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04-14-08 Council Meeting Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, APRIL 14, 2008 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 08-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING, COMMENDING AND REMEMBERING THE MANY LASTING CONTRIBUTIONS MADE TO OUR COMMUNITY BY MARK TULCHINSKY 08-26 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE STUDENT-ATHLETE WRESTING CHAMPIONS FROM THE 2008 SOUTH BEND CITY CHAMPIONSHIP 08-27 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING STANLEY CLARK SCHOOL SCIENCE OLYMPIAD TEAM FOR WINNING THE 2008 INDIANA STATE SCIENCE OLYMPIAD CHAMPIONSHIP 6. REPORTS OF CITY OFFICES A. GARY GILOT - PUBLIC WORKS - 10 MINUTE UPDATE ON CITY STREETS 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:_ BILL N0. 19-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF PORTAGE AVENUE FROM LELAND AVENUE EAST TO THE FIRST NORTH/SOUTH ALLEY WITH A DISTANCE OF 120 FEET, MORE OR LESS AND A WIDTH OF 12 FEET 82-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2- 213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES 17-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,900 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALS MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS. PERFORMING ARTS CENTER TICKET STOCK 8. BILLS, THIRD READING TIME: BILL N0. 19-08 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF PORTAGE AVENUE FROM LELAND AVENUE EAST TO THE FIRST NORTH/SOUTH ALLEY WITH A DISTANCE OF 120 FEET, MORE OR LESS AND A WIDTH OF 12 FEET 82-07 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2- 213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES 17-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,900 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK 9. RESOLUTIONS RTT,T, Nn _ 08-28 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3941 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DEANNA BOYKINS 08-29 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 WEST SAMPLE STREET, SUITE 1125 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRIANGLE MACHINE, INC. 08-30 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATTNG CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4315 SOUTH LAFAYETTE BOULEVARD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR REAL PROPERTY TAX ABATEMENT FOR HERAEUS KULZER, INCORPORATED 08-22A A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS SUPPORT FOR THE RETENTION OF THE COUNCIL ATTORNEY FOR CALENDAR YEARS 2008 THROUGH 2011 ON A CONTRACTUAL PART-TIME BASIS 08-31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2008 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 10. BILLS, FIRST READING BILL N0. 20-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED .IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET 21-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 WITHIN FUND 410 FOR POTAWATOMI PARK FUN FOR ALL AND AGING IN PLACE HOME MODIFICATION PROGRAMS 22-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PREAPPROVED PAYMENT OF CLAIMS 23-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1, WAGGONER FARM DEVELOPMENT, L.P. 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: I~ l ~ ~ fJ a , ~~~_zS RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING, COMMENDING AND REMEMBERING THE MANY LASTING CONTRIBUTIONS MADE TO OUR COMMUNITY BY MARK TULCHINSKY "~l~z.~aa, the Common Council of the City of South Bend, Indiana, recently bid farewell to a very special person, Mark Tulchinsky, who touched thousands of lives, as he walked the halls of learning centers throughout the South Bend Community School Corporation.forthe past 39 years; and ~~, the South Bend Common Council was privileged to know Mark Tulchinsky when he was an active, engaged and enthusiastic member of the Common Council's Parks Committee; and ~7yf, thousands of South Bend parents and children knew Mark Tulchinsky during the many decades he devoted his life to education excellence, and for giving countless words of encouragement to youngsters, while being an exemplary and caring role model for all educators; and ' Imo, the Common Council acknowledges that Mark David Tulchinsky was born on the 26~' day of January 1947 in South Bend; graduated