREET BEGINNING 6 FEET WEST OF THE FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST MICHIGAN STREET RIGHT-OF-WAY 31-12 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET FROM HILL STREET WEST TO THE FIRST NORTH/SOUTH ALLEY 19-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9 , ADMINISTRATION, SECTION 21-09 . 05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION (h) COMBINED PUBLIC HEARING PROCEDURE 30-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $100, 000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP AC'T'IVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND ##610 IN 2012 26--12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10119-11 FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS 20-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 , ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125 . 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PRO'T'ECTION 21-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS 24-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 , ARTICLE 6 ADDRESSING AIR POLLUTION CON'T'ROL OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 13-76 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES 9 . RESOLUTIONS BILL NO. 12-54 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 508 & 512 WEST COLFAX AVENUE, SOUTH BEND, INDIANA 12--62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 DYLAN DRIVE AN ECONOMIC REVI'T'ALIZATION AREA FOR PURPOSES OF UP TO A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR AMERIPLEX SUPERIOR PARTNERS, L. P. 10 . BILLS, FIRST READING BILL NO. 32-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT N0, 4 IN THE CITY OF SOUTH BEND, INDIANA 33-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE RIGHT- OF-WAY WEST OF 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 34-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 709/711 LINCOLN WAY EAST, SOUTH BEND, COUNCILMANIC DISTRICT NO . 2 IN THE CITY OF SOUTH BEND, INDIANA 35-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE AVON THEATRE AND LOCATED AT 307 SOUTH MICHIGAN, IN THE CITY OF SOUTH BEND, INDIANA 36-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 1, SECTION 6-4 . 1 (4) OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FIRE DEPARTMENT COMMERCIAL PLAN REVIEW FEES 11 . UNFINISHED BUSINESS 12 . NEW BUSINESS A. BILL NO 12--63 - CONFIRMING TAX ABATEMENT FOR THE TIRE RACK, NEEDS TO BE SET FOR THE MEETING OF 8/13/12 B. REPORT FROM THE AREA PLAN COMMISSION 1 . BILL 22-12 - REZONING - 801 HILL ST. & 505 KALORAMA St . 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. P6 _ ORDINANCE NO, AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first North/South alley West of Michigan Street from Madison Street North to the first East/West alley and the first EastlWest alley North of Madison Street beginning 6 feet West of the first North-South alley West of Michigan Street to the West Michigan Street right of way. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first alley to be vacated is the first North/South alley West of Michigan Street from Madison Street North to the first East/West alley for a distance of 198 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley North of Madison Street beginning 6 feet West of the first North-South alley West of Michigan Street at a point on the East line said East/West alley that was vacated under Ordinance#7102-82; thence East from that point to the West Michigan Street right of way for a distance of 185 feet and a width of 14 feet. Both alleys are a part of the Original Town, now City of South Bend, Portage Township, St, Joseph County, Indiana, hereby determines that it is desirable to vacate said property. SECTION 11. The City of South Bend hereby reserves the rights and casements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 159 through 166 inclusive of the Original Town, now City of South Bend. Section IV. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Col cil Attest: x.«ifuaaii and City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock in. Mayor, City of South Bend, Indiana < t � ile ��J <r'l NOT APPROVED gRRED PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: June 21,2012 OF TRIG CITY OT SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first Noilh/South alley West of Michigan Street frown Madison Street North to the first East/West alley and the First East/West alley North of Madison Street beginning 6 feet West of the First North-South alley Wcst of Michigan Street to the West Michigan Street right of way. B. THE STREET DESCRIBED AS: N/A NA 1 (signed & printed) ADDRESS LOT# 615 N. Michigan Street, South Bend, Indiana 159-161 & .Leff Costello, Chief Financial Officer 163-166 Beacon Health System Signature Printed Name and Title Signature Printed Name and Title CONTACT PERSON (S) NAME: James Lietzan RE'T'URN TO: OFFICE OF THE CITY CLERK ADDRESS: 2211 E. Jefferson Blvd. JOHN VOORDE,CITY CLERK South Bend, IN 46615 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574.235-9221 PHONE: 574-236-4400 Clerkys jug- Cfry'=4 g MARION STREET 18-1004-0143 H W 18-1003--0093 185' 14' 14' 18-1004-0144.01 8' 165' R150.0' tD 18-1003-0094 U ±o �..� f0 18-1003-0093 to W 18-1003-0088 18-1004-0148 18-1003-0092 14' MADISON STREET s 18-1003-0100 18-1003-01f2 0 I 00 18-1003-0102 LEGAL DESCRIPTION: The first alley to be vacated is the first North/South alley West of Michigan Street from Madison Street North to the first East/Nest alley for a distance of 198 feet and a width of 14 feet, The second alley to be vacated is the first East/West alley North of Madison Street beginning 6 feet West of the first North—South alley West of Michigan Street at a point on the East line said East/West alley that was vacated under Ordinance #7102-82; thence East from that point to the West Michigan Street right of way for a distance of 185 feet and a width of 14 feet. Both alleys are a port of the Original Town, now City of South Bend, portage Township, St. Joseph County, Indiana. a o a o '°^ — 2 Z z 2 z ,X 2 2 a 2 vi b m O ff� V z S z i a 9 °^ .mac ° a a o O 2 a a a a a a d Z v� m a u u ? x x z z a a _ w m m z z o m cg r ? i z z G x z o 7 v� cn a 0 o n 32 w w a Q C, R a a a a s a h �' m x x p o w a o 0 0 0 0 o u u z z >u a i5 ci c ] we Z � m 444 a v m � m o 0 � U N 3 N N 9 F n G . p L po 4 N L � � N m �? tlt O s m m 4 n O n 3 eo c ° ° in ry � o o o n$ a v o ^' c ✓� c ti c e m v gvi R oa o o° o° S oRo 4 Y H w m M m m m m m � o n o 0 0 O � 0 0 p o a o 4 0 0 0 n n n n n n n n C rRn m q c ris M ' R ti H- N O O ❑ O O O O O O 'O A m BEACON Ff HEALTH SY TAM Men-miial Ffospit it «f Sofflil 13(,11e1 June 22, 2012 Mr. John Voorde, City Clerk City of South Bend County-City Building/Room 455 227 W. Jefferson Blvd. South Betid, IN 46601 Re: Alley Vacation City of South Bend, Indiana Dear Mr. Voorde: I am requesting the vacation of a portion of two alleys lying between Madison Street and Marion Street and Main Street and Michigan Street lying within the City of South Bend, Indiana as representative of the Beacon Health System. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. It is in the interest of the City of South Bend and the Beacon Health System to vacate this property. Based on these reasons,I hope that you will grant my request. Thank you for your consideration,and if you have any questions please feel free to give rile a call. Very truly yours, n Jeff Costello, Chief Financial Officer Beacon Health System I()� lE 'VOORPS MY.� 13x6 COUNTY-CITY BDII.DING 574/135-9251 2.27 WJEPPERSON BOUIS..VARx) X 574 235-917x � `\ P E�i $AUTIr BEND, IrvDInl�n 466aI-z830 AC �r "�K•�� I865 CTy of Soum BEND Pf,-m BU r]GIEG, MAYOR BOARD OF PUBLIC WORKS v June 26, 2012 ....._.._...,_.._._ .. ., ..._ . Mr. Jim Litzen DLZ Indiana, LLC . .�..__. ..__.._.. . .f 2211 East Jefferson Boulevard eft � s..I South Bend, Indiana 45615 RE: Alley Vacation—The East Half of the East/West Alley and die.South Half of the North/South Ailey of the Block surrounded by Madison, Main, Michigan and Marion—Development of Parking Lot (Preliminary Review) Dear Mr. Litzen: The Board of Public Works, at its Tune 26, 2012, meeting,reviewed comments by the Engineering Division,Area Plan Commission,Economic Development,Fire Department,Police Department and the Solid Waste.Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not binder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not binder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Tony Molnar at 574 235-9254 prior to picking u our radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely,, Linda . Martin, Clerk c: Federico Rodriguez,Fire Department Tony Molnar, Engineering Janice Talboom,City Clerk's Office Michael Mecham, Engineering ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET FROM HILL STREET WEST TO THE FIRST NORTH/SOUTH ALLEY STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET FROM HILL STREET WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL TOWN OF LOWELL, NOW THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lot# 018-5008-31 a Lot# 018-5008-32 SECTION IV. The purpose of the vacation of the real property is to consolidate parcels for replat into larger buildable lots consistent with the Central Business District Zoning. This alley has served no public purpose for decades. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. z _ . Member of the Common C uncil Attest: [[ t City Clerk Council actor oil 1i Ds Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock: m, City Clerk Approved and signed by me on the day of 2 , at o'clock m, ' Mayor, City of South Bend, Indiana 1n Cterky-S 1st READING PUBUC HEARiN 3 rd READilNG NOT APP4ZCJVi°i) REFERRED �...::.. ,...,,' PASSED PETITION TO VACATE PUBLIC RIGHTS-OF WAY STREETS ALLEYS TO THE COMMON COUNCIL DATE: July 2, 2012 OF THE CITY OF SOUTH SEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS,PETITION YOU TO VACATE THE ALLEY SEPERATING THE PARCELSWE OWN. THE ALLEY IS DESCRIBED AS: THE FIRST EAST/WEST ALLEY NORTH OF LaSALLE STREET FROM HILL STREET WEST TO THE,FIRST NORTH/SOUTH ALLEYFOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS A PARTOF THE ORIGINAL TOWN OF LOWELL (NOW THE CITY OF SOUTH BEND), PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. NAMES: ADDRESS: 1007 NORTH FRANCES STREET 61 g roO S"0:t3 0.'d JOSEPH GELCHION SOUTH BEND INDIANA 46617 018--5 003-0 ~� 1007 NORTH FRANCES STREET SUZANNE M GELCHION SOUTH BEND, INDIANA 46617 CONTACT PERSON: STEVE MATZ COLDWELL BANKER RWG RETURN TO: 1539 NORTH IRONWOOD DRIVE OFFICE OF THE CITY CLERK SOUTH BEND, IN 46635 JOHN VORDE, CITY CLERIC PH. 574-876-8432 ROOM 455 COUNTY-CITY BUILDING EMAIL: stevematz @gmail.com SOUTH BEND, INDIANA 4 601 PH. 574-235-9221 d 1n C I e r WS ff e rY'v_;+r+isr�ar.+iNW'�.2 MADISON STREET 18-5008-0226 0 -till i8-5008-0228 18-5008-0261 18--5008--0229 18-5048-0230 18-5008-0218 18-5048-4231 � 18-5048-4283 VQ` 165, W � � R150,A' 18-5008-0232 18-5008-0226 18-5008-0225 18-5008-0226 18--5008--0264 oX 18-5408-0226 LaSALLE ST. Filed Clerk's Offl., JUL - 3 u' LEGAL DESCRIPTION: The alley to be vacated is the first East/West alley North of LaSalle Street from Hill Street West to the first North/South alley for a distance of 165 feet and a width of 144 feet. Said alley is a part of the Original Town of Lowell(noel the City of South Bend), Portage Township, St Joseph County, Indiana. PARCELED NAME-1 MAILINGADD MAILINGCIT MAILINGSTA MAILiNGZIP KAMBOL MARY W/A LIFE ESTATE &KAMBOL JOSEPH& 018-5008- DEANNA M 21877 Shady Hollow 0231 KAMBOL Lane South Bend IN 46628 018-5009- 52273 TALLY HO 0264 N D REALTY DR N South Bend 1N 46635 HOBAN TIMOTHY K,RICCI MARY, HOBAN J MICHAEL,HOBAN PATRICK 118 INT EA&HOBAN 018-5008- FAMILY TRUST 112 0235 INT 205 N St Louis South Bend IN 46617 HOBAN TIMOTHY K,RICCI MARY, HOBAN J MICHAEL,HOBAN PATRICK 118 INT 018-5008- EA&HOBAN 0236 MAURICE J 112 INT 205 N St Louis South Bend IN 46617 018-5008- PETSCHE FRANK J 17401 Eldorado 0234 &SUZAANNE M Lane South Bend IN 46635 018-5008- EBERHART _ 0225 PARTNERSHIP 316 S Eddy South Bend IN 46617 W/A LIFE ESTATE f , E 018-5008- JOSEPH& 21877 Shady Hollow r'p 0233 DEANNA M Lane South Bend IN 46628 c l c� W/A LIFE ESTATE r�r &KAMBOL ce) JOSEPH& I ""20 t 018-5008- DEANNA M 21877 Shady Hollow 0232 KAMBOL lane South Bend IN 46628 W/A LIFE ESTATE €k &KAMBOL JOSEPH& ; 018-5008- DEANNA M 21877 Shady Hallow 0230 KAMBOL Lane South Bend IN 46628 018-5009- 52273 TALLY HO 0263 N D REALTY DR N South Bend IN 46635 CRIMMINS JOSEPH R& KATHLEEN COSTELLO CRIMMINS 018-5008- %TEACHERS 0229 ICREDIT UNION 1832 Campeau St South Bend JIN 46617 CRIMMINS JOSEPH R& KATHLEEN COSTELLO- CRIMMINS 018-5008- %TEACHERS 0228 CREDIT UNION 18010 Chipstead Dr South Bend IN 46637 018-5008- 0227 M ANDERSON LLC 1224 E Wayne N South Bend IN 46615 MEMORIAL 018-5008- HOSPITAL OF 0218 SOUTH BI=ND INC 615 N Michigan St South Bend IN 46601 DIOCESE OF FT 018-5009- WAYNE SOUTH 0261 BEND INC 915 S Clinton St Fart Wayne IN 46801 018-5008- BURKHART 0226 IADVERTISING INC Attn:Pat Hurley South Bend JIN 46615 Dear Common Council Member, July 2, 2012 City of South Bend. My wife and I have petitioned you in an effort to have the alley that divides our properties on Hill Street in South Bend vacated. The attached paperwork outlines the exact area in question. Our intent is to develop this property at a later date in accordance with any and all restrictions this area is presently zoned. We thank you for your consideration. Sincerely, Joe and Suzanne Gelchion Hied In Ctark's JUL - Vq 201? CNITV a d aO V TH 4 O ,\111"IftI'lfr�'tO 13 t 6 COUNTY-Crrr BUILDING //, PHONP 574/23 5°9251 22,7 W.JEFFERSON BouxxvARn =`\ / i� FAX 574/235-917I $OUT$ BEND, INDIANA 466o1-183o � X865 CITY OP SOt7M B]ENr3 PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WOKS June 12, 2012 Mr. &Mrs. Joseph and Suzanne Gelchion 1007 North Frances Street South Bend, Indiana 46617 RE: Alley Vacation—East Half of the East/West Alley between the First North/South Alley and Hill Street North of LaSalle Street and South of Madison Street (Preliminary Review) Dear Mr. and Mrs. Gelchion: The Board of Public Works, at its June 12, 2012, meeting, reviewed comments by the Engineering Division,Area Plan Commission,Economic Development,Fire Department,Police Department,Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient, Tlie vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Ton Molnar at 574 235-9254 prior to picking u our radius ma Yo will need a radius snap showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Cleric's office for your alley vacation packet. Sincerely, (�'It i da M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering JOHN W BYORNI EXECUTIVE DIRECTOR LARRY NIAGLIOZZI DEPUTY DIRECTOR qPAREPAAPLAJN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 f40 COUNTY-CfTY BLDG. SOUTH SEND,INDIANA 46501 (57-4)235-9571 June 20, 2012 RE: An Ordinance initiated by the Area Plan Commission, Amending Chapter 21 of the South Bend Municipal Code,Article 9, Administration, Section 21-09.05 Development Review Procedures in order to add new section (h) Combined Pubic Hearing Procedure, City of South Bend. - APC# 2635-12 Dear Council Members: I hereby Certify that the above referenced ordinance of initiated by the Area Plan Commission was legally advertised on Thursday, June 7, 20I2 and that the Area Plan Commission at its public hearing on Tuesday, June I9,2012 tools the following action: Upon a motion by Karl King, being seconded by Dan Brewer and unanimously carried, the Ordinance initiated by the Area Plan Commission, Amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21-09.05 Development Review Procedures in order to add new section (h)Combined Pubic Hearing Procedure, City of South Bend is sent to the Common Council with a favorable recommendation. The combined hearing offers a more efficient development process, a strategy suggested by land use and economic development objectives in City Plan. It will reduce the number of public hearings for the developer and the public to attend, have one point of contact for developers and allow for one legal advertisement and notification process. The combined hearing procedure can only be initiated at the request of the petitioner. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, W n W. Byo JWB jsc Attachment SERVING:ST JOSEPH COUNTY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA& ROSELAND w�-st}asephcountyin dia na.com/Areap Ian � Staff Report APC# 2635-12 Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Requested Action: The request is a text change amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21-09.05 Development Review Procedures, in order to add a new section (h)Combined Pubic Hearing Procedure. Staff Comments: Presently, there are four procedures between the zoning and subdivision ordinances that affect future development: rezoning, subdivision, variance and special exception. Rezonings are filed with the Common Council, referred to the Area Plan Commission for public hearing and recommendation, and then returned to the Common Council. Subdivisions are submitted directly to the Area Plan Commission and referred to the Plat Committee. Variances are fled with the Building Department and heard by the Area Board of Zoning Appeals. Special Exceptions are also filed with the Building Department and heard by the Area Board of Zoning Appeals, but returned to the Common Council with a recommendation. In July 2011, a State statute change allowed an Area Plan Commission to hold a combined public hearing on all four of the above items. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis. The combined hearing offers a more efficient development process, a strategy suggested by land use and economic development objectives in City Plan. It will reduce the number of public hearings for the developer and the public to attend, have one point of contact for developers, and allow for one legal advertisement and notification process. The combined hearing procedure can only.be initiated at the request of the petitioner. APC Initiated #2{35-12 Page 1 of 1 JOHN W. BYORNI q C EXECUTIVE DIRECTOR LARRY MAGUOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 127 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 June 4, 2012 Derek Dieter, President South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Provisions of South Bend Zoning Ordinance to Allow the APC to Conduct a Combined Hearing on Rezonings, Special Use Permits, Subdivisions, and Variances. Dear Mr. Dieter: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to make certain amendments to that section of the Zoning Ordinance that regulates public hearings before the Plan Commission. Recent changes to State Statutes allow Plan Commissions to conduct a combined hearing, at the request of a petitioner, where a rezoning petition also involves any or all of the following: special use permit, variances and subdivisions. This process should be beneficial to both the applicants and possible remonstrators in that it will reduce the number of meetings that people have to attend and yet allow for public input. I am requesting that the attached ordinance be placed on the June 11, 2012 Council agenda for First Reading. The Area Plan Commission will heat-this ordinance on June 19,2012. If you have any questions, please feel free to contact me. Sincerely, ` ,. 1 ohn W. Byorn JUN 5 Z 0 12 JOHN, VOORUE CITY CLERK,SOUTH SEED,Cat SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND W W W.S 7 F O S E P KC 0 U N T Y INDIANA.CO M/A­p a p I a n ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $100,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 S'T'ATEMENT OF PURPOSE AND INTENT On January 9, 2012, this Council passed Ordinance No. I0145-12 which appropriated $130,000 for the purpose of covering all costs to enable cleanup of certain illegal dumping. The appropriation approved by Ordinance No. 10145-12 covered the period ending June 30, 2012, after which the program was to be evaluated for its efficacy. The Council now finds that the illegal dumping program has been highly successful, that it should be continued through the remainder of calendar year 2012, and that an appropriation of an additional $100,000 is necessary for this purpose, i.e., a total of$230,000 in funds for calendar year 2012. NOW, 'I HERI 1,ORE, BE IT ORDAINED BY 'I-TIE COMMON COUNCIL, OF "1-1 lE CITY OF SOUTI I I31ND, INDIANA, as follows: SEC'T'ION 1. The sum of$100,000 is hereby appropriated and set aside within the Code Enforcement Department of the City General Fund #101 for the purpose of defraying the expense necessary to perform the cleanup of illegal dumping activities for the period June 30, 2012 through December 31, 2012. SECTION 1I. The cleanup activities will be performed and expended by the City Department of Solid Waste Fund #610, with reimbursement of incurred expense from the Code Enforcement Department of the City General fund i#101. SECTION TIT. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Cn oi ncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock m. City Clerk Approved and signed by me on the _day of at o'clock, M. Mayor, City of South Bend, Indiana Filed JU'L ' PASSED �$oU TR 12 0ON CouNTY-CrY Bu)LDING w�\\ ' NoNE 5741235-9216 227 W.jRprusoN BLVD, FAx 5741235-9928 �reace�. SourxBEND,INDIANA 46601-1830 I8S5 CITY OF SouTH BENZ] FETE B=GIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 2, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 40' Floor South Bend, Indiana 46601 RE: Ordinance of the Common Council - $100,000.00 Appropriation from Fund 101 Dear President Dieter, Attached please find a bill to appropriate an additional $100,000.00 from the General Fund 101 to enable the continuing clean up of certain illegal dumping within the City of South Bend. On January 9, 2012 the Common Council passed Ordinance No. 10145-12 which appropriated $130,000 for the purpose of covering all costs to enable cleanup of certain illegal dumping. The appropriation approved by Ordinance No. 10145-12 was for the period ending June 30, 2012, after which the program was to be evaluated for its efficacy. Code Enforcement Director Catherine Toppel has provided Council with data showing that the illegal dumping program has been highly successful and that it should be continued through the remainder of calendar year 2012. To do this, an appropriation of an additional $100,000 is necessary, i.e., a total of$230,000 in funds for calendar year 2012. The attached ordinance approves such appropriation from General Fund 101, reimbursed to the Solid Waste Fund 610. Catherine Toppel and 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 I"reading on July 9, 2012 with 2r'd reading, public hearing and 3`d reading scheduled for July 23, 2012. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574.235-7500. Regards, -"' It- -9 Mark W. Neal City Controller cc: Pete Buttigieg Mayor Mire Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff Catherine Toppel, Director of Code Enforcement Gary Gilot, Consultant for the Board of Public Works Fite; �' ._..��__ a CIT ' .. E ..� ti.. IS10 ORDINANCE NO. AN ORDINANCE, OF THE COMMON COUNCIL OF THE CITY OF SOUTII BEND, INDIANA, AMENDING ORDINANCE NO. 10119-11 FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF TIIE CITY OF SOUTH BEND AND TRANSFERRING FUNDS FROM CERTAIN ACCOUNTS TO OTHER ACCOUNTS STATEMENT OF PURPOSE AND INTENT On September 27, 2011 this Council adopted Ordinance No. 10119-11 which set out the salaries and wages of appointed officers and non-bargaining employees'of the City of South Bend for calendar year 2012 (the "2012 Salary Ordinance"). One of the managerial level employees included in Ordinance No. 10119-11 is the "Center Supervisor" of the Martin Luther King, Jr. Center (MLK Center), the salary for which position in Ordinance No. 10119-11 is $40,352.00 annually. The education, guidance, and development of South Bend's youth is a high priority of this City, and the Supervisor of the MLK Center is uniquely positioned to know about all youth programs in the community, to interact with other community leaders serving the City's youth, and to expand the programs and activities of the MLK Center, especially for those youth with fewer family resources who may be at risk of violence, school drop-out, and other adverse conditions affecting young persons. As part of the city's overall goal of eradicating youth violence, and assuring that South Bend's youth are prepared for their future as responsible citizens, it is in the best interest of South Bend to restructure the "Center Supervisor" position of the MLK Center and create a new position and title with additional duties and responsibilities. The new position will be titled "Director of Youth Engagement-- Center Supervisor," the single position of "Center Supervisor" for the MLK Center will be eliminated and the compensation of the Director of Youth Engagement — Center Supervisor will have annual compensation of $50,250.00 (which exceeds the Center Supervisor salary by $9,898.00 annually). This Ordinance, which is in the best interest of South Bend, amends Ordinance No. 10119-11 to make these changes. Monies in General Fund (##10 1) from Parks Dept Zoo Division Account will be transferred to the Parks & Recreation Division Account to cover the cost of the salary increase in 2012. The overall appointed officers and non-bargaining employee salary appropriation is unaffected. NOW, TI-IERI FORE 13E IT ORDAINED BY TIIE COMMON COUNCIL OF CITY OF SOUTI-I BEND, INDIANA as follows: SECTION I. Ordinance No. 101 19-11 is amended to delete one position of "Center Supervisor" with its approved salary, and to replace it with the positions of "Director of Youth Engagement—Center Supervisor" at an annual salary of$ 50,250.00 SECTION II. To effectuate the amendment set forth in Section I for the remainder of calendar year 2012, the following account shall be adjusted by increase or reduction in the designated sum: General Fund No. 101 $4,949.00 Zoo Division Acent 201-1104 ($4,949,00) Parks & Recreation Division 201-1103 $4,949.00 SECTION III. All other terms and conditions of Ordinance No. 10119-11 shall be unaffected and remain in full force and effect. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Auncil -q Attest: CA 0q - M City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock, m. Mayor, City of South Bend, Indiana ed An Is'. READING � K1137LEC HEARING 'UN z rd READJ,,G iT APPROA i rASSE� CITY C LEA'£,:} `' 'qJ H B': ! &„ii Lek, ti �,OV T$ K � CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR June 20, 2012 President Derek Dieter South Bend Common Council 4''Floor County-City Building South Bend, IN 46601 Dear President Dieter, The City of South Bend has seen a number of violent incidents involving youth this year. These incidents have resulted in town forums., heightened news coverage, and heartbreak for victims and their families. The education, guidance, and development of South Bend's youth is a high priority of this City, and the administration is seeking an amendment to the 2012 Salary Ordinance to create the position of"Director of Youth Engagement--Center Supervisor." On September 27, 2011 this Council adopted Ordinance No. 10119-11 which set out the salaries and wages of appointed officers and non-bargaining employees of the City of South Bend for calendar year 2012 (the "2012 Salary Ordinance"). One of the managerial level employees included in Ordinance No. 10119-11 is the "Center Supervisor" of the Martin Luther King, Jr. Center (MLK Center), the salary for which position in Ordinance No. 10119-11 is $40,352.00 annually. The administration believes that the supervisor of the MLK Center is uniquely positioned to know about all youth programs in the community, to interact with other community leaders serving the City's youth, and to design communitywide opportunities for children and young adults, especially for those youth with fewer family resources who may be at risk of violence, school dropout, and other adverse conditions affecting young persons. As part of the city's overall goal of eradicating youth violence, and assuring that South Bend's youth are prepared for their future as responsible citizens, it is in the best interest of South Bend to restructure the "Center Supervisor" position and create a new position and title with additional duties and responsibilities. The new position will be titled 1400 COUNTY-CITY BMLDTNG•227 W.JEPFERSON BOULEVARD• SourH BEND, IND.TANA 46601 PHONE 5741235-9261• FAx 5741235-9892 ; "Director of Youth Engagement -- Center Supervisor," the position of "Center Supervisor" for the MLK Center will be eliminated and the compensation of the Director of Youth Engagement— Center Supervisor will have annual compensation of$50,250.00 (which exceeds the Center Supervisor salary by $9,898.00 annually). This Ordinance, which is in the best interest of South Bend, amends Ordinance No. 10119-11 to make these changes. Monies in General Fund (#10 1) from Parks Dept Zoo Division Account will be transferred to the Parks & Recreation Division Account to cover the cost of the salary increase in 2012. The overall appointed officers and non- bargaining employee salary appropriation is unaffected. I hope that the Common Council will review this amendment to the salary ordinance favorably. I look forward to presenting the ordinance and proposal to the appropriate committee and the full Council in the coming weeks. Sincerely, r. Pete Butt igieg; ayor City of South Bend CC: South Bend Common Council JUN 2 Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE S, BY THE INCLUSION OF NEW SECTION 2-125.1 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION STATEMENT OF PURPOSE AND INTENT Indiana Code § 4-15-10-4 sets for the whistleblower protection provisions which provide in part that a state employer cannot dismiss, withhold salary increases or employment-related benefits, transfer or reassignment if an employee reports a violation of a federal or state law. Many municipalities throughout the country have ordinances which prohibit reprisals. For example, Denver passed their ordinance in 2007; On May 21, 2012, six (b) members of the South Bend Common Council voiced concern over the apparent lack of policies, procedures and protocols with regard to telephonic equipment and technology used by the City of South Bend. The City of South Bend currently posts on its city website various forms and policies and the effective date of each. These posted policies govern five (5) specific areas, namely: operating, finance, purchasing, human resources, and information technology. The topic of"human resources" lists its status as "In Draft". In light of that status, the following ordinance is introduced to provide whistleblower protection to city employees. Section I. Chapter 2, Article 8, Section 2-125.1 of the South Bend Municipal Code is created to read in its entirety as follows: See. 2-125.1 Whistlebiower Protection. (a) No city elected official, city employee or city appointee shall retaliate or threaten to retaliate against any person because the person did any of the following: (1) Brought to the attention of his or her immediate supervisor a matter which appears inconsistent with governing policies or procedures over such task or operation which have been approved by the proper city board, agency, or other entity of the city, (2) Filed a verbal or written complaint with his or her superior regarding an alleged breach of governing policy or protocols which have been approved by the appropriate agency of the city and to which such person has been advised of and if required given the appropriate training; Ordinance on Whistlebtower Protection Page 2 (3) Provided verbal or written information to the person or persons charged with overseeing and enforcing the governing policy or protocols as part of the investigation of such complaint; (4) Testified at any ethics commission proceeding or similar venue established by the city (b) An elected city official, city employee or city appointee who has proper jurisdictional authority over an individual who has taken any of the actions listed in paragraph (a) of this section, may take appropriate disciplinary action, if said person did not act in good faith or knowingly or recklessly provided false information or testimony. (c) A person who is found to have violated this section shall be subject to progressive disciplinary procedures as set forth in the City of South Bend's properly enacted Personnel Polices and Procedures, or other governing documents adopted under governing law. (d) All elected city officials, city employees or city appointees shall be properly trained in any and all ethics regulations, including but not limited to the City of South Bend Ethics Code signed by the Mayor on January 1, 2012, all ordinances addressing ethics, governing standards, policies and protocols governing the tasks to which such officials, employees and appointees are charged to carry out as part of their employment with the City of South Bend. Section 11. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 111. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Henry 6avis, Jr. 2"d District Council Member Council Member Karen L. White Council Member at Large Ordinance on Whistleblower Protection Page 3 Council Member Tim Scott I st District Council Member Council President Derek D. Dieter Council Member at Large test: John Voorde, City Clerk c!"resented- by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock . m. Janice TaIboom, Deputy Clerk droved rrnd`si'ned` by me on the day of , 2012, at o'clock .rn. Pete Buttigieg Mayor of the City of South Bend, Indiana Thed rr HE PING J READING ,����I J APPROVED ERRED �,~ .^ j ...._ SSED - f.t i i- i.;i City of South Bend Pagel of 2 City 1-lea]thy' Policies HCIman Central Directory City & Corms Resources Stores +.r➢kvlY, 5.w..k:.=.;,S�3y5151 x:W Site Search Enter keywords � - South6endlN gov Site Map r (wick Links r ;.. Frequently Visited Pages Policies & Forins : Policies Welcome to South Bead! Policy/Procedure Effective Date i Operating �.wnM 1.1 Policy Statement January 1, 2010 1.1.1 Pol.ICy. evfe,W....COLm,. t tee. January 1, 2010 Highlights 1.2 Q.peratin„cg &. Budgeting.,Policy January 1, 2010 South Bend Parks&Recreation ......-.................................................... .............. Flex Account: Use pre-tax dollars For reimbursemerst.-View details Z Finance Spotlight: City Directory 2.1 Re,v_enue_.Pplicy.. January 1, 201,0 Need a phone number? Search the 2.2 Expenditure A royal Ppiic. anuar J 1 2010 f",ploysp y y r Direclgr.X using the search box at the top 2.3 Cash Reserve Policy January 1, 2010 -ofanx-.paso!.._....._.................. .. .. ................ 23.1 Ca.sh..Reserve.Procedu.,re January 1, 2010 2.4 Chart„of Acco,u_nt,s Policy January 1, 2010 2.4.1 Project NUM ber._Procedu.re January 1, 2010 2.5 Fixed..Assets.._Polic.Y January 1, 2010 2.5.1 Fixe,d,_Assets.,_P.ro_cedure January 1, 2010 2.5.2 Fixed Assets Set Up Procedure In draft 2.6 I,nven.toryPol. cY... January 1, 2010 2.5.1 Inventory..,-.Pro ced_u_re...Cen.trai, January 1, 2010 Service 2.6.2 Inv- -- _. en_tark...F,rocedu_re._Parks._& January 1, 2010 Recreation 2.6.3 I.nve_ntor_.... y._..Proced.u.re Water Utility January 1, 2010 2.6.4 Inventoryy Procedure Blackthorn August 1, 2011 2.7 Travel__Pnl.icy, April 1, 2010 2.8 Investment Policy January 1, 2010 2.9 Refit.Policy January 1, 2010 2.10 D Sb.u,rseme.n,t._Po.iigy January 1, 2010 2.10.1 Wire...Transfer..& Ha-p-d h,„eok January 1, 2010 Procedure http://www.southbeDdin.gov/revize/sbintranct/policies2.asp 6/5/2012 city or zsoum i5ena rage 2 of 2 2.11 2.12 Open January 1, 2010 2.13 January 1, 2010 2.14 T0.K..,.Rgpqrt.!.ng.,Pqji y -c January 1, 2010 2.14.154e.'s.-Tax & Misc Tax Filing. January 1, 2010 ...- -11. ...... --------................................. ... Procedure 2.14-2 .PP,YrQ.!j-Tq)� January 1, 2010 PrQ!;gqYrg 3 Purchasing 3.1 March 1, 2010 3.1.1 Fu rchqsin Policy id March 1, 2010 Matrix.' .' - 3.2 Vendor Policy March 1, 2010 3.3 Cellular Telephone Policy In draft 3.4 MBE/WBE Vendor Diversity In Draft Development Policy 4 Human Resources In draft 5 Information Technology 5.1 C.olmo.ut.,e..r...H.'ar-dw.a,.r.,e Policy May 1, 2010 5,2 Software Policy May 1, 2010 5.3 IT Purchasing Policy May 1, 2010 5.4 Pqlic .....y May 1, 2010 5.5 Use of Internet Policy - - '" ..........­__..­­..­ May 1, 2010 5.6 Remote Access Policy ........... May 1, 2010 5.7 Wireless Use Policy May 1, 2011 Forms Policies Forms.............. ............. Home I City Directory I Healthy City I Policies & Forms I Human Resources I Central Stores I SouthBendIN.gov I Site map I Login 2007 City Of SOL)th Bend, Indiana, USA E ter af Sit s P i acy Tqrrq4.of-Use. http://Www.southbendin.gov/revize/sbintranet/policies2.asp 6/5/2012 Whistleblower Pro ram ire uenti Asked yestions Why did the City Ind County of San Francisco establish the Whistleblower Program? The Whistleblower Program was created on behalf of San Francisco citizens and government employees to help make City government more accountable through the prevention and investigation of suspected waste, fraud, and abuse. What is the impact of the Whistleblower Program on City government? When fraud is allowed to continue, it jeopardizes the level of service local government can provide its residents. • Someone's Watching:The Whistleblower Program has a deterrent effect, for both internal and external sources of fraud, waste, and abuse. • Someone Cares:A public message of`zero tolerance'for fraud, waste, and abuse is sent to citizens and City employees by allocating resources to the Whistleblower Program. • Beneficial Contacts: Interaction with the District Attorney's Office, City Attorney's Office, Police Department, and state and federal data sources help forge alliances beneficial to the pursuit of reducing fraud, waste, and abuse from government. What can I report to the Whistleblower Program? Any kind of fraud or misconduct can be reported, with certain exceptions, which are noted below. You may report any City and County of San Francisco manager, employee, contractor, or vendor who may be committing fraud, or any practice or act you observe that results in the waste or abuse of City and County resources. Some misconduct complaints if reported to the Whistleblower Program, including criminal acts, recipient welfare fraud, claims for child support, or allegations of child abuse are referred by the Whistleblower Program to other agencies for investigation. What information should a complaint include? When reporting suspected fraud, please provide as much information and detail as possible, including who, what, when, where, why, and how. A complainant should provide complete and specific information regarding the allegation, including the person involved, the time and date(s)of occurrence, and a detailed description of the violation to the investigators. Complaints with limited details cannot always be investigated. When should I submit a complaint? A complaint should be submitted immediately after you believe a reportable offense has occurred. How can I submit a complaint? Complaints can be submitted through one of the following ways: • Phone: 3-1-1 or 415-701-2311, TTY:415-701-2323 (3-1-1 will also take non-Whistleblower complaints and answer questions regarding other City services and issues) • Online: www.sfgov.orglwhistleblower • E-mail: whistleblower @sfgov.org • Mail: Whistleblower Program, Rm.316, 1 Dr, Carlton B. Goodlett PI, San Francisco, CA 94102 6 What happens when I submit a complaint? Each submitted whistleblower complaint is assigned a unique tracking number. An initial assessment is done to determine whether the case has merit and how it should be handled.Complaints are referred to appropriate parties for follow-up action. Submission of a complaint to the Whistleblower Program only ensures that the complaint will be reviewed for possible investigation. May I remain anonymous when filing a complaint? Yes, you may remain anonymous. Will anyone, including the suspect(s)find out that I reported the fraud? If you request your identity remain confidential, the Whistiebiower Program will not identify you to anyone. However, if the investigation results in criminal prosecution, it is possible our records may be subpoenaed by the court. Now does the whistleblower Program protect my confidentiality? City and County of San Francisco Charter, Section F1.107(c) requires the Board of Supervisors to enact and maintain an ordinance protecting the confidentiality of whistleblowers and protecting City officers and employees from retaliation for filing a complaint with, or providing information to the Controller's Office, Ethics Commission, District Attorney's Office, City Attorney's Office, or a City department or commission about improper governmental activity. The City Attorney's Office has advised that the Controller's Office has a duty to maintain the confidentiality of the identity of whistleblowers even in the absence of such an ordinance. If I give my telephone number or email address,will an investigator contact me? Possibly. If you provide contact information, an investigator may call you if they need additional information regarding your allegation. Can I check on the status of the investigation? Yes, you may check the status of your case by going to the Whistleblower Program website and selecting "Check Status of Complaint."You will then need to enter your assigned tracking number. You may check to see if a case is open or closed. However, no specific details of any ongoing investigation will be provided. In addition, you cannot receive a copy of the investigative report—this information is considered confidential. Now long does it take for a case to be investigated? Investigations vary from a couple of weeks to several months depending on the complexity of the case. What will happen to the person I am reporting? if an allegation is confirmed, the suspect(s)could be disciplined. Disciplinary action is determined by the department for which the suspect works and is confidential. Discipline can include dismissal,suspension, reprimand, etc. However, if the suspect(s)is criminally prosecuted, the case becomes a public record. 7 . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ® E N V E R" lie THE MILE HIGH CITY NOTICE OF "WHISTLEBLOWER PROTECTION®® City and County of Denver employees are encouraged to report acts of official misconduct to appropriate reporting authorities.Effective August 17,1007,Denver adopted a"WhistleblowerProtection°ordinance prohibiting certain forms of retaliation against employees who report official misconduct in compliance(with the ordinance.(For the entire text of the ordinance,see:Chapter 7,Article Vll,Denver Revised Municipal Code.) . . . . . . . . . .. . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. What kind of reporting is protected? The ordinance encourages and protects good-faith reporting of official misconduct by city employees.The ordinance does not protect reports and disclosures that are made anonymously,are made in violation of any law,or are made without regard to the truthfulness of the reported information.In order to come within the protection of the ordinance,an employee must make a good-faith attempt to report the information to an appropriate reporting authority. The ordinance defines official misconduct"to include the violation of any law,rule or regulation;the misuse or mismanagement of city assets;or an abuse of official authority. The ordinance defines"appropriate reporting authorities"to include elected officials,law enforcement agencies,the Denver Board of Ethics,or the appointing authority for the officer or employee who is being accused of the official misconduct. .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . .. What kind of retaliation is prohibited? The ordinance prohibits supervisors and appointing authorities from taking any adverse employment action against an employee in retaliation for the employee reporting official misconduct.The ordinance defines • "adverse employment action"to include actual or threatened disciplinary actions,adverse performance evaluations,or denial of compensation or benefits. How may employees use this law to protect against retaliation for whistleblowing? The ordinance establishes procedures for overruling adverse employment actions taken against City employees in violation of the ordinance.Generally complaints under the ordinance must be brought within thirty(30)days of the alleged retaliation.The ordinance provides the following remedies for employees who believe they have suffered retaliation for engaging in protected whistle blowing; 0 Career Service employees may use the ordinance as a basis for a complaint directly to the Career Service • Hearings Office.A Career Service employee may also use the ordinance as a defense when contesting a disciplinary action in accordance with the Career Service rules. o Classified service employees(uniformed police and fire)may use the ordinance as a basis for a complaint directly to the employee's appointing authority.A classified service employee may also use the ordinance as a defense when contesting a disciplinary action in accordance with Civil Service Commission rules. ® Other City and County of Denver employees may use the ordinance as a basis fora complaint to their appointing authorities,or a defense against any disciplinary action taken against them by their appointing authorities. This notice provides only a summary of the contents of the City and County of Denver Whistleblower Protection Ordinance.For further information and details,employees are encouraged to review the ordinance in its entirety. Rev.071008 6*1Ak DLA - Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS STATEMENT OF PURPOSE AND INTENT On July 1, 2012, Indiana's new state law takes affect which prohibits smoking in most public places and places of employment. These regulations exempt private clubs, retail tobacco shops, bars and casinos; but permits cities, towns and counties to pass ordinances which may be more restrictive than the new state law. On September 12, 2006, St. Joseph County Council passed Ordinance No. 92-06 which updated prior ordinances addressing smoking regulations. This ordinance prohibits smoking in all public places in St. Joseph County, unless specifically exempted. The St. Joseph County Health Department is charged with enforcement. Fines which are collected are deposited into a non-reverting fund in the budget of the St. Joseph County Health Department dedicated to enforcement and educational programs about the purposes and requirements of these regulations. This ordinance would require any entity exempted by the new Indiana state law to properly post by the entrance to such facility whether they permit or prohibit smoking. In this way, notice is given to the public prior to entering and each person has the opportunity to decide whether to enter or not. This ordinance is believed to be in the best interest of South Bend. Section 1. Chapter 14, Article 10 of the South Bend Municipal Code is created to read in its entirety as follows: Article 10. Smokin2 Re ulations. See. 14-60 Deflnitions, All definitions set forth in Indiana Code § T 1-5-12 related to "Prohibition on Smoking" shall govern. See. 14-61 Signage Required. (a) All locations which are exempted from the State of Indiana's "Prohibition on Smoking" which are located in the City of South Bend shall be required to post at all public entrances to such locations a sign which reads "WARNING: Smoking is Permitted in this Establishment"printed in blue and contain the Indiana Alcohol & Tobacco Commission no smoking logo symbol printed in red on a white background with such signs printed on a minimum size of 8" x 1011 . FAQ PAGE 2 OF 2 9. Where should signage be Iocated? Signs are required to be posted at all public entrances of enclosed public places and places of employment. Signs must read"State Law Prohibits Smoking Within S Feet of this Entrance"or other similar language. Signs are available online at www.in.gov/atc. 10. Where can I get information on quitting tobacco use? You can get more information from: http://www.ingov/quinine/. 