in 1964 from John Adams High School; graduated in 1968 with a degree in history from the University of Chicago; began his long and distinguished educational career as a 4~' grade teacher at Perley Elementary in 1968; earned his Masters Degree from the University of Notre Dame in 1974; and began his administrative career with the South Bend Community School Corporation in 1979 when he was appointed to serve as the Assistant Principal at Jefferson School; and °,eoo, Principal Mazk Tulchinsky served as an innovative and pro-active leader at McKinley, Perley, Jefferson, Monroe and Tazkington schools during his distinguished 39 years with the South Bend Community School Corporation; while also serving as a licensed Indiana High School Athletic Association basketball and football official; and officiated the IHSAA Class 2-A state football fmals in 1983; and "~/fz~a, Mark Tulchinsky also relished working as a timekeeper for University of Notre Dame football and basketball games for over thirty (30) years; and diligently served on countless boards and commissions some of which included the YMCA, Urban Youth Services, Boys and Girls Club, the Northeast Neighborhood Council, and volunteered many hours for the Special Olympics. moo.., C-~~irirP~..ae, G6 ~t~G~d, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends, honors and will remember forever the life, dedicated service and countless contributions of MARK TULCHINSKY, an exemplary educator, who epitomized the very best of the public school system, which was only surpassed by his sincere love and dedication to his family, friends and the many youngsters and educators, he deeply touched and inspired throughout his sixty years. Section II The South Bend Common Council wishes Nan Tulchinsky, Mark's wife of 38 years; their two sons, Peter and Daniel; their daughter, Sarah Baer; 4 grandchildren; Mazk's mother, Ruth Tulchinsky; and all of their family members and many friends the very best in the years ahead; and hopes that the rich memories of this kind, caring and devoted special person, MARK TULCHINSKY. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, ls` Distdct Henry Davis, Jr., 2" District o as LaF' fain, 3` D' ct ello, 4 ' ct Dr. David Varner, 5 District John Voorde, City Clerk Oliver J. Davis, 6~' District Timothy A. Rouse, At Large Al "Buddy" Kirsits, At Large e`_n~L. White, At Lar~~ Kathleen Cekanski-Farrand, Attorney e~d~eedr~ ~~~ ~ ~c~j~l ,008 Stephen J. Luecke, Mayor RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE STUDENT-ATHLETE WRESTLING CHAMPIONS FROM THE 2008 SOUTH BEND CITY CHAMPIONSHIP ~, the South Bend Common Council recognizes that school wrestling programs aze governed by the Indiana High School Athletic Association, Inc. (IHSAA), which was originally organized in 1903, and regulates, supervises and administers interschool athletic activities among 406 member Indiana high schools; and ~, school wrestling programs aze designed to develop positive attitudes; sound wrestling techniques which will work at the highest levels of competition; enhance physical abilities; and develop good character in each wrestler while setting goals which can be reached through hard work, determination and self-discipline; °~, the 13~' Annual IHSAA Team Wrestling State Tournament Series reflected 309 schools competing in sectional competitions at sixteen (16) locations throughout the state with the 70t° Annual IHSAA Individual Wrestling Tournament having the top four contestants in each weight class compete in the sectionals, with winners advancing to the individual regionals, semi-states and ultimately to the state finals held in Indianapolis' Conseco Fieldhouse; and °!/~~, the South Bend Common Council is proud to recognize and honor all of the individual wrestlers who participated in the 2008 South Bend City Championship and their coaches; and would especially like to commend each of the South Bend Student-Athlete Wrestling Champions in each of the following weight classes, who were victorious in the 2008 South Bend City Wrestling Championship: Luis Renteria (Greene) 701b Weight Class Kevin Danik (Clay) 751b Weight Class Michael Dieter (LaSalle) 801b Weight Class Sam Ferdig (LaSalle) 851b Weight Class Tommy Gray (Edison) 901b Weight Class William Howell-Bey (Clay) 951b Weight Class Erik Ullery (Jackson) 1001b Weight Class Gary Gluckert (Dickinson) l OS lb Weight Class Derek Fowler (Navarre) 110 Weight Class Stuart Naragon (LaSalle) 115 Weight Class Jon Kowalski (Jackson) 120 Weight Class Mike Anderson (Jackson) 125 Weight Class Torriano Harris (Navarre) 130 Weight Class Saul Carmona (Jackson) 135 Weight Class Quintero Hayes (Jackson) 140 Weight Class Andrew Sellers (LaSalle) 145 Weight Class Gehrig Dieter (LaSalle) 155 Weight Class Duron Ivery (Greene) 165 Weight Class Terry Malone (Marshall) 180 Weight Class Devin Warren (Clay) 215 Weight Class Joe Gallegos (Brown) 275 Weight Class c~«~ ~~~~ ~ ~c~~ by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the South Bend wrestling teams, their coaches, principals, athletic directors, family and friends; and especially the twenty (20) student-athletes who won in their individual weight class in the 2008 South Bend City Wrestling Championship. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication, both in the classroom and on the wrestling mat by each of these student-athletes has enabled each of these individuals to be an excellent role model for all students throughout our country; with each student-athlete bringing the highest of honors to himself, his family and friends, his school, and all of the residents of the City of South Bend, Indiana. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 1~` District Oliver J. Davis, 6~ District Henry Davis, Jr., 2°° District Al "Buddy" Kirsits, At Large o as LaFo stain, 3` Dis uzzello, 4 D" Dr. David Varner, 5°' District hn oorde, City Clerk Timothy A. Rouse, At Large Karen .White, At Large ~~~~-~~ Kathleen Cekanski-Farrand, Councils Attorney c~J~redrlu6 ~~" ~ ~~~~ zoos. Stephen J. Luecke, Mayor of South Bend RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CTI'Y OF SOUTH BEND, INDIANA, PUBLICLY HONORING STANLEY CLARK SCHOOL SCIENCE OLYMPIAD TEAM FOR WINNING THE 2008 INDIANA STATE SCIENCE OLYMPIAD CHAMPIONSHIP "71~~a, the Common Council of the City of South Bend, Indiana, notes that the 2008 Indiana State Science Olympiad was held in Bloomington on March 29, 2008 at Indiana University; and -!lteriretu, the annual Science Olympiad is a hands-on science competition for middle and high school students with twenty-three (23) events covering all of the science disciplines which include physics, biology and chemistry, as well as math disciplines, with many requiring teamwork and cooperation; and "~, individual winners in each event aze awazded Olympic-style medals with only teams earning the right to advance to the state tournament hosted by Indiana University after competing in one of the nine (9) Indiana regional tournaments; and !'%/anireaa, the 2008 Indiana State Science Olympiad was divided into two (2) divisions; Division B for grades 6 through 9, and Division C for grades 9 through 12; with the Stanley Clark School Science Olympiad Team being one of twenty-six schools competing in Division B ;and "~~l~~, the South Bend Common Council is especially proud to honor each of the victorious 17- Member Stanley Clark School Science Olympiad Team for winning the 2008 Indiana State Science Olympiad under Coaches Dru Wrasse and Jan Ivkovich, namely: Andrew Bartels Evelyn Huang Connor Method William Beach Tesia Janicki Emily Migliore Katherine Fischbach Karson Kamman Nicholas Rush Lauren Garatoni Madelyn Lee Stacie Skwarcan Grace Guibert Meredith Lee Nicholas Wawrykow Andrew Hildreth Michael Mahon C?/I~ou, cTle GB .t~~G~d, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and honors the Stanley Clark School Science Olympiad Team for winning the 2008 Indiana State Science Olympiad hosted by Indiana University, by ending the reign of a Valpazaiso School, who had won this academic tournament for the past nineteen (19) years. Section II The South Bend Common Council believes that the hard-work, discipline, and dedication of each of the students on the Stanley Clark School Science Olympiad Team has enabled these scientific scholars to be excellent role models for all students throughout the City of South Bend; with each team member bringing the highest of honors to themselves, their pazents, family members and friends, the Stanley Clark School, and all of the residents of the City of South Bend, Indiana. Section III. The South Bend Common Council wishes the Stanley Clark School Science Olympiad Team all the best when they compete in the National Tournament next month in Washington, D.C. Section N. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 15~ District Oliver J. Davis, 6 District Henry Davis, Jr., 2° District mas L o in, 3` D1 " t uzzello, 4 D' t Dr. David Varner, 5"' District c.• John oorde, City Cler Timothy A. Rouse, At Large Al "Buddy" Kirsits, At Lazge ~aa'~~ t~ At ~~ Kathleen Cekanski-Farrand, Attorney e~~~~.edr~ ~o" d~ ~e~~~l.~ooa Stephen J. Luecke, Mayor Near Northwest _ Neighborhood INCORPORATED March 19, 2008 ~ ~ ~ ~ ~ ~ ' L' ` ` ~ To Whom It May Concern: The Near Northwest Neighborhood, Inc. (NNN) is requesting the vacation. of the following alley: The first East/West alley North of Portage Avenue from Leland Avenue East to the first North/South Alley and a distance of-120 feet, more or less and a width of 12 feet. Being apart of Chapin Place First Plat, Portage Township, City of South Bend, St. Joseph County, Indiana. The NNN is currently rehabilitating the property adjacent (north) of this alley, and wishes to close the alley in order to: increase vehicular safety -the proximity of the alley to the Leland & Portage Ave intersection increases the potential for accidents, to improve the quality of life -there is currently a great deal of undesirable traffic that utilizes this cross alley, and fo address public safety concerns -the alley is used for the sale of drugs and prostitution. If you have any questions, please-feel free to contact me at 232-9182. Thank you for your consideration. . Sincerel , Liz 1Vlaradik 1007 PORTAGE AVE. Sotmi SErm INDIANA 46616 P0. Box 1132 SovTtl BENn INDIANA 46624 ~~t~~ I~t ~l~rk's ~t~g~e MAR 1 9 2008 JL,'~Et~J V@3~CE CITY CLF'q~, SC. f2E~?C, lP3.. TEI:.5I4-232-9182 FAx 574-232-1:171 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EASTNVEST ALLEY NORTH OF PORTAGE AVENUE FROM LELAND AVENUE EAST TO THE FIRST NORTH/SOUTH ALLEY WITH A DISTANCE OF 120 FEET, MORE OR LESS AND A WIDTH OF 12 FEET 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 Portage Avenue from Leland Avenue East to the first North/South alley and a distance of 120 feet, more or less and a width of 12 feet. Being a part of Chapin Place First Plat, Portage Township, City of South Bend, St. Joseph County, Indiana hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of--way, unless such rights are released by the individual utilities. SECTION III. The following properly may be injuriously or beneficially affected by such vacating: 018-1059-2531/ Lot number- 2 018-1059-2532/ Lot Number - 30 feet north side of Lot 1 Section IV. The purpose of the vacation of the real property is to increase vehicular safety, to improve the quality of life and to address public safety concerns. This is an east/west cross alley of which the eastern portion has already been vacated. Due to the proximity of the alley to the intersection of Leland Ave. & Portage Ave. there is an increased potential of accidents; the angle at which the streets intersect result in difficulty seeing the alley intersection by those traveling west and turning north onto Leland. In addition, the vacating of this alley will result in the reduction of undesirable traffic as it is currently used as a sort of "drive thru" for the sale of drugs and prostitution. The vacation will additionally help to contain trash and reduce the vandalism and crime occurring dud to the quick escape for.criminals down the alley. 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 and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the at o'clock . m. day of , 2 , Mayor, City of South Bend, Indiana 1st READING 3 "Z~..bg' PU6LlC NEARlNC~ $ rd READIt~lG NClT Ao~RC-~/Et3' ~E~E:~RE:F1 F~~e ~~ ~ ~ ~~ L •~ J' V Jt7Sd~t VOORQE CITY CL£iiK, S0. BEi~Q, IN. -2528 -0646 -2503 - 2529 o -0647 CD 18-1017 18-1059 ¢ -2530 -0648 -2504 ¢ 18-1059 w AO ~~ 9~F -2412 '9G~ 60~ 18-1057 ~~ - 2413 -2414 -2531 -0649 ~ 20.00' 0 N -2532 -0650 -2533 ~ I I -0651 -2534 ~ ~ -0652 -0653 LEGAL DESCRIPTION: The alley to be vacated is the first East/West alley North of Portage Avenue from Leland Avenue East to the first North/South Alley and a distance of 120 feet, more or less and a width of 12 feet. Being a part of Chapin Place First Plat, Portage Township, City of South Bend, St. Joseph County, Indiana. ~ite~ n te~~~'~ Q~fice MAR 1 9 2008 C{~( CLERK, PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION,YOU TO VACATE: A. THE ALLEY DESCRIBED AS: l a~ ~~, 1~--~s~z-c ~ ~s ~1T~ ~ ~(. - ~ ~ )a ~ ~ n3.c~ a ~~-r c~~ ~i~ ~.,~c...E 'Ft.