11. How does the state law affect local ordinances on smoking? The new state statute does not supersede a local county, city,or town ordinance previously adopted, if that local ordinance is more restrictive than state law.Additionally,the new state statute does not prohibit a local county,city,or town from adopting an ordinance more restrictive than state law. 12. May a business exempt from the state smoking law choose to prohibit smoking? Yes.A business owner or manager may voluntarily choose to prohibit smoking, even if the type of business is one of the exemptions to the state's smoking law. For example, a tavern owner may chose to prohibit smoking. 13. The smoking-ban law requires businesses that are exempt from the ban to provide the Alcohol & Tobacco Commission with a statement verifying their exemption.How do we rile this statement with the ATC? Fraternal clubs and other organizations that meet all of the requirements for an exemption from the state smoking ban may file the Exemption Form found on the ATC's website, www.in.gov/atc. The form will be available before July 1, 2012, when the law takes effect. 14. Does the new smoking law include chewing tobacco and snuff? No. Approved:May 31,2012 Edition 6 N O N C D U a U U w s: cv O O v cti b C ®' cd c� b 4] U P C .M h G dq .4 N ORDINANCE NUMBER: Substitute Bill No. 24-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 6 ADDRESSING AIR POLLUTION CONTROL OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 13-76 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES STATEMENT OF PURPOSE AND INTENT The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, concluded that: (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke, (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4)there is no risk-free level of exposure to secondhand smoke; (5) establishing smoke free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6)evidence from peer-reviewed studies shows that smoke free policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion,Office on Smoking and Health,2006) According to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke. (U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis.for Smoking Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health. Promotion, Office on Smoking and Health, 2010) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a Clean Air Standards for Workplaces and Public Places Ordinance Page 2-Substitute Bill No.24-12 cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually. (National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10,"Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999) The Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS), "Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services (DHHS), Public Health Service, NTT, 2000; reaffirmed by the NTP in subsequent reports on carcinogens,2003,2005) There is indisputable evidence that implementing 100% smoke-frec environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke. (World Health Organization (WHO), "Protection from exposure to secondhand smoke: policy recommendations," World Health Organization (WHO), 2007) In reviewing 11 studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smoke free laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smoke free laws reduce heart attacks. (Institute of Medicine (IOM) of the National Academies, Board on Population Health and Public Health Practice, Committee on Secondhand Smoke Exposure and Acute Coronary Events, "Secondhand smoke exposure and cardiovascular effects: making sense of the evidence," Washington, DC: National 4cademies Press, October 2009) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARDI02000 case-control study," Tobacco Control 11(3); 220- 225, September 2002) Studies measuring cotinine (metabolized nicotine) and NNAL (metabolized nitrosamine NNK, a tobacco-specific carcinogen linked to lung cancer) in hospitality workers find dramatic reductions in the levels of these biomarkers after a smoke free law takes effect. Average cotinine levels of New York City restaurant and bar workers decreased by 85% after the city's smoke free law went into effect. &.a j, "The State of Smoke-Free New York City: A One Year Review,"New York City Department of Finance, New York City Department of Health &Mental Hygiene, New York City Department of Small Business Services, New York City Economic Development Corporation, March 2004). After the implementation of Ontario, Canada's Smoke free Indoor Air Law, levels of NNAL were reduced by 52% in nonsmoking casino employees and cotinine levels fell by 98%. (Geoffrey T. Fong, et. al., "The Impact of the Smoke-Free Ontario Act on Air Quality and Biomarkers of Exposure in Casinos: A Quasi-Experimental Study," Ontario Tobacco Control Conference, Niagara Falls, Ontario, December 2,200 6) Clean Air Standards for Workplaces and Public Places Ordinance Page 3-Substitute Bill No, 24-12 Following a Health Hazard Evaluation of Las Vegas casino employees' secondhand smoke exposure in the workplace, which included indoor air quality tests and biomarker assessments, the National Institute of Occupational Safety & Health (NIOSH) concluded that the casino employees are exposed to dangerous levels of secondhand smoke at work and that their bodies absorb high levels of tobacco-specific chemicals NNK and cotinine during work shifts. NIOSH also concluded that the "best means of eliminating workplace exposure to (secondhand smoke] is to ban all smoking in the casinos." (Health hazard evaluation report: environmental and biological assessment of environmental tobacco smoke exposure among casino dealers, Las Vegas, NV. By Achutan C, West C, Mueller C, Boudreau Y, Mead K. Cincinnati, OH: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health,NIOSH HETA No. 2005-0076 and 2005-0201-3080, May 2009) Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. (California Environmental Protection Agency (Cal EPA), "Health effects of exposure to environmental tobacco smoke", Tobacco Conh•ol 6(4): 346-353, Winter, 1997.) The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities Act,"Nonsmokers' Voice 15(1): 8-9) The U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non- linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb, Stephen, "Commentary: How acute and reversible are the cardiovascular risks of secondhand smoke?"British Medical Journal 328: 980-983, April 24, 2004) Given the fact that there is no safe level of exposure to secondhand smoke, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke free environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor environments be smoke free in their entirety. (Samet, J.; Bohanon, Jr.,H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke," American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 2005) During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels measured in outdoor cafes and restaurant and bar patios near smokers rival indoor tobacco smoke concentrations. (Klepeis, N.; Ott, W.R.; Switzer, P., "Real-time measurement of outdoor tobacco smoke particles,"Journal of the Air& Waste Management Association 57: 522-534, 2007) Nonsmokers who spend six-hour periods in outdoor smoking sections of bars and restaurants experience a significant increase in levels of cotinine when compared to the cotinine levels in a smoke free outdoor area. (Hall, J.C.; Bernert, J.T.; Hall, D.B.; St Helen, G.; Kudon, L.H.;Naeher, L.P., "Assessment Clean Air Standards for Workplaces and Public Places Ordinance Page 4-Substitute Bill No. 24-12 Of exposure to secondhand smoke at outdoor bars and family restaurants in Athens, Georgia, using salivary cotinine,"Journal of Occupational and Environmental Hygiene 6(I1): 698-704, November 2009) Residual tobacco contamination, or "thirdhand smoke," from cigarettes, cigars, and other tobacco products is left behind after smoking occurs and builds up on surfaces and furnishings. This residue can linger in spaces long after smoking has ceased and continue to expose people to tobacco toxins. Sticky, highly toxic particulate matter, including nicotine, can cling to walls and ceilings. Gases can be absorbed into carpets, draperies, and other upholsteries, and then be reemitted (off-gassed) back into the air and recombine to form harmful compounds. (Singer, B.C.; Hodgson, A.T.; Nazaroff, W.W., "Effect of sorption on exposures to organic gases from environmental tobacco smoke (ETS)," Proceedings: Indoor Air 2002, 2002) Tobacco residue is noticeably present in dust throughout places where smoking has occurred. (Matt, G.E.; Quintana, P.J.E.; Hovel], M.F.; Bernert, J.T.; Song, S.; Novianti, N.; Juarez, T.; Floro, J.; Gehrrnan, C.; Garcia, M.; Larson, S., "Households contarninated by environmental tobacco smoke: sources of infant exposures," Tobacco Control 13(1):29-37, March 2004) Given the rapid absorption and persistence of high levels of residual nicotine from tobacco smoke on indoor surfaces, including clothing and human skin, this recently identified process represents an unappreciated health hazard through dermal exposure, dust inhalation, and ingestion. (Sleiman, M.; Gundel, L.A.; Pankow, J.F.; Jacob Iii, P.; Singer, B.C.; Destaillats, H., "Formation of carcinogens indoors by surface-mediated reactions of nicotine with nitrous acid, leading to potential thirdhand smoke hazards," Proceedings of the National Academy of'Sciences of the United Sates of America (PNAS) 107(15): 6576-6581, Fcbruary 8,2010) Unregulated high-tech smoking devices, commonly referred to as electronic cigarettes, or "e- cigarettes, "closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of e-cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosarnines and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested "quality control processes used to manufacture these products are inconsistent or non-existent." ([n.a j, "Summary of results: laboratory analysis of electronic., cigarettes conducted by FDA," Food and Drug Administration (FDA), July 22, 2009; btW.L//www.fda-gov/NewsEvents/Publicl4calthFocus/ucmI 73146.htm Accessed on: October 22, 2009) E-cigarettes produce a vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco Smoke," Society afActuaries, March 31,2005.) Clean Air Standards for Workplaces and Public Places Ordinance Page 5-Substitute Bill No,24-12 Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A. & Smith, L., "The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States."American Journal of Public Health, 87:1687-1693, 1997; Colman, R.; Urbonas, C.M., "The economic impact of smoke-Free workplaces: an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 200 1) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses. ("The high price of cigarette smoking," Business & Health 15(8), Supplement A: 6-9, August 1997) The smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance. 9Y =y6m A9&om&wv,1 a�Fe is gFafe y�(�.�d fond JQww, ad . f Section I. Chapter 13, Article 6 Air Pollution Control Regulations of the South Bend Municipal Code is amended to include the following sections, which shall read as follows: See. 13-76 Purposes of Clean Aar Standards for Workplaces and Public Places. The Common Council finds and declares that the purposes of this ordinance are (l) to protect the public health and welfare by prohibiting smoking in public places and places of employment; (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. Sec. 13-76.1 Definitions. The following words and phrases, whenever used in this ordinance, shall be construed as defined in this Section: (a) "Ashtray"means any receptacle that is used for disposing of smoking materials, including, but not limited to, ash and filters. (b) "Bar" means any establishment used primarily for the sale of alcoholic beverages for consumption by patrons on the premises and which holds a retailer's permit under the laws of the State of Indiana. The teen includes, but is not limited to, taverns, nightclubs, and cocktail lounges. (c) "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including, but not limited to, retails establishments where goods or services are provided to the public, and other entities where Clean Air Standards for Workplaces and Public Places Ordinance Page 6-Substitute Bill No.24-I2 accounting, counseling, legal, medical, dental, engineering, architectural, or other professional services are delivered. (d) "Cigar" means any roll of tobacco that has a wrapper or cover consisting only of tobacco, weighing more than four and one-half pounds per 1,000 and is sold without a filter. (e) "Cigarette"means: (1) Any roll for smoking containing tobacco wrapped in paper or in any substance other than tobacco leaf or (2) Any roll for smoking containing tobacco wrapped in any substance, however labeled or named, which because of its appearance, size, the type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, purchased by, or consumed by consumers as a cigarette as defined above. ( "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services. (g) "Employer" means a person, business, association, municipal corporation, trust, or nonprofit entity that employs the services of one or more individual employees. (h) "Enclosed 4rea" means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind. (i) "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, or physiological conditions, including but not limited to, hospitals, rehabilitation hospitals, addiction treatment hospitals and facilities, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. The term "Health Care Facility" shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities. 0) "Place of Employment"means an area under the control of a public or private employer that employees normal frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. (k) "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for Clean Air Standards for Workplaces and Public Places Ordinance Page 7-Substitute Bill No.24-12 play or sports activities, or any similar facility located on public or private school grounds or on South Bend grounds. (1) "Public Place" means an area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, Laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a childcare, adult day care, or health care facility. (m)"Restaurant" means an eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. (n) "Retail Tobacco Store"means a retail store: 1. Utilized primarily for the sale of tobacco and tobacco-related products including, but not limited to cigarettes, cigars, tobacco, pipes, cigarette paper and lighters; 2. That is not licensed for the consumption of meals or alcoholic beverages on the .premises operated in conjunction with another business that is licensed for the on-premises consumption of meals or alcoholic beverages; and 3. In which the sale of tobacco and tobacco-related products accounts for not less than 85%.of the store's gross sales. "Retail Tobacco Store" does not include a tobacco department of a larger commercial establishment such as a grocery store, department store, discount store or hotel. (o) "Service Line' means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service or any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. (p) "Shopping Mall" means a public walkway or hall area that serves to connect retail or professional establishments. (q) "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any lighted or heated tobacco or plant product or equipment intended for inhalation, in any manner or in any form. "Smoking" also includes the use of an e- Clean Air Standards for Workplaces and Public Places Ordinance Page 8-Substitute Bill No. 24-12 cigarette, which creates a vapor, in any manner- or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. (r) "Sports Arena" means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. (s) "Tobacco Specialty Bar"means a business that, as of June 6, 2012: 1. Is licensed to sell alcoholic beverages pursuant to a permit issued by the Indiana Alcohol and Tobacco Commission for on-premises consumption and in which the service of food is only incidental to the consumption of such beverages and the sale of cigars or Hookah tobacco; 2. Is engaged in the business of selling cigars or hookah tobaccos and where at least twenty percent (20%) or more of its total annual gross income over the preceding calendar year derived from the on-site sale of cigars or Hookah tobaccos; 3. That is not physically located within a business otherwise required to be smoke free and 4. Does not sell cigarettes or allow smoking of cigarettes on the premises. See. 13-76.2 Prohibition of Smoking. Except as provided in Sec. 13-76.6 Exemptions, smoking shall be prohibited in all enclosed public places within the City of South Bend, Indiana, including but not limited to, the following places: a. Aquariums, galleries, libraries and museums. b. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, Laundromats, professional offices, and retail service establishments. c. Bars. d. Bingo facilities. e. Childcare and adult day care facilities. f. Convention facilities. Clean Air Standards for Workplaces and Public Places Ordinance Page 9-Substitute Bill No.24-12 g. Educational facilities, both public and private. h. Elevators. i. Gaming facilities. j. Health care facilities. k. Hotels and motels. 1. Lobbies, hallways, and other common areas in apartment building, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. m. Polling places. n. Public transportation vehicles, including buses and taxicabs, under the authority of the City of South Bend, Indiana, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities. o. Restaurants. p. Restrooms, lobbies, reception areas, hallways, and other common-use areas. q. Retail stores. r. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City of South Bend, Indiana or a political subdivision of the State, to -the extent the place is subject to the jurisdiction of the City of South Bend, Indiana. s. Service lines. t. Shopping malls. u. Sports arenas, including enclosed places and outdoor areas. v. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. w. Tobacco Specialty Bars. Clean Air Standards for Workplaces and Public Places Ordinance Page 10- Substitute Bill No. 24-12 Sec. 13-76.3 Prohibition of Smoking in Enclosed Places of Employment. (a) Smoking shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. (b) The prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 13-76.4 Applicability to City Facilities. All facilities and vehicles owned, leased or operated by the City of South Bend, Indiana, as well as outdoor property adjacent to such buildings and under the control of the City of South Bend, Indiana, shall be subject to the provisions of this Article. See. 13-76.5 Reasonable Distance. Smoking shall be prohibited outdoors within a reasonable distance from an enclosed area where smoking is prohibited by this Article, but in no event closer than eight (8) feet, so as to insure that tobacco smoke does not enter into establishments designated as smoke free under this Article through entrances, windows, ventilation intakes or other means. See. 13-76.6 Exemptions. Notwithstanding the smoking prohibitions in See. 13-76.2 of this Article, smoking will be permitted in the following locations: 1. Retail Tobacco Stores. 2. Private residences, except when used as a licensed childcare, adult day care, or health care facility. 3. Outdoor areas of a golf course not to include miniature golf courses. 4. Any business that as of June 6, 2012: a. Is exempt from federal income taxation under 26 United States Code § 501 (c); b. Is a "club" as that term is defined by Indiana Code § 7.1-3-20-1, or a "fraternal club" as that term is defined by Indiana Code § 7.1-3-20-7; c. Holds a beer, liquor, or wine retailer's permit under the laws of this state; and Clean Air Standards for Workplaces and Public Places ordinance Page l l -Substitute Bill No. 24-12 d. Provides food or alcoholic beverages only to its bona fide members and guests and, in addition, e. The business: (1) Provides a separate, enclosed, designated smoking room or area that is adequately ventilated to prevent migration of smoke to nonsmoking areas of the premises; and (2) Allows smoking only in the room or area described (i) above. 5. None of the areas in Sec. 13-76.6 Exemptions shall be exempt from the provisions of this Article if smoke from any area enters, either directly or indirectly, through entrances, windows, ventilations systems, or other means, where smoking is otherwise prohibited by this Article. 6. Any business claiming an exemption pursuant to this Sec. 13-76.6 Exemptions shall provide to the South Bend Department of Code Enforcement within three (3) business days of demand, adequate written proof that it qualifies for the exemption claimed. An authorized representative of the business shall certify such written proof under the penalties for perjury. 7. No person or entity shall discharge, refuse to hire or retaliate in any manner against an employee, applicant for employment, or customer because of any attempt to enforce the provisions of this Article by such employee, applicant or customer. Sec. 13-76.7 Prohibition of Smoking in Outdoor Public Places. Smoking shall be prohibited in the following outdoor places: (a) Within a reasonable distance of eight (8) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas. (b) All outdoor property that is adjacent to buildings owned, leased, or operated by the City of South Bend, Indiana and that is under the control of the City of South Bend, Indiana. (c) In, and within eight (8) feet of, outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited for outdoor seating or serving areas of restaurants and bars. (d) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in and within eight (8) feet of, bleachers and grandstands for use by spectators at sporting and other public events. Clean Air Standards for Workplaces and Public Places Ordinance Page 12-Substitute Bill No. 24-12 (e) In, and within eight (8) feet of, all outdoor playgrounds. (f) In, and within eight (8) feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the City of South Bend, Indiana. (g) In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, parking lot attendants, and toll takers. In lines in which persons in vehicles obtain service, both pedestrians and persons in vehicles, but only within eight (8) feet of the point of service prohibit smoking. (h) In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multi-unit residential facilities, except in designated smoking areas, not to exceed twenty-five percent (25%) of the total outdoor common area, which must be located at least eight (8) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. See. 13-76.8 Additional Requirements. (a) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the area. (b) An owner, operator, manager, or official in charge of a public place or place of employment shall post conspicuous signs at each entrance that read "The City of South Bend Prohibits Smoking Within 8 Feet of This Entrance". (c) Any establishment exempted from Section VI shall clearly and conspicuously post the following sign at every entrance: "Warning: This Is A Smoking Establishment". Sec. 13-76.9 Declaration of Establishment as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor areas are a nonsmoking place. See. 13-76.10 Enforcement. (a) The South Bend Department of Code Enforcement shall enforce this Article. (b) An owner, manager, operator, or employee of an establishment regulated by this Article, shall inform person(s) in violation of the appropriate provisions thereof and shall ask those persons to refrain from smoking. Clean Air Standards for Workplaces and Public Places Ordinance Page 13-Substitute Bill No.24-12 (c) For a business that elects to be exempted under the provisions of Sec. 13-76.6 Exemptions, it shall be the duty of the owner, manager, or operator to ensure that no persons under the age of eighteen (18) are allowed to enter. See. 13-77 Penalties. (a) Any owner, manager, operator, or other person in control of an establishment, facility, or outdoor area found to be in violation of any of the provisions of Sec. 13- 76 through Sec. 13-76.10 shall be issued an ordinance violation citation subject to the following fines: (1) The issuance of a verbal and written warning for the first violation, (2) A fine of Two Hundred and 00/100 Dollars ($200.00) for the second violation within the same calendar year payable through the Ordinance Violations Bureau; (3) A fine of Four Hundred and 00/100 Dollars ($400.00) for a third violation within the same calendar year; (4) A fine of Eight Hundred and 00/100 Dollars ($800.00) for a fourth violation within the same calendar year; and (5) A fine of Fifteen Hundred and 00/100 Dollars ($1,500.00) for each additional violation occurring within the same calendar year. (b) Each day of violation shall constitute a separate and distinct offense. Section II. Repeal : Any Ordinance in effect, which is inconsistent, or conflicts with any part of this Ordinance is expressly repealed to the extent of such inconsistency or conflict, and the remainder of the Ordinance shall be unaffected and remain in effect. Section III. Severabilitv: If any section, sentence, or provisions of this Ordinance, or the application thereof to any person or circumstance shall be declared invalid, such invalidity shall not affect any of the other sections, sentences, provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 1V. Legal Construction: This Ordinance shall be construed broadly to effectuate the purposes of this Ordinance. Section V. Effective Date: This Ordinance shall be in full force and effect beginning July 1, 2012, after its passage by the Common Council, its approval by the Mayor, and legal publication. Valerie Schey, 3r District Council Member g0IQ TR Cit-wr of South Bend �. IN� S \\\hEACEXj ie Common Council x � 1865 441 County-City Building d 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Ix ttp://www.southbendin.gov Derek D. Dieter The South Bend Common Council J 7 2012 President 4'h Floor County-City Building June Oliver J. Davis South Bend, Indiana 46601 Vice-President Re: Substitute Bill No. 24-12 Karen L. White Proposed Clean Air Standards for Workplaces and Public Places Chairperson, Committee of the Whole Dear Council Members: Tim Scott Substitute Bill No. 24.12 incorporates the provisions originally contained in Bill No.Fits€ District 24-12. This proposed ordinance would create new regulations addressing clean air Henry Davis, Jr. standards for workplaces and public places. Second District It is our understanding that because this proposed ordinance contains regulations which Valerie Schey would be of a "general and permanent nature", and because it proposes specific Third District penalties, that if passed, the ordinance would need to be codified into the South Bend Fred Ferlic Municipal Code. Fourth District The format of Substitute Bill No. 24-12 is consistent with the applicable requirements David Varner set forth in Sec. 2-9 of the South Bend Municipal Code. Fifth District We ask that Substitute Bill No. 24-12 be sent to the Health and Public Safety Oliver J. Davis Committee for public hearing and an advisory favorable recommendation, and that it be Sixth District set for 2°d & 3rd readings and public hearing before the Common Council on June 25, Derek 2012. We look forward to working with you on this important health and safety At Large e Dieter ordinance, which we believe is in the best interest of the City of South Bend. Gavin Ferlic Si erely, At Large Karen L. White Valerie Schey, 3'd District Counci Oliver J. Davis, 6th District Council At Large Dr. Fred Ferlic, 4`}'District Council Gavin Ferlic, At Large Attachment RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 508 & 512 WEST COLFAX AVENUE, SOUTH BEND,INDIANA WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; 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 L The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 508 & 512 W. COLFAX AVENUE, SOUTH BEND, INDIANA in order to permit a Special Exception Use to allow for a commercial parking lot SECTION IL 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 M. The Common Council of the City of South Bend, Indiana, hereby finds that: W �� E Lr-I- � k �4! m 3NBZ - O iq O O i Y R I 1 i w�i6 w x i CD ch� N LLJ 1 I C/-) I I � ! I � � � Z a R:v� 3 La- 0 LIJ i CD CL XIIE{CX uO��Y cr i y r LLJ cn I - O \ I T x �-�o� r'. V C ID h 1 Jf.Sc Yly,. OSS CU��"r 3$p i �• ° aO m'a n° �y4 h J9 a« O °' o OJ GR dLO 'Z v7 m pa y i0 O+ 0 f F William St r a � ro rv' ' iv O'. ed 9 4 Ol i q N M O N � o n 9 ,'irn � r•oar w e ° r Parcel ID Name Mailing Address Mailing lily State Zip 018-1024-105201 South Bend Heritage Foundation 803 Lincolnway W South Bend IN 46616 018-1023-0965 Avilys LLC:Andrea Rogers 115 William St.ste 100 South Bend IN 46601 018-1024-1055 Irminger,Donald K and Adria 117 N Taylor St. South Bend IN 46601 018-1024-1053 Perkins,William M 119 N Taylor St. South Bend IN 46601 018-1023-0977 Central High Associates LLC:First American Capital Markets c/o Sterling Management Mishiwaka IN 46546 018-1024-105602 City of South Bend 227 W Jefferson Blvd ste 1200 South Bend IN 46601 018-1023-0954 Lawson Fisher Associates PC 525 W Washington Ave. South Bend IN 46601 018-1023-0963 Tippecanoe Place LLC 5832 Firestone Ct. San Jose CA 95138 018-1023-0963 Tippecanoe Place LLC 5832 Firestone Ct. San Jose CA 95138 018-1023-0963 Lex Investments Inc. 509 W Washington Ave. South Bend IN 46601 018-1023-0963 Lex Investments Inc. 509 W Washington Ave. South Bend IN 46601- 018-1023-0992 City of South Bend Department of Redevelopment 1200 County City Bldg South Bend IN 46601 018-1023-0993 City of South Bend Department of Redevelopment 1200 County City Bldg South Bend IN 46601 018-1023-0988 Housing Authority of South Bend 501 S Scott St. South Bend IN 46601 018-1023-0994 City of South Bend Department of Redevelopment 1200 County City Bldg South Bend IN 46601 018-3010-0313 Kessler,Susan J 506 W Washington South Bend IN 46601 018-3010-0314 Lahey,Charles and Jennifer 502 W Washington South Bend IN 46601 018-3010-0321 Kessler,Susan J 506 W Washington South Bend IN 46601 018-1023-0966 Indiana Land Trust:Emery,Dennis J 501 W Washington South Bend IN 46601 018-1024-105601 City of South Bend 227 W Jefferson Blvd ste 1200 South Bend IN 46601 018-1024-1051 Chamblee,R.W.and Angie 19176 Summers Dr. South Bend IN 46637 018-1024-1052 Cotton,Kathleen A 602 Colfax St. South Bend IN 1 46619 018-1023-0958 Stoll,James R. 536 Colfax St. South Bend IN 46601 Ciy of South Bend Department of 018-1023-097701 Redevelopment c/o the Alexander Co. 660 W Washington Ave ste 303 Madison WI 53703 Inc. 018-1024-1056 Irminger,Donald K and Adria 117 N Taylor St. South Bend IN F 46601 018-1023-0961 Stoll,James R. 536 Colfax St. South Bend IN 46601 018-1023-0960 TL Properties 2010 LLC 1420 Canal Court ste 250 Littleton CO 80120 018-1023-0961 TL Properties 2010 LLC 1420 Canal Court ste 250 Littleton CO 80120 018-1023-0968 Baldwin,Robert J. 2540 Village Common Dr. Erie PA 16506 018-1023-0969 South Bend Heritage Foundation 803 Lincolnway W South Bend IN 46616 018-1023-0970 South Bend Heritage Foundation 803 Lincoinway W South Bend IN 46616 018-1023-0971 Portage TWP of Saint Joseph County 115 S Williams St. South Bend IN 46601 018-1024-1025 Lake Region Conference Associates of Seventh Day Adventists 601 W Colfax South Bend IN 46601 018-1023-098201 _ Sapiente,Ronald A 808 Lasell Dr. Champaign IL 61820 018-1023-p973 Davis,Gersham and Deirdre George- — — - Davis 3841 Knickerbocker Apt 2D Indianapolis IN 46240 018-1023-0974Y Haplin,Andrea and Leone 521 W Colfax Ave _ South Bend IN 46601 018-1023-0976 Michael,Anisah _� 6273 Knox Ave Chicago IL 60646 018-1023-097601 Lykowski,Timothy and Kathy 23158 W Ireland Rd South Bend !N 46601 018-1023-0978 First Presbyterian Church of South Bend 333 W Colfax South Bend IN 46601 018-1023-0980 First Presbyterian Church of South 333 W Colfax South Bend IN 46601 Bend City of South Bend for the Use and 018-1023-0990 Benefit of its Department of 1200 County-City Building South Bend IN 46601 Redevelopment 018-1023-0989 Mousing Authority of South Bend 501 S Scott St. South Bend IN 46601 018-1023-0972 lake Region Conference Associates of 601 W Colfax South Bend IN 46601 Seventh Day Adventists AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 June 7, 2010 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of South Bend Heritage Foundation, Inc. ABZA 6/6/12 Dear Council Members: The above referenced petition of South Bend Heritage Foundation, Inc, was legally advertised on May 25, 2012. The Area Board of Zoning Appeals gave it a public hearing on June 6, 2012, at which time the following action was taken: Upon a motion by Mr. Velleman being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a commercial parking lot in a "MU" District, is sent to the South Bend Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely- Charles C. Bulot, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA 130ARD OF ZONING APPEALS SOUTH BEND HERITAGE FOUNDATION, INC. FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WF-LFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking re-gulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Fiend Common Council with a: F"ORABL.E RECOMMENDATION ADOPTED this 6TH Day of JUNE,2012. YES NO Q MICHAEL URBANSKI ABSENT RANDALL MATTHYS Q. JACK.YOUNG D GERALD PHIPPS D ROBERT HAWLEY Q JOE VELLEMAN 0 BRENDAN CRUMLISH Area Board of Zoning Appeals—June 6, 2012 SOUTH BEND HERITAGE FOUNDATION, INC. The petition of South Bend Heritage Foundation, Inc. seeking a Special Exception to allow for a commercial parking lot, on property located at 508 & 512 W. Colfax Street, Portage Township. Zoned "MU". MR. PAT LYNCH: With South Bend Heritage Foundation, 803 Lincolnway West, South Bend. We are here today to request a Special Exception for a commercial lot at the address that was mentioned. We're doing this project in conjunction with redevelopment of the Rushton Building which sits on the corner of west Washington and William. And we're very excited about that project and we'll make this lot available to the seniors who will be living at that project. MR. URBANSKI: Is there some parking right behind the building too, Pat, behind the Rushton Building? MR. LYNCH: That property immediately north of the Rushton does not belong to the Rushton it belongs to the next building north. The Rushton does not have access directly to the alley. MR. URBANSKI; Okay will the people have to walk all the way around to William Street to enter the building? MR. LYNCH: That is correct. MS. NAYDER: Just want to point out where our comments are. They're in the Special Exception, so there's 13 and then 15 so didn't want you to miss because we did make comments on petition number 14. We recommended favorably because it's going to help with the re-use of an existing building. MR. VELLEMAN: Will there be any improvement to the alley done by either the City or South Bend Heritage. It was a pretty rough alley when I drove down it. MR. LYNCH: It is rough, I agree. I'm with Toy Villa in Engineering right now. And we also have to get into that alley a little bit to bring power to the Rushton. So we do intend to improve at least from our parking lot to the east William Street, yeah. IN FAVOR MR. WILLIAM PERKINS: I live at 119 N. Taylor Street. I live right around the corner from the property in question. And I want to know how big is the parking lot going to be and what they plan on doing as far as landscaping and also how it's going to affect the apartment building directly next to it which is now unoccupied and being renovated. Before it had a reputation for being undesirable, yeah will it be? And I really want to see the Rushton, I'd love to see the Rushton rehabilitated, I really would. I also wonder how many people are going to make the actual stroll from the parking lot in the dead of winter over to the Rushton. That's kind of a little hike there. I wonder if there is some other way they could get a parking lot there. So I just basically have questions about the whole thing. MR. PERKINS WAS SHOWN A SITE PLAN OF THE PARKING LOT AT THIS TIME 28 Area Board of Zoning Appeals---June 6, 2012 MR. CHARLES LEONE: I'm an attorney with offices at 521 W. Colfax which is across street from the proposed parking lot. The law firm is Leone Halpin, LLP. We are in a building that was formally owned by James Childs Architects and have done quite a bit of work fixing up that particular property over the last five years since we've been there. Our concerns of course are have to do with the immediate neighborhood. These lots as they exist now are vacant. They're typically kept up and mowed but they're generally unused. We do support the South Bend Heritage project to use this land as a parking lot in conjunction with the renovation of the Rushton Building. We think that the Rushton Building is a critical piece in the western edge of downtown and the redevelopment and repair of that particular building would enhance the immediate neighborhood. We've been given some comfort by the fact that South Bend Heritage will be the designer and will be having on going responsibility for this particular lot. Our concern of course has been the apartment complex that is immediately to the west of these lots which had a very large number of tenants and has been subject to a number of issues over the past several years that is vacant now. I know that there is some renovation going on with good advice in terms of how to do that but one concern we would have of course is that once that building is re-occupied at some point, because apparently it will be, that in fact the tenants from that particular building may end up finding the parking lot easy parking because I don't think that the building immediately to the west has any on site parking. So that would be our main concern but in general we do support this particular project and I think it's all in the execution in the way it's managed over time that'll make the difference. REMONSTRANCE There was no one present to speak in remonstrance of this petition. MR. URBANSKL Pat are you going to have something where there'll be stickers for the people who live there so cars won't be towed if belonging to the Rushton? REBUTTAL: MR. LYNCH: I think that we will definitely have to have some sort of protocol for anybody who is in the lot. They will need to have permission to be there, a sticker in their car or something on their dashboard as well as signs are up to indicate to people that if they do not have permission they will be towed away. We have a management company that oversee all of our properties, it's Herman and Kittle and they would be responsible for patrolling the lot making sure that it is appropriately used and towing anybody that's not authorized to be there. There will be more information, the Rushton will be 23 units and this parking lot here is 26, 1 believe, spots although there is no relationship between those two numbers it's just that what works, A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Velleman and seconded by Mr. Hawley. The motion carried unanimously, After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with a]Favorable Recommendation and will issue written Finding of Facts. PETITON SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION 29 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST . JOSEPH COUNTY, iN 227 W. JEFFERSON BLVD., ROOM 1140 CQUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 25, 2012 Area Board of Zoning Appeals common council Attn: Janice 125 S. Lafayette, Suite 100 4`)' Floor County City Building South Bend, Indiana 46601 South Bend, TN 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, June 6, 2012. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 112. The petition of Air Park South Bend, LLC. The staff recommends denial of these variances. As part of the 2004 update of the City of South Bend Zoning Ordinance, the sign ordinance was significantly revised. The intent of the sign ordinance is to eliminate excessive and confusing sign displays; maintain and im rove the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property; and to avoid sign clutter. The desire of the petitioner to place these additional signs defies the very intent of the sign ordinance and the effort the City took in establishing the standards. The staff would find it difficult to find a sign ordinance in a large city that would allow such excessive signage. A comparison would be to then allow every multi-tenant commercial/industrial center in the City to have a street sign for each of the tenants. The sign ordinance accommodates the needs SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND W W W.StJOSEPNCOUNTYJNI)kANA.COM of multi-tenant facilities by not only allowing a freestanding identification sign for the property, but also allowing building identification signs (wall, canopy, window, etc.) for each tenant. The petitioner has a clearly visible monument-style sign with room reserved for tenant names. The staff would suggest that a creative approach to building identification signs that would help guide visitors once they enter the site, would be a better approach. 13. The petition of Trinity Senior Living Communities, Sanctuary at Holy Cross. The staff recommends approval of the variances. The intent of the restrictions on residential signs is to buffer and protect surrounding residential properties from excessive and brightly lit signs. Foundation Center was designed as a mixed-use development. Neighboring properties are zoned B Business and C Commercial, with other properties in the development zoned R-2 and M. Sign requirements are generally less restrictive in these other districts. Staff would note that building/wall signs are typically allowed for institutional buildings which are usually located in non-residential areas. 15. The petition of Sam and Linda Quaye. The staff recommends denial of all variances. The staff supports accommodating in-fill redevelopment and the practical use of land. The combination of the variances, the use, and the location of the existing buildings makes this site, in the staff's opinion, unworkable for the intended uses. Comments from the County Engineer noted that the parking spaces on the north cannot be accessed directly from Dreamwold Avenue, further reducing the number of spaces that can be placed on the site. According to this site plan, the septic system is located in an unspecified area south of the parking spaces on the north. Paving is not allowed over a septic system. The Health Department has not seen a solution where a properly sized septic system will fit on the parcels shown in the site plan. Special Exce tion I Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (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. 14. The petition of South Bend Heritage Foundation, Inc. Based on information available prior to the Board meeting, the Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort community moral standards, convenience or general welfare; This parking lot is designed to support the adaptive reuse of the Rushton Building. Required landscaping and access drives will protect the convenience and general welfare. SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LfBERTY, OSCEOLA, & ROSELAND w W W.STJOSEFRCOU NTYIN DIANA COM (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; This parking lot's intent is to support the residents of the proposed apartments in the Rushton Building. By offering dedicated spaces for these residents, an street parking for nearby businesses and the Portage Township Assessor, could benefit from the additional off-street parking. (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 block is zoned MU Mixed Use, however, there is multifamily nearby. Parking areas are common in the MU Mixed Use District as an accessory to the business/commercial or mufti- family use. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. encourages ea at mBx of housing Comprehensive Plan November 2006) -The first dousing Objective g yp and densities, specifically mentioning those for seniors. The first Economic Development Objective encourages the reuse of abandoned and underutilized land and structures. Sincerely, %�h4 Christa Nayder, Planner SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOSEPHCOUNTYINDfANA.COM RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 DYLAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR AMCERIPLEX SUPERIOR PARTNERS, L.P. - WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 5231 Dylan Drive which is more particularly described as follows: A part of the northwest quarter of section 17 and the northeast quarter of section 18, township 38 north, range 2 east, German Township, City of South Bend, St.Joseph County, Indiana, more particularly described as follows: Commencing at the northwest corner of the northwest quarter of section 17,said corner being marked by a harrison type monument; thence south 00 degrees 12 minutes 46 seconds east, a distance of 910.31 feet to the point of beginning;thence north 89 degrees 44 minutes 25 seconds east, a distance of 385.46 feet to the west right-of-way line of Dylan Drive as recorded under instrument number 0647966 in the office of recorder of said county;thence south 00 degrees 15 minutes 35 seconds east along said west right-of-way line, a distance of 919.19 feet to the north line of Portage Prairie minor#2 as recorded under instrument number 0814357; thence south 89 degrees 44 minutes 25 seconds west along said north line, a distance of 386.22 feet to the east line of the northeast quarter of said section 18; thence continuing south 89 degrees 44 minutes 25 seconds west along said north line of Portage Prairie minor##2, a distance of 166.28 feet;thence north 00 degrees 15 minutes 35 seconds west and parallel to said west right-of-way line of Dylan Drive, a distance of 919.19 feet; thence north 89 degrees 44 minutes 25 seconds east, a distance of 167.04 feet to the point of beginning; said described parcel containing 11.659 acres, more or less. Subject to easements, right-of-way, covenants, and restrictions of record. And which has Key Numbers 025-1009-014605 presently at this point in time, 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 seg., 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 and Economic Development and to the Office of the City Clerk; and WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et 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 and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION I1, The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common 'Council and Council ejcin on Uv PkES�NTEG NOT APPROVED sourra�� 1200Cozwry-Cin°BuIL,0rNc �\\\ j PHOrrt 5741235-9371 227 W jFFFF:aso Buuj.EvARll -9021 Sou'm BFND,INIXMIA 46601-1830 5 FAX 574/235 T865 CITY OF SOUTH BEND METE. BUT cjEc, MAYoR ®MMCJNIT'Y & EcONOMIc DEVELOPMENT July 6, 2012 Council Member Henry Davis, Chairperson Community&Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: Ameriplex Superior Partners, L.P. Dear Council Member Davis: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition from the above-referenced Petitioner for property located at 5231 Dylan Drive. AIso attached is a copy of the petition, Statement of Benefits form,and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Ameriplex Superior Partners, L.P. proposes to construct a 105,000 square foot addition for a tenant, Hubbell Electrical. A representative of the Petitioner will be available to meet with the Committee on Monday, July 23, 2012. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-9278. Sincerely, Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Don Inks COMM1,wn-y DEVELOP;vfFNT &ONOMIC DF'vaoPMENT NmELa C.ME:=,'P CJPRALCI F.JIJk; 5741235-9660 574/235-9371 F.x: 5741235-9469 1200CouNTY-CNBuun)iNc, PI30NF574/235 9371 /.: 227 W JLFFF:FsoN BOULEVARD � c �'i A FAX 5741235-9021 SouTij REND,INIAANA46601-1830 'r , 'r 1865 CITY OF SOLTTI3 BENT} PETE B=IGIEG, MAYOR ®MMUI�IITY $- ECONOMIC EVELOPMEN'T' SAX ABA T E ENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: AMERIIPLEX SUPERIOR PARTNERS, L.P. DATE: July 6, 2012 On July 5, 2012, a petition for real property tax abatement consideration for property identified as 5231 Dylan Drive was filed with the City Clerk by Aineriplex Superior Partners, L,P. Pursuant to Chapter 2,Article 6, Section 2-82 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition,investigated the area, and snakes the following report. PROJECT SUMMARY The petitioner,Ameriplex Superior Partners L.P. intends to construct a 105,000 square foot building on a vacant parcel at 5231 Dylan Drive. The building is being built for a tenant, Hubbell Electrical who is relocating here from Illinois. The building will be used for shipping and receiving electrical products. Some light repackaging will also take place. The estimated cost of the new building is $3,500,000. The Indiana facility will be more cost effective than the operations in Illinois. CommuNtTy DEVELOPMENT ECON()mic DFvF1 oEMEn'r PANIELA C,MEYEo UOiHh?S7 E.I]d u� 5741235-9666 5741235-937 F.a:: 5741235-9469 RE: Tax Abatement for Ameriplex Superior Partners, L.P. July 6, 2012 Page 2 The company does not yet have information about their contractors which is needed to determine the actual term of the abatement. The company will have this information for the Common Council prior to the date set for issuing their confirming resolution. It is estimated that the company will qualify for a three to five year abatement. Assuming a three year abatement term is approved at the Confirming Resolution date,the total taxes to be abated during that term are estimated at $ 184,182. Total taxes to be paid during a three year term are estimated at $128,648. Total taxes to be abated for a four year term would be $226,045 and $191,062 of taxes would be paid. Assuming a five year term,taxes abated would be $267,263 and taxes paid would be$254,121. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create sixty-two (62) new,permanent full-time positions with total wages estimated at $2,100,000. ABATEMENT Oi. AL,IFICATIONS 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with one previous six (6) year real property tax abatement which was approved on July 31, 2009, 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for up to a five year real property tax abatement under Section 2-83.1,Warehouse Development in the Economic Development Target Areas, Urban Enterprise Zone and Redevelopment Blighted Areas. 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O r } N h w co E 0.S }-EE O V Q d ~ m Lq (3 G �' O Ol O M N N U v X ULO w O O a N H U N Qj O Q1 a O Lo Il- 6) f� to N r- 0) N E a O r M a N N O N O Cx0 N N N N O !� N r N O O '- O � d' V V 1-: N .� (Tj .O O O 4 r r O O O O rV Q N N N � x Q) ' O O COO O d d m0I p o d a o U X N O U > h- x ) (� Q V v ai .. cm El O U O > N 0 Q) E E N O o o N > m N am o o O N W `O cn a �j O tf1 {(y M N >,Q a OD 41 i8 c 1 O N T E x L = c U f>9 O O CL N m O a T C L U v O 0� O io n > E U) m@ a X X x > E to a .� o t� a) 4) co .00 Q N to m CO vs Q � 3 o o x .0 5 E (� Q to Z ay m z mUnU E c ¢ F- E U Y S cn cn o cn L U10 -1 o ° oO4o °o u2 N d 00 co 07 C!? N N 4N ~ . . N O v 4 00 rN- 4 CF) � (J V Y N v N d 4 0 0 0 o Lo O l!7 O co co 'It N C 4 C N b N N s rN \° A _ GOO 00000 V) L00 OYO F- @ 4 LOfJNr r (n C3? N O N (L V[A V N L L6 0 N O O a w to � � m lf7 In co m N 0 N O Lam(] ® N Y T N Ln O NI O O O C? UJ r 0 � O 0 LO (0 c) r N r N LO Cl) N Q O O V N O N F- r O N U,J 0 [o N oci CO N } N co m N N N �cri m 0 Q V CD M i� m r CL�p O M U} O r iI7 N m N N CN C, 00 o OOOO op 4Od 400 rr rrr �g CO V O 0 (D O dO N N N N N N N N m Ld V5 co to O o O O O O ry p 4 cr cli N U . zn p x ® o w c0000 o in oar orr 3 Cll �` O E� O 4 Ln rmN � N r N (U N rrrrr V m O o CO CD N NON Z x r r- Nr- N ap m � R3 Q�1 i0 C6 N N N N N m f- m N � N cj Cjo 00 [L � vt V" vt <t W 0 p 0 � 0 0 0 0 0 N Q N N � _ � Q W m _ 4 •� (� D c 0 400 4070 OOO40 O N U U % co w El �* w `•° m � Y c m -cu p b c 7U `a rNmtl to E a�'i ° ro 0 0 4 io Zq r7 ode oo ° >,�, UJ r O Lq O C6 N C iU m 4 Y CC) E C Nb cc C) p N C (D Q � C � a) O ;2 Q 2 -- CL m a) cu� > in m 'E i6 -O X X X Y 'CS 'L7 > G2 Q5 Y U a f`1 N E Q in y6 f0 f�„ Y •� -� (ll A C _ Q Q Q N +..' d O X U N 9Y UJ �- I6 c Q Z U C1 U U p lll LJ (v m N (0 7 V) N 0 U) _-- Sd7 U A7 Q 6 3 JUL 5 2012 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et seg., and South Bend Municipal Code Sec. 2-76 et seg., for this petition state the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made,the proposed use of the improvements,and a general statement as to the importance of the project to your business: PE Z- Land Size j. Z acres; Building Size _sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (Pleasp attach an additio-n�/-al sheet if or space is needed): Ile 3. Estimate the dollar value of the project (excluding land): $ 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement is: $�� (This information may be obtained from the St. Joseph County Assessor's Office 235- 9557.) 5. (a) The real property for which tax abatement consideration is petitioned(Property)is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent,, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): A4 VA,NAME ADDRESS INTEREST %) 15.' (Rev 5/13111) 1 (b) The following other persons)or corporation(s)lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAM A®DR SS INTEREST(%) 6. The commonly known address of the Property is: 7. The Key Number(s) of said property is: 025-10_ 014605 8. A legal description of the above address is attached hereto, marked "Exhibit A,"and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked"Exhibit S,"and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The REAL property where the proposed redevelopment or rehabilitation project will be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Be d Redevelop ent Commission: , 1.41 It JAVA PVO" 12. The redevelopment or rehabilitation project itself will: (a) create 2—permanent, full-time and 0 permanent, part-time jobs within the first year, representing a new annual payroll of$V cZ®M : and (b) maintain CJ __existing, permanent, full-time and ___11�} _ existing, permanent, part-time jobs (including existing, permanent, full-time, minority employment of workers and existing, perma- nent, part-time, minority employment of 1-7 workers) with a total annual payroll of $. AIA for all existing employees. 13. Provide current wage information for existing employees including: base rate,cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips(please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Full-Time Part-Time Laborers $ $ f Technical $ $ Managerial $ $ , � Administrative $ $ '`_ f (Rev 5113/11) 2 14. The projected annual salary for each new position indicated in item 12 above is estimated to be as follows (Please attach additional sheet (s) if more space is needed): POSITION( Indicate Full Time [FT]or Park Time [PT]) EMPLOYMENT WAGE dt� r.F y� J ry ' acl ,J 15. Incligate whether your company provides the following benefits (use YIN): Health Care Benefits Pension Plan Employer Provided Training (recognized or certified training/educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) Transportation Assistance(provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) —fA- Employer-Assisted Housing Program (provide an employer-assisted home ownership program) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community& Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 1E. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY 'TAXES PERSONAL PROPERTY TAXES 1 VA.V '10 lqp &�zzsvneg-,� -� a (This information may be obtained from the St. Joseph County Treasurer's office 235-9531) (Rev 5113111) 3 !V 17. Please list the number of full-time and part-time minority employees for each of the last three years: Year Black Full Part Full Part Full p Hispanic Asian Indian Other 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: 4 19. Indicate whether or not your project will finance any of the following activities (if desired, please contact the Community& Economic Development Department 235-9335 for additional information on this section): Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b)designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0113) or Significant (S/12 or S/11) in the most recent Historic Preservation county- wide survey. Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department. Cleaning up a "Brownfield,"which is any site, building,facility or complex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (Please attach additional sheet (s) if more space is needed): (Rev 5113111) 4 29. Will your project achieve one or more physical elements identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. 22. Does your business provide significant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes, please explain. 23. Is your company incurring any of the costs of extension or over-sizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (Please attach additional sheet (s) if more space is needed): 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owner's signature at the end of this application is verification of this statement). 27. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed pr ject woulo be classi ed, by number and description i rn 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by n tuber and descri tion is: C� P !G 29. The fJA current use of the Property is and the current zoning is V . (This information maybe obt ined from the Building Department 23_5- 9554). (Rev 5113111) 5 30. Has your business been granted previous tax abatement(s)? if yes, please provide type (real and/or personal property), term and date of approval. (Please attach additional sheet(s) if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL 31. Other anticipated public financing for the project including, if any, industrial revenue- bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving !Fund; or other public financial assistance, including but not limited to public works improvements, 32. The following person(s)should be contacted as Petitioner's primary agent(s)regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full council meetings of the South Bend Common Council: Name: Address: City, State, Zip: Telephone: E-mail address: 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2-83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI) or its successor agency for employee recruitment, and sign the required WNI form attached to the petition. Name: , .J Address.. City, State, Zip: 5 t. k11 Id �f Telephone: - 3-L2 E-mail Address: (Rev 5113111) 6 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration,and after publication of notice and public hearing,determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): By: L (Sign Name) (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) e .. u ci$y h, {Rev 5113111} m 0 0 0 C� pCA) N � a d (CaOD �I �7C73 � WN -� ® (O/} O � 0 CD v O z {D O N fD 0 fD o .' CD CL 0 0 N CD CL � w w wa cr O CL 0. '0-0 C 0 (D C" 0 O fE1 � 0 0 [7 -. ID p• M 0 ® N 0 0 I =� cLCD O , .« 0 O cD 3 ® a m ai 0. 0 ® 0 CD c . � oCD 0 c 0 a3 00 ® 0.-o C2. 3' m n ® cn� =r o 0 3 -o a 3 2) m l< m2s' r� � 3a 2) O CCD CD rnCL O 0. �. 'y / O CL m c 0 6 rM w E Oa• fD c 03 0 ' = O T C CL N cr _ ® = 0 o o ju 0 0 Z r a N C CD � O z U1 Q a -I cr wni -aQ aco0ovwcn w ►v -, 0 y 0 o 0 C 0 o 5 0 CL .. CD C) so n i11 M p fl) fD v " Z a 5 D 0 -10 -1. — c�fi O ° m ° c@n o o aa-i' CD Co ° CD CD a 0 o � oa, 4 C S m fi a) -0 CD .�� 0 %< (D aCD O 0 CD n a N (p 0 cn my �. o m W "a ° @ cD cD CL m .tea fCOCA 00 c7 -�' ° 3 o �' � � ° z as psi C =r rn 0 ' Fr 0 o o CD c!�• � T 0 Z ® CD fhb - 0 =,� CD �. ® '3 q °- Q � CD :3 2) c ao o ° " o D 0. CD � o o. 3 � cr a o0-allocD o CD 0 .0� ; :7 CD r C -0 a 0 3 0 a) fD M CD 0 Z � � r�on' =3 - � g ca L? M cy cA "C3 C� 3 CD a „t iC 0 a c CD z � acne) ass s•g•• f) W O C:- CD CD C f •u O 0 3 -o 3 CD (D O fl} „„E s C7, pi rte► C (A Cl) cr CD c• c (D `C (D la ,. > > @ y_ O a .rte (D (D cr f� (D c o CD a -N CD O 1 a South Bend Tax Abatement Ordinance Overview Procedures and General Standards—Abatement in Tiers South Bend's Abatement Program is a program which awards a base Ievel of abatement for any project that meets certain minimum level development standards. Additional years of abatement may be added to this base for projects involving the development or rehabilitation of commercial real property listed in the following table provided the project fosters certain economic development and other public benefits. Base Abatement Base Abatements may be awarded according to the following schedule: Development Area New Rehabs Add- Base Constr. On? Yrs Multi-Famil EDTA $1,000,000 $250,000 Yes 3 Sin le Family_ Ci -wide An n.a. No 5 Office CBD 15,000 sf 5,000 sf Yes 3 Office EBDA, TAIA 7,500sf 1 5,000 sf Yes 3 Retail CBD, EBDA, TAIA An An Yes 3 Retail UEZ An An Yes 3 Mixed Use CBD 15,000 sf 5,000 sf Yes 3 Mixed Use EBDA 7,500 sf 5,000 sf Yes 3 Institutional CBD, EBDA, UEZ An An Yes 3 HoteWotel CBD, EBDA, AEDA 20 rooms n.a. Yes 3 Industrial City-wide 10,000 sf 10,000 sf Yes 3 Industrial UEZ, RBA Any An Yes 3 Warehouse City-wide 25,000 sf 25,000 sf Yes 3 Warehouse EDTA, UEZ,RBA An An Yes 3 Personal Property City-wide Any None No 5 (Equip. &Machine .Definitions of Area Abbreviations Airport Economic Development Area Central Business District East Bank Development Area Economic Development Target Area Redevelopment Blighted Area Tax Abatement.Impact Area Urban Enterprise Zone Additional Base Abatement Criteria ® The project must be perceived to generate a ten-year financial return (in taxes, fees,pmts, community econ & social benefits...) sufficient to justify the City's direct investment in infrastructure support. A Memorandum of Agreement is executed which speaks to: o The conditions of the abatement o The timeframe for actions o An agreement to respond to surveys related to compliance (Rev. 5113111) South Bend Tax Abatement Ordinance o An agreement to grant access related to compliance inspections o Any events that might cause termination or payback actions • The applicant must be current in their taxes. • There must be no pattern of local, state or federal law or regulatory violations. Add-On Abatement One to seven additional years abatement may be considered for projects involving certain commercial real property(listed above) that achieve Public Benefit Points described in the following tables: Table I Project Related Actions Points Redevelop a site which has special needs such as converting a commercial 49 Lbuilding to residential use, rehabilitating and reusing an historic building, ating and reusing a property that has been designated a "problem "by the Community and Economic Development Department, or he cost of cleaning u p a Brownfield. Develop a product or business based on licensing intellectual property arising 35 from research conducted at a university in St. Jose h County. Achieve one or more physical elements identified in a development or 36 revitalization plan that has been approved by the Common Council. Super-Size Development Actions (For exceeding the minimum hard $ costs or s . footage required to meet base year criteria)Cumulative! 100 to 199% 25 200 to 299% 68 300 to 399% 65 400% and over 52 Construction Related Actions Employ local companies for at least 75% of construction work(of that which is 20 reasonabl y available locally) Purchase 75% of materials locally of that which is reasonably available locall 20 100% of construction workers are em to ees not Independent Contractors 19 Pay 100% of the wage that the US Dept. of Labor has determined to be 22 prevailing in St. Joseph County. Published on the Davis-Bacon website at http://www.access.gpo.gov/davis.bacon/. All contractors must contribute to a health plan. 22 All contractors must contribute to a retirement Ian. 18 Contractors must maintain an Affirmative Action flan. 20 Wage & Benefit Related Actions of Applicant Pay average of 100% of mean hourly wage reported by the Bureau of Labor 33 Statistics in its most recent Metropolitan Area Occupational Employment Annual LV e Estimates for South Bend, Indiana Metropolitan Statistical Area. (Rev. 5113111) 2 South Bend Tax Abatement Ordinance Contribute toward health plan 34 Contribute to pension or retirement plan 29 Provide training to employees which consists of certified training or educational 28 courses or programs conducted within or outside the lace of em to ent Provide or contribute to cost of child day care 15 Provide Transportation Assistance to lower income employees such as using 14 public transportation, subsidized public transportation orspecial van services. Provide an em to er-assisted home ownership program 9 Workforce related Actions of Applicant Create a specified number of new jobs 42 Retain a specified number of existing jobs 41 Maintain or establish an Affirmative Action Plan 35 Provide targeted hiring preference for residents of Census Tracts designated by 34 the Community&Economic Dev. Dept. that have the highest unemployment or the hi hest ercenta e of low and moderate income individuals. Pay for extending or over sizing municipal infrastructure including water, sewer, drainage facilities, wastewater treatment facilities,road and street improvements, street lighting, and traffic control and related public improvements. Over sizing (cumulative) 14 Pay 26 to 50% of extension cumulative 26 Pay for 51 to 75% of extension cumulative 39 Pay for 76 to 100% of extension cumulative 52 Support a Municipal Facility Provide significant financial support to a municipally owned facility such as a 84 ark, recreation, cultural arts or entertainment facility. Public Benefit Points and thresholds for Additional Abatement Years The following points must be achieved to earn consideration for each additional year of abatement. Table 11- Multifamily Development Projects From To Additional Fears 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 (Rev. 5/13/11) 3 CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601 , or its successor agency as a condition of receiving property tax abatement. Petitioner's Name A/ t4�z Agent's Warne Acting on Behalf of the Petitioner Contact Person p 1��/ XA Street Address City, State, ,dip Code Business Telephone Number E-mail Address JUL q A Signature of Petitioner cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office (Rev. 5/13/11) �~F STATEMENT OF BENEFITS READ ESTATE IMPROVEMENTS State Form 51767(R211-07) Prescribed by the Department of Local Government Finance Egg%;] €s statement is being completed for real property that qualifies under the following Indiana Code(check one box): Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) ❑ Eligible vacant building(IC 6-1.1-12.1-4.8) 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 alter 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 orrehabilitatlon, BEFORE 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 ok(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-I/Real Property annually to the application to show compliance with the Statement of Benefits. jIC 6-1.1-12.1-5.1(b)and IC 6-1.1-12.1-5.3(6)1 5. The schedules established under IC 6-1.1-12.1-4(d)for rehabilitated property and under/C 6-1.1-12.1-4.8(1)for vacant buildings apply to any statement of benefits approved on or after July 1,2000. The schedules effective prior to July 1,2000,shall continue to apply to a statement of benefits filed before July 1,2000. Name of taxpayer Address of taxpayer(number and sires city,state,and ZIP code) �i ';� 77" Name of contact pets"""oppp Tele non number �� , lz/-/I , 6a f E-mail h Name of de ati y Resolution number am P• �� CifIGF; Locati of prop County�� DLGF taxing district number vel J ®5 Description ofrbW property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) Estimated completion date(month, y,year) Jul � Current number Salaries Number retained Salaries Number additional alaries s • • ® • • • a •'o NOTE:Pursuant=tIC&-1.1-12.1-5.1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values O Plus estimated values of proposed project �® Less values of any property being replaced Net estimated values upon completion of project �® Estimated solid waste converted(pounds) _ _ Estimated hazardousfw ste converted(pounds) V c x Other benefits 'S CITY c i t r I hereby erti that the in this statement are true. Signature of au orize r e ' e Title Date sig ed(month,day,year) Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years "(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements ❑Yes ❑No 2.Residentially distressed areas ❑Yes ❑No 3.Occupancy of a vacant building ©Yes ❑No C. The amount of the deduction applicable is limited to$ D, other limitations or conditions(specify) E. The deduction is allowed for years'(see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone nunziler Date signed(month,day,year) Attested by(signature and title of attester) Designated body 'If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12,1-4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to.July 1,2000,the deduction period is limited to three(3),six(6),or ten(10)years. 