~s-r ~.~ , ~-m~~ T~1r~~p~ C~"c~f cs~ ~Cv-n~ , ~~". ;}~-Prl Cs~vr~ B. THE STREET DESCRIBED AS: ~, NAME (signed & printed) ADDRESS LOT # '~ 30 LcL~~.b ~c`l~v~ E~?- ~.tr.ic-s~By hlc~~lt~~ r.L~tL-~t~9z~, tni.L. MAR 1 9 2008 ao:-~~I v~o~a~= CITf Ctcr~(, S~. EEPlD, {~d. CONTACT PERSON (S) NAME: t-l Z ~~TZA~7l L~ N~ -k[~-r ~ic~ lrsc, RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: IC~G`~ ~~7~C_-,~ ~tE JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING ~-STN t7 ~~ ~(~~ ~~ SOUTH BEND, IN 46601 574-235-9221 PHONE: ~ 3~ - c7 ~ ga ~~, -~.w, 1~..[ ~+t~c~a~ 1316 COUNTY-CITY BL)ILD]NG 227X! JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LtrECxE, MAYOR BOARD OF PUBLIC WORKS January 28, 2008 Ms. Liz Maradik Near Northwest Neighborhood Post Office Box 1132 South Bend, Indiana 46624 PHONE 5741235-9251 FAx 574! 235-9171 TDD 5741235-5567 R.E: Alley Vacation -West Half of the First East/West Alley North of Portage between Leland Avenue and Forest Avenue Dear Ms. Maradik: At its meeting on January 28, 2008 the Board of Public Works reviewed your petition to vacate the above alley. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office: Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of--way by the neighborhood in which it is located or to which it is contiguous. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to nicking up your radius map. Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. erely, ~ , Linda M. Martin, Clerk c: _ Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INxs PRESIDENT MEMBER MEMBER 1316 COUNTY-CITY l;~!IL.DING 227 \~ JEFFERSON EOULE\'ARD SOUTH BENA, INDIANA 46601-1&3~ CITY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOR ~AIZD OF 1" UBLIC ®I~KS January 28, 2008 Ms. Liz Maradik Near Northwest Neighborhood Post Office Box 1132 South Bend, Indiana 46624 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 5741235-5567 RE: .Alley Vacation -West Half of the First East/West Alley North of Portage between Leland Avenue and Forest Avenue Dear Ms. Maradik: At its meeting on January 28, 2008 the Board of Public Works reviewed your petition to vacate the above alley. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community 3c Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office: Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of--way by the neighborhood in which it is located or to which it is contiguous. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574 235-9254 prior to piclun~ up your radius map. Once these concerns a-•e addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, j Linda M. Martin, Clerk I c: Jeff Gibney, CED ' Tony Molnar, Engineering Janice.Talboom, City Clerk's Office GARY A. GILOT, P.E. CARL P. LLTTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER • Nav 28 07 10:40a SBPD TRRFFIC (219)235-9308 p~2 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC 1d'~®RKB TO: Carl Littrell, Engineering Department Jahn Byomi, Area Plan Commission (235-98'13 fax) Jeff Gibney, Community"& Economic Development Chris Dressel, Community & Economic Development Bob Mathis, Community & Economic Development Robert Sanders, Fire Department Andre Price, Solid "Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (Lrbettin(a~nisource.gom or 2634-2220 fax) Purposes G~nlyal FROM: Linda M. Martin, Clerk ;~ RE: Request for Recommendation -Alley Vacation Location: West Half of First EastlWest Alley North of Portage Between Leland Ave and Forest Avenue (Preliminary Revtew) DATE: November 27, 2007 DUE: December 18.2007 FAX OR E-MAIL. TO:, 235 9171 / tmartintc~southbendtn.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: b~CL-~O~.Q~~a~ BY: TE: 1 ~' Z ~ • O'1 ENTER-®FFICIE MEMOI~I~®t!M ~®AR® ®F PUBLIC ~V®R4~S TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax} Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathis, Community & Economic Development Robert Sanders, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin cCD.nisource.com or 284-2220 fax) For Informational Purpo§es Only FROM: Linda M. Martin, Clerk ;~yVL RE: Request for Recommendation -Alley Vacation Location: West Half of First East/West Alley North of Portage. Between Leland Ave and Forest Avenue (Preliminary Review) ®ATE: November 27, 2007 ~~ ®UE: December 18, 2007 FAX OR E-MAIL TO: 235-9171 / Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: ~ ~ DATE: ii/~~~7 K I~TERm®FF9~E ~E®~~~~~ ~+~AR® OF i~l1~LlC !~®R~~ TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department ' Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(a~nisource.com or 284-2220 fax) Far Informational Purposes Oniy FRO~~: Linda M. Martin, Clerk ~`y`Y~-~ RE: Request for Recommendation -Alley Vacation Location: West Half of First East/West Alley North of Portage, Between Leland Ave and Forest Avenue (Preliminary Review) I]ATE: November 27, 2007 ,. DUE: December 18, 2007 FAX OR E-~1AIL T®: ?35-~17'i / Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COIViPd1ENTS & RECO~lIIV1E~IDATIOIVS: )i~~i~~: ~~, BY: ~~ '~j~5~-6~ r DATE: ~/~.~~`~G~ °l -,~<, ,, INTEROFFICE MEIVIORANDUI°JI BOARD OF PUBLIC UYORKS TO: Carl Littrell, Engin®ering Department John Byorni, Area Plan Commission (235-9313 fax) Jeff Gibney, Community & Economio Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development RobErt Sanders, F(re Department Andre Price, Solid Waste . Stephen Gven, Police Department Cheryl Greene, City Attorney's Office Jim Heflin, NIPSCO (lrb®ttinCr~nisource.com or 284-2220 fax) For Informational Purpos®s Only FROM: Linda M. Martin, Clerk ';'Yl'~ RE: Request for Recommendation -Alley Vacation Location: West Half of First EastlVVest Alley North of Portage, Hetween Leland Ave and Forest Avenue (Preliminary Review} DATE: November 27, 2007 i~nm w ~®~+ ~i~ DIJE: December 18, 2007 FAX OR E-MAIL TO:, 235-9171 / ImartlnCci'7southbendin.~ov RETURN RECOMMENDATION PAGE QNLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~ RECOMMENDATIONS: ~ ~ BY. TE:,~t~~ rl~ ~~~ Z0/T0 ~Jdd 1dSQ 3~iId QN3$ H1flOS g0669£ZbLO f i 'i 85~£T L00Z/TT/ZZ 2-18-07 20:89 COMMUNITY DEVELOPidENT ID=+15742359697 IP~ITEF~-OFFICE MEM013AN®UM BOARD ~F PUBLIC WORK TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Communlty & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Andre Price, Solid•Waste Stephen Goen, Police Department • Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin~nisource.com or 284-2220 fax) For Informational Purpase$ Oniy P.Di FRAM: Linda M. Martin, Clerk •:~YY~-J • Rf:: Request for Recommendation -Alley Vacation Location: West Half of First East/West Alley North of Portage, Between Leland ' Ave and Forest Avenue • (Preliminary Review) DATE: November 27, 2007 ' DUE: pecember 18. 2007 FAX O~ E-MAIL TO:, 235.9171 / Imartin(ci?southb®ndin.gov RETURN RECOMMFNOAT{ON PAGE ONLY. ATTACHMENTS NOT REQUIRED. C_ OMMEAITS $~ RECOMMENDATIONS: • R~~ aM,~„d ~~,~•~, ~~r v~~ ~h~~ ~ r a eee~1. ho ;s.s ~~s cos ~: ~~~, BY: ~~r ~:I'0~ ~~ o QI e SSL1 DATE: ~~ ~~ 9~ ~ ~ ' -7- • INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: ~~rl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development ~,-e1~Dressel, Community & Economic Development LBgb Mathia, Community & Economic Development ~ obert Sanders, Fire Department Andre Price, Solid Waste ~ephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a7nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ;'YV~-- RE: Request for Recommendation -Alley Vacation Location: West Half of First East/West Alley North of Portage, Between Leland Ave and Forest Avenue (Preliminary Review) DATE: November 27, 2007 DUE: December 18, 2007 FAX OR E-MAIL TO: 235-9171 1 Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: x~. "~ ~, ~` ~ k~' ~ /~.~ ~ ~- q is ~' >s; ~ ~ -2D ~~ 1 i~'f',~ ;~~";, •t, x ~ I `~J 18.~~I6 f~ II o3_o5G~° ~- ,.A„ ~ i ,~'~. e g o ~~" /{ ~ ° Lb H O SU&OF LOT 60, SHETTER LEY ~ _ ~y~ i ~x'N GQ ° /2520 } / G'•'~Ij-° o °I 7-OG3l.b .70{•F 60 o-°2_0 / ° ~ PLACE 2N0 PLAT s~ -~ 069 _ ~ ~ 1 15 ~~ SHETTER.LEY PLACE 2ND ~ ~.. /5o W =5~-Oc32' ,ao io4 ~ -y/ ~° ~ s ` ~(~~'aPyylSGGo ] /'1-1521 33'0622: Q /rd '~ "0640 ^; ~ 0567 IITO4°SG6 n !