2. If the Economic Revitalization Area was designated after June 20,2000,the deduction period may not exceed ten(10)years. C.For vacant buildings,the deduction period may not exceed two(2)years. Page 2 of 2 A PARS° OF THEWORTHMT QUAR7M OF -nON 17 A14D TOE NORTHEAST QUARTER OF SECT= 186 TOWNSHIP 38 NORTH, RA OE 2 EAST, ToyMS jp, CITY ` som SEND,S d JOSO4i COUNTY, INDJANAo MORE PARTICULARLY tsm As FLf ws. CWMD40NG AT THE NOR WUT CORNER OF THE ORTHNS QUARTER OF SZOTtON 17, SAID DR ER EONG MARKED BY A HARRISON TYPE MONUMENT; INENCE SOUTH 00 MMMS 12 MINUIES 46 SECONDS EAST, A 01$TANCE OF 010.31 FEET TQ THE p INT ' BElO €NINO; THENCE N'DRTK 89 DECREES 44 MINUTES 5 SECONDS EAR® A DISTAKCE OF 385.46 FEET T THE WEST RIGHT—OF—WAY UNE OF DYLM DRIVE AS RECORDW UNDER INSTR€1MeNT NUUSER 0647966 IN THE OMCE OF RECORDER OF SAID COUNT; THENCE SOUTH of) I)E{ EB 15 TNU'fES .35 SECOMOS EAST NG�®SAID PRAIRIE S gi p T— F�- A.Y UN ', p DISTANCE INSTRUMENT.F 91g.l-q NUMM 0814-357; THENCE SOUTH 89 DECREES: 44 MINUTFS 25 SECONDS WESt ALONG SAIL) NORTH TINE, A DISTANCE OF 386.22 FEET TO W BAST' ICE OF THE N " #EAS!g iQUARTER OF AID SECTION # CE CON71NUING SOUTH SS DEORMS 44 MINUTFS 2S SECONDS " ALONG SAID NORTH LINE OF PORTAGE PRAIRJE MINOR , A DISTANCe W 166,26 F T; T#°{��e NORTH € E I ES 1 MINnyE����.e'w11; 3 SECONDS;y,7�w QS'T AND PAR To SAID ST RI T—QF� AY LINE OF CRJ A QIST`oki OF 019.19 FEET; IMCE NORIH 69 DECREES 44 M(NL17ES 25 SEWNDS FAST, A DISTANCE OF 167,04 FEEr To THE POINT OP BE INKING; 9AID DIESMSED PARS CONTAINING 11.5,59 ACRM MORE OR JECT TO EASEMENTS, R T-OF'—WAY. COVENAM MO RESTRICTfous OF RECORD, c^nm,/ o NOW LA xr Vlkt qg &\ AW AA IN 110 lit 0 Ell 02 Ip qjw; UM Fig NCO PIR xv rn I . .S=RIDW 17 MD A PACT afits IN OR 0 TOWNkmr so Its r EXHIBIT C E + e F 6 3 . 4 ��y1 �`' �A ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT No. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT WHEREAS, the DIOCESE OF FORT WAYNE-SOUTH BEND, INC., an Indiana non-profit corporation (the "Diocese"), owns certain parcels of real estate located within the City of South Bend, including (a) a 5.62 acre parcel of land (together with improvements) located on the Northwest corner of State Route 933 and Angela Boulevard in South Bend,which has served as the primary site of Saint Joseph's High School (the "High School") since 1953 (the "School Site"), and (b) approximately 14 acres of land located West of the High School, of which approximately 2.7 acres (the "Parking and Field Area within the City") are located within the corporate limits of the City of South Bend. WHEREAS, the School Site and Parking and Field Area within the City (together, the "Subject Property") are currently zoned in the SF-2: Single Family and Two Family District and have been used as the site of the High School as permitted in the SF-2 zoning district. WHEREAS, in connection with completing construction of a new high school building and grounds for the relocation of the High School in the City of South Bend, the Diocese is transferring (a) the School Site to University of Notre Dame du Lac, an Indiana non-profit corporation ("Notre Dame"), and (b) the Parking and Field Area within the City to Holy Cross College, Inc., an Indiana non-profit corporation ("Holy Cross"). WHEREAS, the owner and contingent purchaers of the Subject Property desire that the Subject Property be rezoned to the "U" .University zoning district which supports the development, expansion and modernization of college or university campuses, in which a diversity of uses, functions and facilities are necessary, NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of each of the following described parcels of real estate in the City of South Bend, St. Joseph County, State of Indiana: Parcel I JSchool Site): THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A 518" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89°41'49" E., 592.13 FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 68 052'17" E., 147.42 FT, FROM A POINT ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89°41'49" E., 28.06 FT. FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89°41'49" E., 292.36 FT, TO A 518" CAPPED REBAR SET ON THE WEST LINE OF MICHIGAN STREET (U.S. #31); THENCE ALONG SAID WEST LINE AND A 2950.53 FT, RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 652.18 FT. TO THE END OF A CHORD WHICH BEARS N. 11003'53" E. AND HAVING A DISTANCE OF 650.83 FT. TO A FOUND 3/4" IRON PIPE; THENCE S. 89 041'49" W., 478.43 FT. TO A FOUND 314" IRON PIPE; THENCE AROUND A 3274.04 FT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BEARS S. 05°28'41" E. AND HAVING A DISTANCE OF 640.67 FT. TO THE POINT OF BEGINNING. CONTAINING 5.62 ACRES. Parcel It (Parking and Field Area within the City): THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36 AND PART OF THE SOUTHEAST QUARTER OF SECTION 35, T 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 36; THENCE ALONG THE SOUTH LINE OF SAID SECTION N. 89 041'49" E., 28.06 FT. TO A 518" CAPPED REBAR SET ON THE NORTH RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE ALONG SAID NORTH LINE AND AROUND 217.34 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 150.41 FT. TO THE END OF A CHORD WHICH BEARS N. 69 052'17" E. AND HAVING A DISTANCE OF 147.42 FT.; THENCE N. 89°41'49" E. 499.59 FT.; THENCE N. 00°46'26" W. 638.08 FT.; THENCE S. 89 041'49" W.; 1093.92 FT.; THENCE S. 00°46'26" E., 215.00 FT.; THENCE S. 49 055'49" E., 313.51 FT.; THENCE N. 89°41'49" E., 115.00 FT.; THENCE S. 00 046'26" E., 270.00 FT, TO THE SOUTH LINE OF SECTION 35; THENCE ALONG SAID SOUTH LINE N. 89 041'49" E., 75.00 FT. TO THE POINT OF BEGINNING; EXCLUDING THAT PORTION OF THE ABOVE REFERENCED PROPERTY LOCATED OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND. be and the same is hereby established as "U"University District. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common CounciP Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of September, 2012, at o'clock—.m. City Clerk Approved and signed by me on the day of September, 2012, at o'clock Mayor of the City of South Bend, Indiana Filed in 11 din C e - 5 2012 114 C 1,F05 V L, 1 st READING PUBLIC HIEAP,NG 3 rd READ!NG NOT ArPROVED REFERRED PASSED PETITION TO REZONE City ofSouth Bend, Indiana I (we) the undersigned make application to the Common Council of the City of South Bend, to amend the zoning ordinance as herein requested. 1) The property sought to he rezoned is located at: 1441 N. Michigan Street, South Bend, Indiana (Address(es) - if none, give the general location with the nearest intersection) Northwest corner of State Route 933 and Angela Boulevard in South Bend 2) The property Tax Key Number(s) is/are: Parcel I (School Site): 018-5125-443601 Parcel 11 (Parking and Field Area within the City): 018-5125-4436 3) Name and address of property owner(s) of the petition site: Name: Diocese of Fort Wayne-South Bend, Inc. c/o Saint Jospeh High School Address: 1441 N. Michigan Street South Bend, Indiana 46617 Attention: Susan Richter, Principal (574) 233-6137 4) Name and address of contingent purchaser(s), if applicable: Name: University of Notre Dame du Lac Address: Office of General Counsel 203 Main Building Notre Dame, Indiana 46556 Attn: Ms. Lois Jackson (574) 631-6411 Name: Holy Cross College, Inc. Address: 146 Vincent Building Notre Dame, Indiana 46556 Attn: Daniel Haverty, Vice President of Operations (574) 239-8350 5) It is desired and requested that this property be rezoned From: SF-2 Single Family and Two Family District To: U University District 6) This rezoning is requested to allow the following use(s): To provide flexilibty to (a) support the development, expansion and modernization of college or university campuses, in which a diversity of uses, functions and facilities are necessary, and (b) permit the use of the former Saint Joseph High School building as flexible administrative and other offices and laboratory and research uses, as well as permit the use of the existing paved parking areas located West of the building, as parking to serve the building as well as athletic fields and vacant property as contemplated by Holy Cross and Notre Dame. 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property, (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. In addition to the information above, Petitioner has provided a survey of the property subject to this Petition, together with aria] maps highlighting the subject areas for convenience. Signature(s) of All Property owners, or signature of Attorney for all property owner(s): -0 t PETITION PREPARED BY: Richard J. Deahl Barnes & Thornburg LLP 100 North Michigan Street, Suite 600 South Bend, IN 46601 (5 74) 237-11-1-3 1 Vk) rdeahl @btlaw.com CONTACT PERSON (SAME) LEGAL DESCRIPTION OF PROPERTY SUBJECT TO REZONING PETITION Parcel I (School Site): THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A 518" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89 041'49" E., 592.13 FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 68 052'17" E., 147.42 FT. FROM A POINT ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89°41'49" E., 28.06 FT, FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89°41'49" E., 292.36 FT. TO A 518" CAPPED REBAR SET ON THE WEST LINE OF MICHIGAN STREET(U.S. 431); THENCE ALONG SAID WEST LINE AND A 2950.53 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 652.18 FT. TO THE END OF A CHORD WHICH BEARS N. 11°03'53" E. AND HAVING A DISTANCE OF 650.83 FT. TO A FOUND 314" IRON PIPE; THENCE S. 89 041'49" W., 478.43 FT. TO A FOUND 3/4" IRON PIPE; THENCE AROUND A 3274.04 FT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BEARS S. 05°28'41" E. AND HAVING A DISTANCE OF 640.67 FT. TO THE POINT OF BEGINNING. CONTAINING 5.62 ACRES. Parcel II (Parking and Field Area within the City): THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36 AND PART OF THE SOUTHEAST QUARTER OF SECTION 35, T 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 36; THENCE ALONG THE SOUTH LINE OF SAID SECTION N. 89 041'49" E., 28.06 FT. TO A 5/8" CAPPED REBAR SET ON THE NORTH RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE ALONG SAID NORTH LINE AND AROUND 217.34 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 150.41 FT. TO THE END OF A CHORD WHICH BEARS N. 69°52!17" E. AND HAVING A DISTANCE OF 147.42 FT.; THENCE N. 89°41'49" E. 499.59 FT.; THENCE N. 00°46'26" W. 638.08 FT.; THENCE S. 89 041'49" W.; 1093.92 FT.; THENCE S. 00°46`26" E., 215.00 FT.; THENCE S. 49 055'49" E., 313.51 FT.; THENCE N. 89°41'49" E., 115.00 FT.; THENCE S. 00 046'26" E., 270.00 FT. TO THE SOUTH LINE OF SECTION 35; THENCE ALONG SAID SOUTH LINE N. 89 041'49" E., 75.00 FT. TO THE POINT OF BEGINNING; EXCLUDING THAT PORTION OF THE ABOVE REFERENCED PROPERTY LOCATED OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND. 8� ri g � 64 Ib wwWr3'IC Wa wwr.S Pxol \ . b 'af ��I Y B k Y aY 1 X a g � ga 8r gg g Ya + r 2 gill $ Yp � a� � yx g K I E� � �. 0 i a I ! a¢gyF �� og Vill ° 11a !} lit Ili, I�_ i pyp� p a 1 ya a a �gs N �kptl�p ��555��y Nil �! �� 85RQ ply ydpH E�eg��ib��� if� � . �r � �� � �p �9� � ��p ��i ��g� �PLa � a �� � �'�� Y14� { &g g�gg�gi�a�"' Pq lid PH � x4 101A �11 ,' 18 11 � � z 1q! B Hail g g 4 ���g4 S a is � � ���� 5:� g�� �n�F 5];"yP� 9 1 -11 All calf x �+ if s. g err YgP Y r iis i•� --- ' § �� _ rhr-+-•�1 Z 4 Y � ' �� e >w n - m _ _ � IW o it II rcl l # S s . I I� I stagp g IIIIIIIIIIII° t1r1T11I111f1 a i � e e :� Ei13E € s a s ITI ITI 1 I [ 1�"1"1 filliff I if I" O 4 gn PppaQi 9 Pi �g�� PY Y app � �14 , w � �`� d y � •.,0©�©15tr� X83"sP E��I �g��3 z ' Z pp i ypnaaa as P All g' s WNW.� I!g P�a . W 55 p w �'9y76�a a � �ge eGfr� 6R {74m I.a- r e..u0®O. i 9 ff Sa�P�� 7 I @y5s PaF§S6 J R9VT q VY@ EaroS':,.o]Tna:ro41SSS 4ai.91y'tnamnµE 4 t�:9•a15 a+."I 531tl ossv v 3N34 V —� ills o sa�9t✓� 9�Sa83�R�et$ a- i=�a � Fxli jS}F " E E-"'bX, baa d' .fTiliT4l i• I OP" C7 Q F trY�;LL^:ry Y — I BC �,.n 9L. S5agag6�r1 �F _ :�.neW..�sy�� wL !+N#+I1'�'I'I'11'IiNf#' s �,. E 1 of €c .fie 3A 10 g ti Vii� gcasE�bagaea I �J 1 1 i ` 1llt1WllH1C��f 0 0 5sao= y a fe I 111111 r\ ,1171 t LLJ LLJ �--�Lj z �� � „ � •p /yam 3 . yay -"ads c .Z € \ a \ a' \(7\ Q+ 3 E .=r?a?i =Q6 •p =4 a SLR F" Z3='E`�- V:: =-E TF La W _ oaa L Mtl 9eph Parcels County Parcels PARGELID NAME�1 MAILINGADD MAILINGCIT MAIL MAILIN IN GS GZIP DIOCESE OF FORT WAYNE SOUTH BEND 017-1022-044501 INC 1441 N Michigan St South Bend IN 46617 DIOCESE OF FORT WAYNE SOUTH BENZ) 018-5125-4436 W 1441 N Michigan St South Bend IN 46617 018-5125-443602 BROTHERS OF THE HOLY CROSS P 0 Box 460 Notre Dame IN 46556 018-5125-443601 ST JOSEPH CATHOLIC HIGH SCHOOL 1441 N Michigan St South Bend IN 48617 BROTHERS OF HOLY CROSS HOLY CROSS JUNIOR COLLEGE'SEE PROS 017-1023-044702 SPLIT FILE P O Box 460 Notre Dame IN 46556 BROTHERS OF HOLY CROSS HOLY 017-1023-044701 CROSS JUNIOR COLLEGE P 0 Box 460 Notre Dame IN 46556 1018-5130-4673 SAMORA F GEOFFREY 150 W Angela Blvd South Bend IN 46617 018-5130-4676 1BECKER MARY H 111 OAKWOOD DR Canonsburg IPA 15317 018 5130 4670 HINES ERIK&DEANNA 4418 S King Ct Chicago IL 60612 018-5130-4668 BRODEN JOHN E&JOSEPHINE M 1319 Ossego 5t South Bend IN 46617 018.5130-4678 MHENNIG PROPERTIES LLC SERIES 1 1439 Semar Ct Mount Prospect IL 60056 JOERS RONALD A TRUSTEE OF THE 018-5127-4485 RONALD A JOERS REVOCABLE TRUST 1919 Ridgewood Cr South Bend IN 46617 018-5130-4677 CASHORE MATT&MARIA L 1308 Otsego St South Bend IN 46617 FRESE JOHN J&WARWICK-FRESE 018-5127-4483 DOLORES 533 E Angola Blvd South Bend IN 46617 ODONNELL WILLIAM R&MARY B TRUSTEES OF THE ODONNELL FAMILY 018-5127-4482 TRUST DATED 11/18/1992 13040 Montessouri St Las Vegas NV 89117 018-5130-4669 CARLSON BRIAN JOHN 1315 Ostego Ave South Bend IN 46617 018-5115-4067 SMITH JESSICA LAINE 102 Angela South Bend IN 46617 ODONNEI_L WILLIAM R&MARY B TRUSTEES OF THE ODONNELL FAMILY 018-5127-4480 TRUST DATED 11/18/1992 3040 Montessouri St Las Vegas NV 89117 018-5127-450402 LINDBORG REAL.ESTATE LLC 138 N Angela South Bend IN 46617 018-5127-4504 MEMORIAL HEALTH SYSTEMS INC 615 N Michigan Ave South Bend IN 46601 NEUERBURG DUANE&KIMBERLY SHAFFER-NEUERBURGATTN: 018-5130-4667 REMITTANCE PROCESSING 202 W Angela Blvd South Bend IN 46617 018-5127-4481 ODONNELL WILLIAM R&MARY 3040 Montessouri St Las Vegas NV 89117 UNIV OF NOTRE DAME DU LAC CIO 017-1023-0447 ADMIN BLDG 725 Grace Hall Notre Dame IN 46556 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE RIGHT-OF-WAY WEST OF 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT WHEREAS, BROTHERS OF HOLY CROSS, INC.; an Indiana non-profit corporation ("BHC") owns a strip of properly (the "Strip") generally extending north-south, situated directly between and abutting property owned by the Diocese of Fort Wayne-South Bend, Inc. (the "Diocese") located (a) to the East of the Strip consisting of a 5.62 acre parcel of land (together with improvements) located on the Northwest corner of State Route 933 and Angela Boulevard in South Bend, which has served as the primary site of Saint Joseph's High School (the "School Site"), and (b) located to the West of the Strip consisting of approximately 14 acres of land, historically used as athletic fields and parking areas in connection with the School Site ("Parking and Fields"). WHERAS, the portion of the Strip located with the corporate limits of the City of South Bend (the "Subject Property") as well as the remainder of the Strip has historically been used, subject to terms of an easement agreement, for ingress/egress and for parking serving the School Site, Parking and Fields and property owned by BHC to the north of the Strip. WHEREAS, the Subject Property is currently zoned in the SF-2: Single Family and Two Family District. WHEREAS, in connection with completing construction of a new high school building and grounds for the relocation of the Saint Joseph High School in the City of South Bend, the Diocese is transferring (a) the School Site to University of Notre Dame du Lac, an Indiana non-profit corporation("Notre Dame"), and (b) the Parking and Fields to Holy Cross College, Inc., an Indiana non-profit corporation ("Holy Cross"). WHEREAS, BHC, as owner the Subject Property desires that the Subject Property be rezoned to the "U" University zoning district . which supports the development, expansion and modernization of college or university campuses, in which a diversity of uses, functions and facilities are necessary, including permitting the Subject Property to continue to be used for ingress/egress and parking purposes in an integrated manner serving all contiguous parcels. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described parcels of real estate in the City of South Bend, St. Joseph County, State of.Indiana: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A 5/8" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89041'49" E., 539.59. FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 69°62'17" E., 147.42 FT. FROM A POINT ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89 041'49" E., 28.06 FT. FROM THE SOUTHWEST CORNER OF SAID SECTION; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89°41'49" E., 52.54 FT.; THENCE AROUND A 3274.04 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BEARS N. 05 028'41" W. AND HAVING A DISTANCE OF 640.67 FT TO A FOUND 3/4" IRON PIPE; THENCE S. 00°4626" E. 638.08 FT TO THE POINT OF BEGINNING (CONTAINING 0.23 ACRES), TOGETHER WITH A FORTY (40) FOOT WIDE PARCEL OF GROUND, BEING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF THE NORTH LINE OF ANGELA BLVD. NORTH 89°41'49" EAST 28.06 FEET AND NORTH 69 052'17" EAST 147.42 FEET AND NORTH 89 041'49" EAST 499.59 FEET FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE NORTH 00 046'26" EAST 638.08 FEET; THENCE NORTH 89°41'4911 EAST 40.00 FEET; THENCE SOUTH 00°46'26" WEST 638.08 FEET TO THE NORTH LINE OF ANGELA BLVD; THENCE SOUTH 89 041'49" WEST ALONG SAID NORTH LINE 40.00 FEET TO THE POINT OF BEGINNING (CONTAINING .59 ACRES); EXCLUDING THAT PORTION OF THE ABOVE REFERENCED PROPERTY LOCATED OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND. be and the same is hereby established as "U" University District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Counc Rbhnf l E e:C --Ar✓ - . e 's t,'i : u 4 k2wa brat Attest: City CIerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of September,2012, at o'clock .m. City Clerk Approved and signed by me on the day of September, 2012, at o'clock .m. Mayor of the City of South Bend, Indiana { { i FO-d- 3 3 s; REA NG Nu:rlic HEARING � � 3rd RLADR4G NOT APPPOWD R IF,ERREU PASSED. PETITION TO REZONE City ofSo_uth Bend, Indiana I (we) the undersigned make application to the Common Council of the City of South Bend, to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1441 N. Michigan Street, South Bend, Indiana (Address(es) - if none, give the general location with the nearest intersection) 2) The property Tax Key Number(s) is/are: Parcel Key No.: 018-5125-443602 3) Name and address of property owner(s) of the petition site: Name: Brothers of Holy Cross, Inc. Address: 54515 State Road 933 Notre Dame, Indiana 46556 Attention: Brother Chester Freel, Provincial 4) Name and address of contingent purchaser(s), if applicable: NONE Name: N/A Address: 5) It is desired and requested that this property be rezoned From: SF-2 Single Family and Two Family District To: U University District 6) This rezoning is requested to allow the following use(s): To serve as access and parking in support of the use, development, expansion and modernization of college or university campuses, including permitting the continued use of the Subject Property for ingress/egress and parking purposes in an integrated manner serving all contiguous parcels. 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property, (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. In addition to the information above, Petitioner has provided an aria] maps highlighting the subject area for convenience. Signature(s) of All Property owners, or signature of Attorney for all property owner(s): Printed: Brother Chester Freel C.S.C. Title: Provincial PETITION PREPARED BY: Richard A. Nussbaum Sopko,Nussbaum, Inabnit & Kaczmarek 210 South Michigan Street 5"' Floor, Plaza Building South Bend, IN 46601 (574) 234-3000 dickn @sni-law_com CONTACT PERSON (SAME) LEGAL DESCRIPTION OF PROPERTY SUBJECT TO REZONING PETITION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A 518" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89°41'49" E., 539.59. FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 69°62'17" E., 147.42 FT. FROM A POINT ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89°41'49" E., 28.06 FT. FROM THE SOUTHWEST CORNER OF SAID SECTION; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89 041'49" E., 52.54 FT.; THENCE AROUND A 3274.04 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BEARS N. 05°28'41" W. AND HAVING A DISTANCE OF 640.67 FT TO A FOUND 3/4" IRON PIPE; THENCE S. 00°46'26" E. 638.08 FT TO THE POINT OF BEGINNING (CONTAINING 0.23 ACRES), TOGETHER WITH A FORTY (40) FOOT WIDE PARCEL OF GROUND, BEING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF THE NORTH LINE OF ANGELA BLVD. NORTH 89 041'49" EAST 28.06 FEET AND NORTH 69°52'17" EAST 147.42 FEET AND NORTH 89 041'49" EAST 499.59 FEET FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE NORTH 00 046'26" EAST 638.08 FEET; THENCE NORTH 89°41'49" EAST 40.00 FEET; THENCE SOUTH 00°46'26" WEST 638.08 FEET TO THE NORTH LINE OF ANGELA BLVD; THENCE SOUTH 89°41'49" WEST ALONG SAID NORTH LINE 40.00 FEET TO THE POINT OF BEGINNING (CONTAINING .59 ACRES); EXCLUDING THAT PORTION OF THE ABOVE REFERENCED PROPERTY LOCATED OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND. ArcIMS Viewer Ma U r t a t�3y?��-S�asoy Legend [ L,_-! 51-Joseph Parcels#Counly Parcels Elkhart#Incar,�oraled Gigs O51.Joseph4Inwiparaled CMOs ElkharWCivp Torxnshjts E&haOCounty Boundary St.JosephtlCounly Eoondanj 2010 Pktosntetry AeMir. 7 1�ibi. 18E1 1 :.t 1 2000 Aerial Photography ' hiss lbb i�48.18.. 16E7,' 5.4'19�1 1}t6-67iJE1+l 01 'i: A]3 1:6 !618ki90%i8t5D 616613C-0 0183i7Edd�53 'sji&5136-0653 Di6;�513rs�1.. 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FHOLY 14,8 a 017-1022-0445 CROSS JUNIOR COLLEGE P 08ox 480 Nohe Dame IN 46556 O South Bentl DIOCESE OF FORT WAYNE SO UTH OLY 018-5125-4436 BEND IN 1441 N Michigan St South Bend JIN 46617 L South Bend 6 018-5125-443602 BROTHERS OF THE HCLY GROSS P O Box 460 Notre Dame IIN 4655 165.1AC57JOE 7 016-5125-443601 ST JOSEPH CATHOLIC HIGH SCHOOL 1441 N Michigan St South Bend IN 46817 CATH H.S_ South Berta POINT AT NORTH SHORE WOODS 181 255AC NORTH 8 018-5134-481305 ASSOCIATION LNG THE 1719 W Nolhshore Or South Bend IN 46624 SHORE WOOD Saulh Bend BROTHERS OF HOLY CROSS HOLY CROSS JUNIOR COLLEGE'SEE PROS I 61 0 AC HOLY 91017-1023-044702 SPLIT FILE' P 0 Box 460 NnOe tame IN 4855 CROSS COI-LE South Bend 1722 ] 018-5134-451721 HAKIM2ADEH HOSSEIN 1722 North Shore Or South Bend IN 46617 0 NORTHSHORE South Bend 1722 £1 018-5134-487327 HAWM7ADEH HOSSEIN 1722 North Shore Or South Bend IN 46617 NOR7HSHORE South Bend BROTHERS OF HOLY CROSS HOLY t8 36.62 AC HOLY 121017-1023-n44701 CROSS JUNIOR COLLEGE P O Box 460 Notre Dame JIN 4655 0 CROSS COLL South Bend LA DOLGE VITA PROPERTIES 13 0#8.5130.4645 LLC'MISC 35 W 33rd Street Apt#14D New Yark INY 10001 VIL HILLCREST South Bend 14 018-5130-4673 SAMORA F GEOFFREY 150 W Angela Blvd South Band IN 4661 0 150 W ANGELA South Bend LA DOLCE VITA PROPERTIES 15 01 B-5130-4647 LLC'M151'. 35 W 33rd Street Apt 140 New York NY t 0001 0 1330 N LAFAYETTE South Bend 16 Ot B-51344650 SODS ANGELA GISELLE 1318 N Lafayette Blvd South Bend IN 46617 0 1318 N LAFAYETTE South Bend LA DOLCE VITA PROPERTIES VIL ADJ 1330 N 17 CIB-5130AB48 LLC'MISC 35 W 33rd Street Apt 141) ]Y.,k NY 10001 LAFAYETTE Sout h Bend 1 018-51304676 BECKER MARY H 111 OAKWOOD DR PA 1_17 p 1310 OSTEGO South Bend 19 918-513Q-4670 HINES ERfK d DEANNA 4418 5 King CI IL 8061 1369 OSTEGO South Bend t015-5130-4663$019 LAMANNA RICHARb 315 W Angela 81 Suidh Bend IN 46617 0 31$ANGELA South Bend LA DOLCE VITA PROPERTIES 4646 LLC'MSC 35 W 33rd St Apt 140 New York NY 10001 VR HILLCREST South Bend VAC LOT 214 020 LPMANNA RICHARD 315 W Angela BI South Bend IN 4661 0 ANGELA South Bend BRODEN JOHN E&JOSEPHINE M 1319 Ottego St South Bend IN 4691 0 1318 OSTEGO 326 ANGELA LOT 030 SZYMCZ4K RICHARD E d FRANCIA E 1134801aoonDr South Bend iN 46614 294 South Bend VAC LOT 292 25 018-51385032 MONFY MA7THEW 1318 W Angela Blvd South Bend IN 46817 0 ANGELA South Bend 2601&5138-5033 MONEYMATTHEW I'll WAngela Blvd South Bend IN 466#7 0318 ANGELA South Bend 27 018-5130.4649 HABAS JAN W&BARBARA K 11322 N Lafayette Blvd South Bend IN 4661 0 1322 LAFAYETTE South Bend J011!-51304678 MHENNIG PROPERTIES LLC SERIES 1 1,439 Bomar Cl Mount Prospect iL 6005 0 147 W POKJ4GON South Bend 29 018-5130-4672 LVPRESTO ROCCO JOHN 217 W Pakagorl South Bend JIN 46697 0 217 POKAGON South Bend 1 1 616-5130-4664 SMITH PAN DALL BRIAN 1310 Hillcrest Rd South Bend IN 45817 131D HILLCRFST South Bend 31 C76-5138.5034 FARMWALD DOUGLAS F S BRENDA 314 W ANGELA BLVD South Bend W 46617 C 314 ANGELA South Bend 32 618-51385038 ALORfDGE ELVIN E 306 W Angela Blvd South Bend W 46617 0 306 ANGELA South Bend J018-5138rS037 CUMMINS ALICIA D 302 W Angela Blvd Soalh Bend IN 46617 C 302 ANGELA South Bend 34101 B-5130-4677 CASHORE MATT&MARIA L It 308 Otsego 51 South Bend JIN 46617 0 1308 OTSEGO South Bend 35 046-5130-4671 L1PRES70 ROCCO JOHN 1217 W Pekagan South Bend JN 46617 0 218 POKAGON ROW#AND ANTHONY F&COLETTE RES LIFE EST A.REMAINDER TO RACHEL F DAVIES&JESSICA MARY 35 07 857 30-4665 FELTES 1302 Hllcrest South Bend JIN 46617 0 1302 HILLCREST South Bentl 37 018.5130-4669 CARLSON BRIAN JOHN 1315 Ostego Ave South Send JIN 46617 0 1315 OSTEGO South Bend 36 01853301662 650 WEST GOLF LLC 110 W Golf Rd Schaumhurg JIL 60195 0----HILLCREST South Bend 39 018-5127.450402 LINDSORG REAL ESTATE LLC 138 N Angela South Bend IN 46617 VIL POKAGON J,,,8-51274504 MEMORIAL HEALTH SYSTEMS fNC 615 N Michigan AV. South Bend IN 46601 0 1345 MICHIGAN South Bend NEUERBVRG DUANE&KIMBERLY SHAFFFR-NEL1ERBVRGATTN: 202 W ANGELA 41 018-5130-4667 REMITTANCE PROCESSING 202 W Angela Blvd South send IN 486i 0 BLVD South Bend 421016-5130-4663 650 WEST GOLF LLC 110 Weet Golf Rd Schaumburg IL 60185 216 ANGPL4 South Bend 43 018-5133.5014 OOLLINS RICHARD BERNARD JR 1405 W.Angela Blvd. South Bend IIN 46617 405 ANGELA South Bend #018-51U-5018 EA.Misc ETTY 325 W Angela South Bend I 46517 325 ANGELA South Bend BERT M.AND MARGARET 1321 W.Angela Blvd. South Eend IN 46617 0 321 ANGELA South Bend OWSLEY 'E'l L JR 8 SUSAN 317 W Angela Blvd South Bend JIN 46617 0 317 ANGELA South Bend 471018-5136-5021 COSTELLO PAUL 0 8 ESTHER A 303 W Angela BI South Bend]IN 46617 303 ANGELA South Bentl ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT (709/711 Lincoln Way East, South Bend), COUNCILMANIC DISTRICT (District 2) IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Property is currently zoned MF1, and I would like to rezone to SF2, Single Family Residential, for single family purposes. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: (Lot 66 and Lot "C", Edgwater Place Addition) be and the same is hereby established as (SF2, 1 and 2 family district) SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Coun ii a h Attest: ti City Clerk Presented B\mcm the Mayor o the City o South Bend, Indiana onmc day of , 20 , at_o'clock .m. City Clerk Approved and QR J by me onthe day of , 20 , at-o'clock . .m. Mho of the City of South Bend, Indiana` A ` Zu c", Wo . � Id READING PUBLIC H�mRG 3g R E A 2NG NOIEWVED REFERRED PASSED PETITION TO REZONE Cit o Sauth Bend Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: (709/711 Lincoln Way East, South Bend,Indiana) 2) The property Tax Key Number(s)is/are: (18-3039-1525) (Key#2) (Key#3) 3) Name and address of property owner(s) of the petition site: Eric Ford 25952 Northland Crossing Elkhart,Indiana 46514 , (208) 881-2422 ( ) contact @aveoarts.com For additional owners,reprint additional pages with signatures 4) Name and address of contingent purchaser(s),if applicable: Not Applicable For additional owners,reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: x 4 From: (MF1 urban quarter multi-family district)District Z� 2 To: (SF2 single family and two family district)District Jul'l�. - , i 6) This rezoning is requested to allow the following use(s): (Single Family) JOHN vo rqDE 3 7) Attached, and made a part of this PETITION,is: (a)a copy of a legal description of the property; (b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (c)addressed,stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature(s)of All Property owner(s),or signature of Attorney for all property owner(s): Eric Ford 25952 Northland Crossing Elkhart, IN 46514 (208)881-2422 contact @aveoart.com CONTACT PERSON: (If different) (Name) (Address) (City), (State) (Zip Code) ((Area Code))(Phone number) (E-Mail Address) eels County Parcels MAILINGAD MAIL MAILINGZ PROP ADD PRO P_S PROP_ Rec PARCELID NAME-1 D MAILINGCIT INGS IP R_ PROP CITY TAT ZIP TA E SOUTH BEND REDEVELOPME NT 018-3030- AUTHORITYPRO 1200 County 1 1135 BLEM DEED City Bldg South Bend IN 46601 613 SOUTH South Bend IN 46601 SOUTH BEND 018-3030- REDEVELOPME 1200 County 2 1137 NT AUTHORITY City Bldg. South Bend IN 46601 SOUTH ST South Bend 1N 46601 CITY OF SOUTH 018-3030- BEND DEPT OF 1200 County 3 1138 REDEVEL City Bldg South Bend IN 46601 636 LWE South Bend IN 46601 SOUTH BEND REDEVELOPME NT 018-3030- AUTHORITYPRO 1200. County 411134 BLEM DEED City Bldg. South Bend IN 46601 626 LWE South Bend IN 46601 SOUTH BEND REDEVELOPME NT 018-3030- AUTHORITYPRO 1200 County 5 1133 BLEM DEED City Bldg South Bend IN 46601 622 LWE South Bend IN 46601 018-3031- QUDDOURA 50712 6 1168 NAJI A Mercury Dr Granger IN 46530 712 SOUTH South Bend IN 46601 625 018-3030- LINCOLNWA 7 1097 SHEETS VERL R 631 LWE South Bend VN 46601 Y EAST South Bend IN 46616 018-3039- SHERK GAIE 548 River 548 RIVER 8 1523 LYNNE Avenue South Bend IN 46601 AV South Bend IN 46601 KOKOT DALE A 15347 018-3039- MARCIA A Roscommon 536 RIVER A-1515 KOVAS-KOKOT Ln Granger IN 46530 AV 46618 018-3039- 521 RIVER 10 1503 NOWAK NEAL N 521 River Av South Bend IN 46601 AV South Bend IN 46601 549 018-3039- FIFTH THIRD REO Overland EDGEWATE 11 1524 BANK Department Park KS 662071 R DR 46618 ROLAND HARVEY P SPOUSAL TRUST ZEFF A One WEISS American 018-3031- TRUSTEE%ICE Square Box 121202 MILLER 82001 Indianapolis IN 1 46282 732 LWE 1 46618 FINANCIAL 018-3031- INTELLIGENCE 10900183rd 13 1196 GROUP INC St Ste 130 Cerritos CA 90703 726 LWE 46618 WILLIAMS GARRY A&LIFE ESTATE TO FREDDIE MAE W I.LLIAMSSEE 018-3031- TRANSFER 624 14 1193 NOTE 624 Clinton South Bend IN 46801 CLINTON 46618 DOWD 018-3039- MATTHEW F& 559 RIVER 15 1535 AMY 559 RiverAv South Bend IN 46601 AV 46618 018-3039- HENRY EUGENE 537 RIVER 16 1514 W&ALICE W 537 River Av South Bend PN 46601 AVE South Bend I IN 46601 018-3031- BAKER 314S 631 17 1198 RAYMOND E WALNUT ST South Bend IN 46601 BRONSON 46618 MANAHAN MICHAEL E& AMY E 112 INT& 018-3031- PATRICK& 637 E 637 18 119801 SUSAN 112 Bronson St South Bend IN 46619 13RONSON South Bend IN 46619 018-3031- MERRYFIELD 620S 19 1192 STEPHANIE C 620 S Clinton South Bend IN 46601 CLINTON South Bend IN 46601 KMM 52284 018-3031- PROPERTIES Dorchester 20 1201 LLC Ct Granger IN 46530 728 LWE 46618 018-3031- JAMISON 521 Eclipse 643 21 1200 GEORGIANNA Place South Bend IN 4662$ BRONSON 46618 COTTAGE ONE 018-3031- PROPERTIES 536 Webster 639 22 1199 INC St Mishawaka IN 46545 BRONSON 46618 018-3031- MERRYFIELD VAC LOT 54 2311191 STEPHANIE C 620 S Clinton South Bend 1N 46601 CLINTON South Bend IIN 46601 018-3040- MCFADDEN ANN 810 ARCH 24 1550 C 810 Arch South Bend IN 46601 AV 46618 WAINAINA 709 711 018-3039- JOSPHAT& 8894 Harvest LINCOLNWA 25 1525 NGUGI JOYCE Hill Way Elk Grove CA 966241Y EAST ST 46618 US BANK CUSTODIAN 50th South 705 E 018-3039° FOR LIENLOGIC 16th S#s#e LINCOLN 26 1521 FUND 1 LLC 1950 Philadelphia PA 19102 IWAY ST South Bend IN 46616 WAINAINA 18 VAC LOT 018-3039- JOSPHAT& 8894 Harvest 700 BLK 27 1529 NGUGI JOYCE Hill Way Elk Grove CA 95624 LWE ST 46618 CITY OF SOUTH 711 BEND DEPT OF BRONSON+ 018-3031- REDEVELOPME .County City 742-744 28 1203 NT Bldg South Bend IN 46601 LWE 46618 PNC BANK 018-3031- NATIONAL 3232 616 29 1190 ASSOCIATION Newmark Dr Miamisburg OH 45342 CLINTON 46618 LARA 018-3031- PROPERTIES 1324 W 720 724 301195 CORPORATION Western Ave South Bend IN 46619 LWE 46618 018-3039- SUNRISE P O Box Fort 709 ARCH 31 1531 IATLANTIC CORP 5707 Lauderdale FL 33310 IAV South Bend IN 46601 HERNANDEZ REYNALDO F 018-3031- AND GLENDA 702 E South 32 117001 RAE WILKIE St South Bend IN 46601 702 SOUTH South Bend IN 46601 018-3031- 33 1169 FEITZ BOB E PO Box 468 Lakeville IN 46536 708 SOUTH South Bend IN 46601 REYNALDO F 018-3031- AND GLENDA 702 E South 608 34 1170 RAE S# South Bend JIN 46601 CLINTON ISouth Bend IN 46601 018-3031- OUDDOURA 50712 35 1165 NAJI A Mercury Dr Granger IN 46530 702 LWE South Bend IN 46601 2043-SOUTH 018-3039- ARGES EYTIHIA BEND AVE 713 ARCH 36 1533 S #145 South Bend IN 46637 AV South Bend IN 46616 KLINE PHILIP D &FAUGHT 018-3039- MICHAEL E JT 37 1543 W/ROS 725 LWE South Bend IN 46601 1 729 LWE ISouth Bend JIN 1 46601 018-3038- 703 US 38 144301 CENTON LLC Highway 30 Valparaiso IN 46383 735 LWE 46618 018-3031- DIXON JOSEPH 612 Clinton 612 39 1171 YATES St South Bend IN 46601 CLINTON South Bend IN 46601 018-3031- DIXON JOSEPH 612 Clinton 40 117002 YATES St South Bend IN 46601 018-3031- QUDDOURA 50712 41.1167 NAJI A Mercury Dr Granger IN 46530 718 LWE South Bend IN 46601 300 S St 018-303$• DEGANI YOAV& Louis Blvd 733 42 1459 LIOR #103 South Bend IN 46634 BRONSON South Bend IN 46601 KLINE PHILIP D & FAUGHT 018-3039- MICHAEL E JT 43 1542 W/ROS 725 LWE South Bend IN 46601 725 LWE South Bend IN 46601 GREENE THOMAS F LIVING TRUST THOMAS F GREENE&HIS SUCCESSOR AS TRUSTEES& LIFE ESTATE 209 N 018-3039- FOR ROBERT L Intermediate 710 ARCH 44 1544 GREENE Lake Rd Central Lake MI 49622 ST 46618 FARR RONALD 018-3038- E&ELIZABETH 740 E 735 45 1460 A Bronson South Bend IN 46601 BRONSON 46618 018-3031- QUDDOURA 50712 712,714 4611166 NAJI A Mercury Dr Granger IN 46530 LWE South Bend IN 46601 721 721 018-3039- Lincolnway LINCOLNWA 47 1541 BURKE JAMES A East South Bend IN 46616 Y EAST RD 46618 018-3039- BISHOP BRIAN 714 ARCH 48 1545 J.AND LISA M. 714 Arch South Bend IN 46601 ST 46618 DAVIS 018-3039- CHRISTOPHER 718 Arch 718 ARCH 49:1546 A&SARAH G Street South Bend IN 46601 ST 46618 MCCORMICK 01$-3039- JAMESPROBLE 26142 Twin 722 ARCH 5011547 M DEED Lakes Trail ISouth Bend IN 4662$ AVENUE South Bend IN 46601 SOUTH BEND REDEVELOPME NT 018-3030- AUTHORITYPRO 1200 County . 51 1136 BLEM DEED City Bldg. South Bend IN 46601 701 SOUTH South Bend IN 46601 717 018-3039- 510 River LINCOLNWA 52 1530 PATRICK LYNN Ave South Bend IN 46601 Y EAST ST 46618 018-3040- BANKO CAPITAL 2043 South 726 ARCH 53 1548 LP Bend Ave South Bend IN 46635 AV 46618 GLADIEUX 018-3040- ROBERT J& 802 ARCH 54 1549 INGEBORG H 802 Arch Av South Bend IN 46601 AV 46618 018-3039- KURTZ STEVEN 553 River 553 RIVER 55 1532 J Ave 46618 AV 46B18 MITTIGA MARIASEE 018-3039- TRANSFER 26142 Twin 549 RIVER 5611526 NOTE Lakes Tr? South Bend IN 46628 AV 46618 18 VAC LOT 018-3039- RUPERT ALAN 525 River 500 BLK 57 1509 BRIAN Ave South Bend IN 46601 RIVER AV 46616 639 018-3030- 148 N 29th LINCOLNWA 58 1100 INEAL MIKE St South Bend IN 46615 Y EAST South Bend IN 46616 018-3039- WHITTMAN 557 River 557 RIVER 59 1534 ANITA M Ave South Bend IN 46601 AVE South Bend IN 46601 621 018-3030- ERDMAN DIANE 10186 LINCOLNWA 60 1096 J Charles St Osceola IN 46561 Y EAST South Bend IN 46616 018-3039- CAPERS 2215 61 1517 THOMAS Inglewood South Bend IN 46616 701 LWE South Bend IN 1 46616 018-3039- ARNOLD 805 ARCH 62 1539 LAURIE L 805 Arch Ave South Bend IN 46601 AV 46618 631 018-3030- LINCOLNWA 63 1098 SHEETS VERL R 631 LWE South Bend IN 46601 Y EAST South Bend IN 46616 018-3039- DAY ROCHELLE 547 River 547 RIVER 64 1522 M Ave South Bend PN 46601 AV 46618 635 018-3030- 601 E LINCOLNWA 65 1099 SHEETS VERL Bronson St South Bend IN 46601 Y EAST South Bend IN 46616 018-3039- 18 A Kubovy Jerusalem, 545 RIVER 66 1518 ADLER JAKOV St Israel 96757 AV 46618 018-3039- ALVAREZ 556 River 556 RIVER 67 1536 DANIEL Ave South Bend IN 46601 AV South Bond IN 46601 018-3039- PFLEDDERER 815 ARCH 6811540 JASON 815 Arch Av South Bend IN 46601 AV South Bend IN 46601 018.3039- GARLAND 552 RIVER 69 1527 BARBARA H 552 River Av South Bend IN 46601 AV South Bend IN 46601 557 557 018-3039- ASSIMOS Edgewater EDGEWATE 70 1537 FOTINE Dr South Bend €N 46601 R DR 46618 018-3039- CIEPLINSKI 533 River 533 RIVER 71 1511 EUGENE J Ave South Bend IN 46601 AV 46618 DELARUELLE 553 553 018-3039- LARRY G AND Edgewater EDGEWATE 72 1528 GEORGINA Dr South Bend I IN 466011 R DR 46618 ROZMARYNOW 018-3039- SKI DAVID L& 540 RIVER 73 1519 JENNIFER E 540 River Av South Bend IN 46601 AV 46618 018-3039- RUPERT ALAN 525 River 525 RIVER 74 1506 BRIAN Ave South Bend IN 46601 AV 46618 018-3039- SENFF 532 RIVER 75 1512 BENJAMIN R 532 River Av South Bend IN 46601 AV 46618 078-3039- 517 RIVER 76 1500 ZIMMER LEAH R 517 River Av South Bend IN 46601 AV 46618 TURNOCK 543 543 018-3039- DOUGLAS Edgewater EDGEWATE 77 1520 WAYNE Dr South Bend IN 46628 R DR 46618 GRUMMELL 618 018-3039- LARRY A& Studebaker 528 RIVER 780510 JAMES Street Mishawaka IN 46544 AV 46618 018-3039- LALA TONY J& 524 River 524 RIVER 79 1507 JESSICA L Ave South Bend IN 46601 AV 1 46618 PIETRZAK 537 537 018-3039- JOSEPH S& Edgewater EDGEWATE 80 1516 JUDITH A Dr South Bend IN 46601 R DR 46618 GASP 611 018-3030- ENTERPRISES 1621 Bowling LfNCOLNWA 81 1091 LTD Oakwood Ct Green OH 43402 YEAST S 14 ice JUL - 5 201 lit k `SON V1x ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABIsISHING HISTORIC I,ANDMARK S'T'ATUS FOR TIIE STRUCTURE AND REAL PROPERTY KNOWN AS THE AVON THEATRE AND LOCATE I) AT 307 SOUTH MICHIGAN, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT On July 12, 2012, the Historic Preservation Commission of South Bend and St. Joseph County held a public hearing to consider landmark status for the Avon "Theatre located at 307 South Michigan, South Fiend, IN 46601. At the meeting, the historic Preservation Commission adopted a proposal to recommend to the Common Council that the Avon Theatre be designated as a Historic I.,andmark pursuant to South Bend City Ordinance No. 5565-73, as amended. The historic Preservation Commission further declared that the Avon Theatre be placed under interim protection under the authority granted by South Bend City Code Section 21-13.02 subsection (d)(5). The staff of the Commission has prepared a report and recommendation for the Commission, which has heard and discussed the recommendation of the staff for the designation of the Avon Theatre as a Historic Landmark. Based on the Commission's Local Landmark Criteria adopted by the Common Council, the Avon Theatre meets two of the criteria for Local Landmark Status: 1. Its embodiment of elements of architectural design, detail, material or craftsmanship which represent an architectural characteristic or innovation. The building fulfills criteria #1 as a re-repurposed 1900 commercial structure that in 1926 was developed into the Strand Theatre which opened in 1927. The unique two storey terra cotta fagade was installed at this time. The first storey was remodeled in 1949 at the same time as the interior was updated, modernized and was re-named The Avon Theatre. 2. Its suitability for preservation. The building fulfills criteria #2 because of the unique, ornate terra cotta second storey fagade. The Avon Theatre is the only surviving example of a small theatre in South Bend. The Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Avon Theatre as a Historic I.,andmark and for delivering a recommendation to the Common Council, and following the public hearing, the Commission has given its favorable recommendation to the Common Council of the City of South Bend to designate the Avon Theatre as a Historic Landmark pursuant to Ordinance No. 5565-73, as amended. NOW, THEREFORE, BE IT ORDAINED I3Y THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Designation. The structure and real property known as the Avon Theatre and located at 307 South Michigan Street, in the City of South Bend, Indiana, shall be and hereby are designated and established as a Historic Landmark pursuant to Ordinance No. 5565-73, as amended. That such designated and established Historic Landmark is more particularly described as: The North 44.75 feet of Lot Numbered Two Hundred Ninety-six (296) as shown on the recorded Original Plat of the Town, now City of South Bend, Tax Key No. 18-3008-027801 Section 2. I?ffective Date. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor according to law. Member of the Common Counci ATTEST: ,{�� CAI,, City Clerk old egg Presented by me to the Mayor of the City of South Bend, Indiana on day of 2012, at o'clock M. City Clerk Approved and signed by me on the-day of 2012, at o'clock M. Mayor of the City of South Bend, Indiana O�- :ADNG eLtaq-_- HEARING 3,.j READING L NOT APPRO.M. RHERRED CITY PASSED, 309 South Michigan THE AVON THEATRE Based on the HPC's Local Landmarks Criteria as adopted by the Common Council, the site at 309 South Michigan can be recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The criteria are as follows: 1. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria#1 as a re-repurposed 1900 commercial structure that in 1926 was developed into the Strand Theatre which opened in 1927. The unique two storey terra cotta facade was installed at this time. The first storey was remodeled in 1949 at the same time as the interior was updated, modernized and was re-named The Avon Theatre The building fulfills criteria##2 because of the unique, ornate terra cotta second storey facade. The Avon Theatre is only surviving example of a small theatre in South Bend. Filed g THE AVON THEATRE STAFF REPORT The building was reviewed by Staff, Timothy Klusczinski, Brad Dennis of Ziolkowski Construction,Fritz Herget of Arsee Engineers, with Bruce Burnett and Dave Wilcox Facilities managers for the Library and Tamara Nichol-Smith of DTSB. The building's exterior terra cotta appeared to be in fair to good condition on the second storey and capable of restoration—but dependent upon availability of funding. The first storey is covered in plywood the condition of the terra cotta according to the Library was that pieces were missing and the "store front"was not in good shape. The interior had been stripped out of all remnants of the theatre and used for storage. It appeared to be structurally sound and could be adaptively re-used—but again subject to a source of funding. The Commission may decide to pursue land marking for the Avon Theatre in its entirety or just for the preservation of the terra cotta facade which would then place the building under interim protection for six months or until a satisfactory solution could be found. I pL3 TI# South Bend and St. Joseph County µ15S10 µ NF 8� HIS'T'ORIC PRESERVATION COMMISSION yG° 9s pl 11111i1�1i�I�� ,d Jz1 11r� o� 227 WEST JEFFERSON BLVD. OLL PEA GF/ SOUTH BEND, IN 46601-1830 0 b rte- Phone: 574-235-9798 Fax: 574-235-957$ 1865 e-mail: Sl3SJCHPC@co-st-joseph.in.us Timothy S.Klusczinski,President A Certified Local Government Catherine D.Hostetler,Director 16 July 2012 South Bend Common. Council 455 County-City Building 227 West jcffcrson .South Bend, IN 46601-1830 Dear Members of the Council, Please find the attached Ordinance which has been prepared for introduction to the Common Council. The purpose oft his ordinance is to establish the property at 307 S. Michigan Street, also known as The Avon Tlzearire, as an Historic Landmark. At its Public Hearing on 12 July 2012, the Historic Preservation Commission recommended designation of this property to the Common Council. A copy of the Staff's favorable review and recommendation regarding this property are also enclosed. Sincerely, Catherine ostetler, Director leW Office L7Y - _j.s COU 1�D,IN COMMISSIONERS Jerry A.Niezgodski(Vice President) Lynn Patrick (Secretary) Sandra L.Rossow Kevin Buccellato,R.A.. David Steinhauer, Michael Voll Alice McLane Architectural Historian ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 6, ARTICLE I, SECTION 6-4.1(4) OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FIRE DEPARTMENT COMMERCIAL PLAN REVIEW FEES STATEMENT OF PURPOSE AND INTENT The South Bend Municipal Code at Chapter 6, Article 1, Section 6-4.1(4) presently requires a flat fee of$253.00 for the Fire Department Commercial Plan Review of any addition remodeling project. In the course of charging this fee, it has become apparent that a sliding scale fee based on the cost of a remodeling construction project under $58,001.00 is fairer and more equitable to property owners. Accordingly, the South Bend Municipal Code amendment contained in this Ordinance results in a substantial fee reduction, and is in the best interest of the citizens of South Bend. NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION L Chapter 6, Article 1, Section 6-4.1 (4) of the South Bend Municipal Code be and hereby is amended to read as follows: 4) Fire Department Commercial Plan Review Fees: a. Sprinklered Building $348.00 b. Non-sprinklered Building $205.00 e. AddifiepO�emedel $253.0-0 c. Addition $253.00 d Remodel—.under$58,001 as follows: $1.00 to 1,000.00. .._ _....,......._ .........$ 45.00 1,001.00 to 2,000.00. ,..- _........� 50.00 2,001.00 to 3,000.00. ,. .,,,.. 55.00 3,001.00 to 4,000.00. ... 60.00 4,001.00 to 5 000.00. . ..W _ 65.00 5,001.00 to 6,000.00. 6,001.00 to 7,000.00. 75.00 7,001.00 to 8,000.00._ ,.. 80.00 8,001.00 to 0,000.00 85.00 9,001.00 to 10,000.00.................................... - ,.,._ 10,001.00 to 11,000.00. . 95.00 1001.00 to 12,000.00. 100.00 12,001 00 to 13,000 00. 105.00 13,00 1.00 to 14 000.00. 110.00 14 001.00 to 15,000-00. 115.00 15,001.00 to 16,000.00. 120.00 16,00 1.00 to 17,000.00. 125.00 17 001.00 to 18,000.00. 130.00 18,001.00 to 19,000.00. 13100 19 001.00 to 20,000.00. 136.00 20,001.00 to 21 000.00. 139.00 21 001.00 to 22,000.00. 142.00 22,001.00 to 23,000.00.... 145.00 23,001.00 to 24,000.00. 148.00 24,001.00 to 25,000.00. 151.00 25,001.00 to 26,000-00. 154.00 26 001.00 to 27,000.00. 157.00 27 001.00 to 28,000.00. 160.00 28,00 1.00 to 29,000.00. 163.00 29,001.00 to 30,,000.00. 166.00 30 001.00 to 31,000.00. 169.00 ............ . 31,00 1.00 to 32 000.00............................................................................................ 172.00 32 001.00 to 33,000.00. 175.00 33 001.00 to 34,000.00. 178.00 34 001.00 to 35,000.00. 181.00 35 001.00 to 36,000.00............................................................................................ 184.00 36 001.00 to 37 000.00........................................................................................... 187.00 37 001.00 to 38 000.00............................................................................................ 190.00 38 001.00 to 39,000.00. 193.00 39 001.00 to 40 000.00. 196.00 40 001.00 to 41 000.00............................................................................................ 199.00 41 001.00 to 42,000.00. 202.00 42 001.00 to 43 000.00............................................................................................ 205.00 43 001.00 to 44,000.00. 208.00 44 001.00 to 45,000.00. 211.00 45,001.00 to 46 000.00............................................................................................ 214.00 46 001.00 to 47,000.00. 217.00 4_7_,001.00 to 48.000.00.................................................................I.........................._220.00 48 001.00 to 49,000.00. T 223.00 49 001.00 to 50,000.00. 226.00 50 001.00 to 51,000.00............................................................................................_229.00 51,001.00 to 52,000-00............................................................................................ 232.00 52,001.00 to 53 000.00............................................................................................ 235.00 53 001.00 to 54,000.00. 238.00 54 001.00 to 55.000.00............................................................................................ 241.00 55,001.00 to 56,000.00. 244.00 56 001.00 to 57,000.00............................................................................................ 247.00 57 001.00 to 58,000.00............................................................................................ 250.00 e. Remodeling over$58,,000 $253.00 ,av rU 12,22 S.MICHIGAN S'SEE \�••\\ �% Z y� SOUTH BEND,INDIANA 466oi-2822 }�: \PEACE' % C� PRONE S 'M z35-9255 .„ FAX 57412,35-9305 n At k 1865 CITY OF SOUTH BEND PETE BuTTiGTEG,MAYOR SOUTH BEN1D FIRE DEPARTMENT STEPHEN F. Cox FIRE CHIEF President Derek Dieter South Bend Common Council County-City Building South Bend, IN 46601 President Dieter: The South Bend Municipal Code at Chapter 6, Article 1, Section 6-4.1(4)presently requires a flat fee of$253.00 for the Fire Department Commercial Plan Review of any addition remodeling project. In the course of charging this fee, it has become apparent that a sliding scale fee based on the cost of a remodeling construction project less than $58,001.00 is fairer and more equitable to property owners. Accordingly, the South Bend Municipal Code amendment contained in this Ordinance results in a substantial fee reduction, and is in the best interest of the citizens of South Bend. Z will be available to attend the Committee and Common Council meeting to present this and answer any questions that may arise. Best regards, 1 ep n E Cox Fire Chief f L C UG ! 7 2U'1? JAMES LOPE.Z TODD L. SKWARcAN A DPEw J. MYER PEDERICO RODRIGUEZ,JR ASST. CHIEF OPERATIONS ASSIST, CHIEF SERVICES ASST.CHIEF EMS FIRE MARSHAL l.� 1 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7101 Vorden Parkway AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (S) FIVE YEAR REAL PROPERTY TAX ABATEMENT FOR THE TIRE RACK, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 7101 Vorden Parkway, South Bend, Indiana, and which is more particularly described as follows: Lot 1 B W Business Park Major Sub 02-03 New Replat 4013-16-01 and which has Key Number 025-1011-018604, be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstranccs and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et._see . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Counci pp �1 i.2.ea i9�/- � Lt4�=,',•'eJ 4'7 d �v aF �:."a �,�.H"Mff.:� G��s,H �a Council&r%'-0.jj o n bms issue, JUL F49U in ZUIZ ��6dVF A�`A' '^www.avawc TAB"AA TEME1 VT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: THE TIRE RACK, INC. DATE: July 9, 2012 On April 4, 2012, a petition for real property tax abatement consideration for property located at 7101 Vorden Parkway was filed with the City Cleric by The Tire Rack, Inc. The Tire Rack, Inc. is a mail order and e-commerce firm engaged in the business of selling performance tires,wheels,and accessories for passenger automobiles and light duty trucks.The petitioner would like to construct a 36,000 square foot building which will enable the expansion of Technological Resources and assets to further the growth and development of their e-commerce Product Distribution business. The estimated dollar value of the project, excluding land, is $6,500,000. Please note that the contractor information was largely unknown at the time the designating resolution was approved.The information on the contractors is now available and based on the information attached they qualify for a five year real property tax abatement. Based on a project cost of$6.5 million with a five year term, the taxes abated would be$496,345 based on the approved teen. The taxes paid will be $471,939. 24. In the following chart please indicate companies that will be used for purchasing materials to be used in the construction or rehabilitation associated with the project. Include the location of the company, description of the materials, and cost of materials. Local companies include those in St. Joseph County. Additional information may be requested for verification of this information. Name and Address Description of Materials Cost of Materials % of Grand of Company _ Total Local Companies: 1. CMA Supply— South Bend, IN Concrete Accessories $ 13,903.00 2.7% 2. Builders Iron Works— Mishawaka, IN Structural Steel $416,444.00 80.7% 3. Home Acre Supply— South Bend, IN Metal Studs/Sheetrock $ 66,211.00 12.8% 4. Big C Lumber— Granger, IN Lumber $ 2,679.00 0.5% 5. Moss Building Products—Mishawaka, IN Toilet Partitions $16,530.00 3.3% Fire Extinguishers Total Local $515,767.00 100% Non-Local Companies: 1. Consumers Concrete— Niles, MI Concrete $83,438.00 513% 2. Specialized Wood Products— Elkhart, IN Millwork $ 4,546.00 2.8% 3. Central Indiana Hardware— Fort Wayne, IN Doors and Hardware $38,724.00 24% 4. William Baker— Indianapolis, IN Louvers $28,564.00 17.7% 5. Central Indiana Hardware— Fort Wayne, IN Toilet Accessories $6,060.00 3.8% Total Non-Local $161,332.00 100% Grand Total $677,099.00 100% 25. In the following chart please list the companies that will be used for the construction or rehabilitation associated with the project. Indicate the name and address of each company; list the dollar value of the work provided by each company; indicate whether or not 100% of the workers are employees of that company and not independent contractors; indicate whether or not the company pays workers' wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of Labor; indicate whether or not the company contributes to a health plan for its employees; indicate whether or not the company contributes to a pension plan for its employees; and indicate whether the company maintains an affirmative action plan or similar plan to achieve racial diversity. Local companies include those in St. Joseph County, Additional information may be requested for verification of this information. Name Contract 100% Workers Pay US Dept. Contribute Contribute Maintain Address of Amount are Employees Labor Wage to Health to Pension Affirmative Company —_- Rate Plan Plan _ Action Plan Local Companies: 1. Schuell Fence-South Bend, IN $3,680.00 YES NO YES YES YES 2. Majority Builders—South Bend, IN (Excavation/Concrete/Carpentry/Electrical) $1,607,484.00 YES NO YES YES YES 3. Crane Industrial Service— Granger, IN $111,500.00 YES YES YES YES YES 4. Michiana Insulation— South Bend, IN $7,540.00 YES NO YES YES YES 5. Barany Sheet Metal—South Bend, IN $396,615.00 YES NO NO NO YES 6. Midland Engineering—South Bend, IN $92,750.00 YES YES YES YES YES 7. Midwest Tile—Mishawaka, IN $222,000.00 YES YES YES YES YES 8. Burkhart Advertising —South Bend, IN $1,172.00 YES NO YES YES YES 9. Ryan Fire Protections—South Bend, IN $59,665.00 YES YES YES YES YES 10. Dynamic Mechanical— Mishawka, IN $573,487.00 YES YES YES YES YES 11. Wissco Irrigation—South Bend, IN $19,500.00 YES NO YES YES YES 12. Foegley Landscaping--South Bend, IN $35,950.00 YES NO YES YES YES Total Local $3,131,343.00 Name Contract 100% Workers Pay US Dept. Contribute Contribute Maintain Address of Amount are Employees Labor Wage to Health to Pension Affirmative _ _Company _ Rate Plan Plan Action Plan,......_ Non-Local Companies: 1. Benders Construction—Goshen, IN $20,175.00 YES NO NO NO YES 2. Lue Manufacturing—Wakarusa, IN $44,702.00 YES NO YES YES YES 3. Midwest Glass—Stevensville, M1 $340,302.00 YES NO YES YES YES 4. Automatic Door Controls— Fort Wayne, IN $3,790.00 YES NO YES YES YES 5, Protape Drywall—Goshen, IN $43,445.00 YES NO NO NO YES 6. Bear Acoustics—Columbia City, IN $102,400.00 YES NO YES YES YES 7. Select Drywall and Painting—Elkhart, IN $41,190.00 YES NO NO NO YES 8. Schindler Elevator—Indianapolis, IN $54,000.00 YES YES YES YES YES 9. Fenner Plumbing —Berrien Springs, Ml $122,690.00 YES NO YES YES YES 10. Niblock Excavating— Bristol, IN $108,408.00 YES NO YES YES YES Total Non-Local $881,102.00 Summary Total Local Material Suppliers $ 515,767.00 Total Non-Local Material Suppliers $ 161,332.00 Total Local Contractors $3,131,343.00 Total Non-Local Contractors 881 408.00 Total Construction Contract Amount $4,689,850.00 9-Jul-12 The Titre Rack, Inc. Public Benefit Points Summary Qualify Earned Available Public Benefit Item: Y or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub-total Project Related: 0 120 2, Super Size Projects(point values are cumulativel: A. 100%to 199%, N 0 25 B. 200%to 299% N 0 68 C. 300%to 399% N 0 65 D. 400%and Over N 0 52 Sub-total Super Size Projects: 0 210 3. Construction Related: A. Employ Local Companies Y 20 20 B, Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( Y 19 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 119 141 4. Wage&Benefit Related: _ A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 g Sub-total Wage&Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 118 152 6. Pay for Municipal Infrastructure:(point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50%of Extension Cost N 0 26 C. Pay for 51-75%of Extension Cost N 0 39 D. Pay for 76-100%of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. SuAAort a_Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 361 1000 *Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. The Tire Rack, Inc. Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 &over 7 Other Development Pro'ects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 361 Base Years of Abatement 3 Additional Years of Abatement: 2 Total Years of Abatement: 5 o Q d P P o N Ih t0 O (IS (A OaV m 000 r N qr -O I-(l"YO N Lo 0 N 65 v 00 11') N OO co 00 W N 00 CN GC3 r• V j PO00 "' m ° m (dOIt �U-)O ((7 N ((7 (D N (Nf) N M O r CO r r LnNM 0 O Cl) M v N -g p r N Cl)N (m'J (PO QOM vim-- (ND (NO_ h er O7 z �- M co m 0 m Q N r 67 47 ((0 1- Nt rn rr co r- L!7 M N � r r CS r g \° X N CO (£1 (n O d 6 4 O � r a r U') 00 M }�.. •�- L11 1 M N OO � OOd M M n �M (DMR L' (r3 co t+ � �Lo N PN P [V d ¢ r r V Lr d a (f1 ct r O 4 O o P P d O a (3 O O (O P P O) (U ili (j (L] OD 0 O P m O P N � ti C Z m (L?(L] (O (O ( N N O � c3) Q) r � t O rum l() } (fl LNd er w O OI m N W LO LO p� LLJ CO 8dm. N rn L 7 C P O O d o M C!a r• d h f+ 0 N ISl lf] ([7 to tp (6 a s.m O 0 0 O U-) if) Cl) in K) O V) X 7 x .G E O P E!7 CO (O Iti 41 cfl Z p (p Gp to co (D (O N V) ao a �- m 0 m Cl) m � x a� N � N � rn mNm 0) mmmm (o '6 m C ui L v N r- rn ui crs ? x Q m co v (C x d a d o P O Q P X 00000 P c LO m Uof N 'x F- � LLI tl3 � a V p c m W .. O m +_� U r N M 'tl' 47 E _7 O YI O m y •O O o n y �•C fi M O ~ N to O C {6 O X U) 7 > a � Y w a T N C .O O O Q) (p rL p E 7 O a U N � M M X X X .SL 0) O N > > Uf ❑ n H v c a�i uOi E Q In (A c w N O O ¢ a dz a to ` Z U0U Q Q Q E En d C7 � U rYm � U TAXABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: THE TIRE RACK, INC. DATE: July 9, 2012 On April 4, 2012, a petition for real property tax abatement consideration for property located at 7101 Vorden Parkway was filed with the City Clerk by The Tire Rack, Inc. On July 13, 2012, 1 submitted a letter to the Common Council explaining that based on the point schedule the company qualifies for a five year abatement. Since then the company has been able to better estimate their construction costs and would like to submit a new estimate of those costs as follows: PREVIOUS INFORMATION NEW INFORMATION Square footage of building 36,000 34,000 Project Cost $6,500,000 $4,700,000 Taxes Abated $496,345 $20$,066 Taxes Paid $471,939 $201,219 The term of the abatement will still be five years. qFAREA Jc�HN W BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR PLAN COMMISSION OE ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CfTY BLDG. SOUTH BEND.INDIANA 46601 (574) 235-957 t July 18, 2012 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Northeast Neighborhood Revitalization Organization to zone from MFI Urban Corridor Multifamily District to SF2 Single Family&Two Family District, property located at 505 Kalorama and 801 Hill Street, City of South Bend -APC# 2637-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Northeast Neighborhood Revitalization Organization was legally advertised on Thursday, July 5, 2012 and that the Area Plan Commission at its public hearing on Tuesday, July 17, 2012 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Northeast Neighborhood Revitalization Organization to zone from MFI Urban Corridor Multifamily District to SF2 Single Family& Two Family District, property located at 505 Kalorama and 801 Hill Street, City of South Bend is sent to the Common Council with a favorable recommendation. Returning this site to single family is in keeping with the Northeast Neighborhood Development Plan, and will help strengthen Hill Street as a single- family area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, ohn W. Byo ' JWB:jsp Attachment CC: Northeast Neighborhood Revitalization Organization SERVING:ST:JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE.NORTH LIBERTY,OSCEGLA&ROSEL.AND www.stjosephc�untylndlana.comfAreaptan �� �� Staff Report APC# 2637-12 Owner: Northeast Neighborhood Revitalization Organization Location: 505 Kalorama and 801 Hill Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MF 1 Urban Corridor Multifamily District to S172 Single Family&Two Family District to allow single family homes. Land Uses and Zoning: On site: On site is a vacant lot. North: To the north are several vacant lots, and two houses zoned SF2 Single Family and Two Family District. East: To the east, across Hill Street, are a several vacant lots and a number houses zoned SF2 Single Family and Two Family District. South: To the south are several vacant lots, and three houses zoned SF2 Single Family and Two Family District. West: To the west is the Residence Inn and part of the former Madison Center campus zoned MU Mixed Use. District uses and development standards: The "SF2" Single Family Residential District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. Site plan description: No site plan is required when rezoning to a residential district. Zoning and land use history& trends: This property was previously zoned B Multi-family before the city-wide map change in 2004. The hotel was rezoned in 1987. This portion of Hill Street has been predominately single-family. Traffic and transportation considerations: Hill Street and Kalrorama Street are two lane streets. Kalorama Street, west of Hill Street, was vacated at the June 25,2012 Common Council meeting. Utilities: South Bend public utilities are available to the site. Additional information: (Agency comments) The Department of Community and Economic Development offers a favorable recommendation. A change in zoning to S172 is in keeping with the neighborhood plan and the desire by neighborhood residents to see more single family residential development in the area. Staff Comments: This property is in the NNRO Overlay District. Commitments: No commitments are proposed. Northeast Neighborhood Revitalization Organization #2637-12 Page 1 of 2 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: CitTPlan. South Bend Com rehensive Plan November 2006 Objective H 4: Ensure well-designed, infill housing on vacant land in the city's neighborhoods. Land Use Plan: The future land use maps identifies this property as high density residential, with the rest of the lots on Hill Street as medium density residential. Plan Implementation/Other Plans: Northeast Nei boyhood Development Area Plan The projected land use plan identifies this immediate area as Single Family Home Ownership Preservation. 2. Current conditions and character: The area between Corby and Crescent is mixed with single family homes and vacant lots. The institutional uses to the west front on Niles. 3. Most desirable use: The most desirable use is single family residential to match the rest of the block. 4. Conservation of property values: Since the majority of surrounding property is also zoned SF2 Single Family and Two Family District, this rezoning should not affect property values. S. Responsible development and growth: It is responsible development and growth to continue the single family zoning along Hill Street. Recommendation: Based on information available prior to the public hearing the staff recommends that the petition be sent to Common Council with a favorable recommendation. Analysis: Returning this site to single family is in keeping with the Northeast Neighborhood Development Plan,and will help strengthen Hill Street as a single-family area. Northeast Neighborhood Revitalization Organization #2637-12 Page 2 of 2 ICI I SF2 SF2 SF2 SF2 2 sFZ sFz SF2 MF1 M1! KalOrrma SF2 SF2 SF2 il'i I'�il I,�III II �II�I,I jli I. SF2 SF2 SF2 Rezoning from: "MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT {N Zoning Classification .:. SOUTH BEND "SF2"SINGLE FAMILY AND TWO FAM ILY DI STR ICT S SOUTH BEND "M F1"URBAN CORRIDOR M ULTIFAM ILY DISTRI CT 1 inch - 100 feet SOUTH BEND "MU"MIXED USE DISTRICT P 2637-1 ORDINANCE NO, AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 801 HILL STREET AND 505 KALORAMA, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Northeast Neighborhood Redevelopment organization (NNRO) is redeveloping the Hill Street Neighborhood. The two lots we wish to rezone are currently vacant and are unique in that they are zoned multi-family in an area otherwise zoned exclusively single-family. It is our intent to rezone said lots to single-family use (SF2) so single family homes can be built on them. This rezoning will allow us to proceed with our redevelopment plan in general and in a manner that preserves the character of the neighborhood. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 801 Hill: Lot 6 Ex 45' W End & N Y2 Vac Kalorama St. S. &Adj. Cedar heights Add Sec 1-37-2E 505 Kalorama; 45' W End Lot 6 & N Y2 Vac Kalorama St. S & Adj Cedar heights Add Sec 1-372E be and the same is hereby established as SF2 Single-Family and Two-Family District, SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 12 at o'clock M. City Clerk Approved and signed by me on the day of 2 at o'clock M. Mayor, City of South Bend, Indiana "oea-In Clerk* Off' UADING pU�,LiC HFW7,1,NG r;Cyf APPFkOVL-D K BEND,011-1 C'L? U PASSED, PETITION TO REZONE City o South Benda Indiana 1(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1.) The property sought to be rezoned is located at: a, 505 Kalorama b. 801 Hill Street 2.) The property Tax Key Number(s)is/are: a. 018-5038-1361 b. 018-5038-1362 3.) Name and Address of property owner(s)of the petition site. Northeast Neighborhood Revitalization Organization(NNRO) 803 Lincoln Way West South Bend, IN 46616 (574)289-1066 4.) Name and Address of contingent purchaser(s)if applicable: Not Applicable 5.) It is desired and requested that this property be rezoned: From: W l District To: SF2 District 6.) This rezoning is requested to allow the following use(s): Construction of single-family homes. 7.) Attached,and made a part of this PETITION,is: a. A copy of a legal description of the property, b. A list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property, c. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature of All Property owners Northeast Neighborhood Redevelopent Org. 803 Lincoln Way West South Bend,IN 46616 (574)289-1066 Tim Sexton,Pre dent Northeast Neighborhood Redevelopment org. CONTACT PERSON(S) Phil Byrd " ����� .� ���x �.... , NNRO Manager Lincoln way west South Bend,IN 46616 (574)289-1066 j U „„ C1 � Bill Street/Kalorama Street Rezoning. Legal Description The Northeast Neighborhood Redevelopment Organization(NNRO)is redeveloping the Hill Street Neighborhood. The two lots we wish to rezone are currently vacant and are unique in that they are zoned multi-family in an area otherwise zoned exclusively single-family. It is our intent to rezone said lots to single-family use(SF2)so single family homes can be built on them. This rezoning will allow us to proceed with our redevelopment plan in general and in a wanner that preserves the character of the neighborhood. The two lots are legally described as follows: 801 Hill: Lot 6 Ex 45'W End&N 1/2 Vac Kalorama St S&Adj Cedar Heights Add Sec 1-37-2E 11/12 Vac Ord 9994 10 did 4-15-10 505 Kalorama: 45'W End Lot 6&N 112 Vac Kalorama St S&Adj Cedar Heights Add Sec 1-372 E 11/12 Vac Ord 9994-10 dtd 4-15-10 F110d in . ... U j �r r;