- PLAT ,~C.. ' ~ r ..M1 ~-, ~< ° '9L~ ~ Q Q vO1 ,5/'0633 rO8 °I ANDERSON'S 1ST SUB. I~~ ~~ k 0 F92 f ` (/-2512 ~ 32-0623 ` o - 0569 I ~ I ..D., I ~~. U, S ~ 4 J /ao ~ _ ~9~ -~ 1L ST. JOSEPH COUNTY ~ ~' "h~\' ~ry~u ~ ° O.25p3 3/-OG 2¢h e ° ~7 /'~ ° 7 99.2 ' O AGRICULTURAL SOCIETY ADD. • rF~~r -,~ `'. a~'!Y Gb f ~~ /ao n hS2~/0556 -aG98 '^ -°57a 1 ° ~ ., E,. a: r u- Syr T~~;i;- _ ____ 66 - i°O -J -O~/ al ~ ANDERSON, DU SHANE, 8 s:k ,~v~'vt' rti li ~e - 8-~ ~ o ~6 ° l10 /20 ° ~ :,F3_OG5] ~ I O PVTNAM'S SUB. ~~.~+.~`~ ~' . y, ,~ nVf v+ 9-2524 .30-oG4Pn r/v.T O1e97- - ~ Leeper ~ „F,~ S ~ ~ +, ry, y\ 0 y~3` •a'' m 54 G5 ------ P°rk y STATE BANK OF INDIANA 'i'~ 9 , ,M1 (q v ~ N ~-0 -0696- -0572 1 ~ PLAT OF OUTLO75, TOWN OF ~~~ `r' dq-oy (~ =8-s525-- 2!-OG ¢2; 7I7.~ l8 ~17 -y49T --.j / ><. //8 ~ SOUTH BEND -,:':~~..~ rti b~'~a.9au I ~iv~ 55-0659 64-°G95+°n I -0573 ~ j .,G„ e~iz ~' ~kq,. s°I'~r ~ Ilu a ~_ Z526 28-06 43= - /20 ~ ---zos.9 --_^ O I MILLER'S SUB. OP PT. } 5; ~`tr 'M ItI.G ~ m u1 ~ BANK OUTLOT 113 + . ~ ` (b 91i ' -v °o - ° m o /ao o a -x574 M 1015 ti ..H.. xt d'~~~ h~ r~c~ ~ 2]-0 644'0 g a h'S~ OGGD 63_0694 r ~ ~~° ~r~3~n ~~ O KELLER'S SUB. 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O o a 1'r Jf• ,'V` ' L436~n: /0-230 °n lnrP b547 ~a °h o0 __ 11 .}1".. ~~~ -24D,<j = m Yl ~ y uM1~ M~ 'tea /~o ~q° _ / - /Te ~ ' { ~ 18 - 1015 h~ p ~ ~ ~'t t„{ '. ../.'. ~'' < I m 0728 ~l •~ ~: ~ Iry M1 f- ` o ~ -t: i,t .. ~ ~ m ~ ~ ~,a ': .'3'2406 s q0 /I'1\ a~ 18-1~ q-2305 ~ x¢IS - .o Q ~ y~,~. 25- 729 ry o ~ ,~ q /96 N ~ ,,fir cc „ ° ,~Iiti'' ryM10 -1T97S ~ ~ -as9B~P><lV7 0 :~~ rm"'ssF '•+-?r - 2407 N I - 2¢ ~' ~U ~r ~ oqJ/ c~°Y r4O i0~ '^~., -2306 m ~ -°599 ml o I O o + :-.4KF~~.?. ,s... 4 g "-0730 18 - 1 ~ . 3 ,a° p9 :rte ea m$y'y h ~=--- Q .- ~ o ~ o °". 1.. ~ .._ . 1400 O.OUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574(235-5567 CITY OF SOUTH BEND STEPHEN J. LLTEGKE, MAYOR DEPARTMENT OF I.AW CHARLES S. LEONE CITY ATTORNEY ALADEAN M. DERosE CHIEF ASSISTANT CITYATTORNEY Apri14, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 d, ~ ~ (~. ~~ _ ~~ Re: Withdrawal of Bill No. 82-07 Dear Mr. Rouse: This letter is to request the withdrawal of pending Bill # 82-07. In consultation with the Council's attorney, some changes will be made to other subparts of South Bend Code § 2-213 requiring a new title to the Bill. I believe we will be ready to file a new ordinance to replace Bi1182- 07 by the end of April. I apologize to the Council for the series of postponements to third reading of Bill #82-07, but it has undergone many draft revisions since filing, and a new ordinance is probably simpler. Thank you for your patience and consideration. AMD/cw cc: Kathleen Cekanski-Farrand Sincerely, Cam- Aladean M. DeRose Chief Assistant City Attorney ~i~^~i in ~!~~~'~ ~~#ic® APR - 4 2~8 /~,~/ ~c~,; ~ro~s~E THOMAS I,. BODNAR CHERYL A. GREENE ANN-CAROL HASH JEFFREY M. JANKOWSKI SHAWN. E. PETERSON JEFFREY I,. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2-213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES STATEMENT OF PURPOSE AND INTENT The Table inset of Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code is a summary of all acts which constitute violations of the South Bend Municipal Code along with the penalties prescribed for each violation. This table has not been revised recently to reflect changes, and additions to the listed violations and their respective penalties. This ordinance provides the necessary update. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII.OF THE CITY OF SOUTH BEND, INDIANA as follows: ` Section I. Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code shall be amended to read as follows: (a) The following schedule of ordinance and code provisions are subject to admission of violation before the Violations Clerk and includes the amount of the. civil penalty to be assessed a violator who elects to admit a violation: TABLE INSET: Municipal Code Section Type of Violation Penalty 4-8 Licensing violation 50.00 4-18.5 Adult businesses up to 2,500.00 4-19 Arborist license 4-20 Automotive repair and service centers 50.00 up to 2,500.00 4-20.5 Vehicle removal service 15` - 50.00 2"d - 250.00+ thereafter - 250.00 up to 2,500.00 4-22 Carnivals and circuses 400.00 up to 2,500.00 4-23 Fertilizer manufacturing facilities 25.00 up to 2.500.00 4-25 Food vendine vehicles ~ to 100.00 4-30 Hotels and motels ~ to 2,500.00 4-34 Self-service laundries up to 2,500.00 4-35 Massage establishments and technicians 500.00 up to 2,500.00 4-36 Pool halls ~ to 2,500.00 4-38 Open-air businesses ~ to 2,500.00 4-39 Public parking facility up to 2,500.00 4-40 Outdoor motion picture theaters 500.00 up to 2,500.00 4-43 Peddlers and canvassers ~ ~ to 2,500.00 4-44 Precious metals dealers 200.00 up to 2,500.00 4-45 Restaurants, eg nerally ~ to 2,500.00 4-46 Restaurants with live entertainment and /or music ~ to 2,500.00 4-47 Recycling drop off centers ls` - 50.00+ 2nd - 100.00+ thereafter - 200.00 up to 2,500.00 4-48 Rubbish and garbage removal 39:6A 300.00 4-51 Scrap metal dealers, junk dealers valuable 200.00 up to 2,500.00 metal dealers and recycling operations 4-53 Secondhand stores 200.00 up to 2,500.00 4-55 Charitable solicitations 50.00 up to 2,500.00 4-60 Transient merchants (operator) up to 2,500.00 4-60 k Transient merchants (propertYowner) up to 500.00 4-61 Taxicabs: companies, vehicles and drivers up to100.00 4-62 Waste to ener~y facilities 25.00 up to 2,500.00 5-8 General animal care regulations -isr.69 u~ to 2,500.00 5-9 Sale of baby rabbits, chicks or fowl prohibitedi exception -5:68 25.00 5-10 Motor vehicle accidents involvinganimals ls` - 25.00 thereafter - 50.00 5-11 Animals in motor vehicles -i~66 25.00 5-12 Poisoning of animals X6:6@ up to 2,500.00 5-13 Trapperi_g of animals restricted X66 25.00 5-14 Maximum number of dogs or cats per household X3:66 25.00 5-15 Acreage requirements for certain domestic animals 15.00 5= r6 ~r69 5-17 Owners or agents responsible for Kremova}ing of animal wastes X3:66 25.00 5-18 Animal bites and reports ls` - 25.00 thereafter - 50.00 5-19 Annual vaccination of dogs and cats required up to 2,500.00 5-20 Performing animal exhibitions 75.00 5-21 Interference with animal control officer prohibited ls` - 25.00 thereafter - 50.00 5-21.2 Animals Prohibited to Be Brought to Lame Events Held on Public Property: Prohibition 125.00 5-22 Protected animals 15` - 25.00 thereafter - 50.00 5-23 Keeping certain animals prohibited ' X3:8615` - 200.00+ thereafter - up to 500.00 3=~6 ~~ 5-27 American Pit Bull Terriers and Other-I'~~ Ddangerous deg Animals: L}icensin 36:66100.00 5-28 American Pit Bull Terriers and Other~'er~~nti~lq Ddan e.. ramous dag Animals: S ep cific regulations 50.00 5-28 a ~ecific regulations - Defacin tattoos 50.00+ 5-2g fb) Specific regulations -Notification 50.00+ 5-2g (c) ~ecific regulations - Breeding 75.00 5-2g (d) Specific regulations -Pens or fences ls` - 25.00 thereafter - 50.00 5-2g (e) Specific regulations - Change of ownership 25.00 5-28 ~ecific regulations - Fi hting up to 2,500.00 5-28(x) ~ecific regulations -Public property 50.00+ 5-28(hl Specific r~ulations -Notification by owner/agent 50.00+ 5-28(i) ~ecific regulations -Serious injury or death 2,500 + 5-30 ravine and neuterin og f adopted animals; microchip identification of adopted animals ls` - 25.00 thereafter - 50.00 5-32 Notice of pet license re wired 15L - 25.00 thereafter - 50.00 5-35 Doi and cat registration and identification 15` - 25.00 thereafter - 50.00 5-36 Pet shoespermit 15C - 25.00 thereafter - 50.00 6-46 Building contractors' prelicensin~ registration required; annual renewal 15` - 50.00 thereafter - 250.00 up to 2,500.00 7-19 Cable operator: Enforcement 500.00 2 9-15 Fire Code: Violation; penalty 100.00 up to 1,000.00 . 9-20 ~€ Types of burning prohibited X9:99 100.00 up to 2,500.00 9~-} X9:99 9~ ~;ea~bttrnirtg ~9 12-3 False alarm fines 15` throu~h3`d - no fine 4~' -100.00 thereafter - 200.00 12-6 Alarm agent -Penalties 151- 100.00 thereafter - 200.00 13-3 prohibited Gang loitering 15L - 100.00, late fee _ of 50.00 after 30 dates 2"d - 250.00, late fee of 50.00 after 30 days thereafter - 500.00+, late fee of 50.00 13-4 Narcotics-related loiteringprohibited ls` - 100.00, late fee of 50.00 after 30 days 2"d - 250.00, late fee of 50.00 after 30 days thereafter - 500.00+, late fee of 50.00 13-7 Loitering which obstructs public ways prohibited; ls` - 50.00+, late fee penalties of 25.00 after 30 days thereafter - 100.00+, late fee of 25.00 after 30 days 13-26 Panhandling and solicitation regulations -Prohibited ls` - 50.00 acts thereafter - 100.00 up to 2,500.00 13-37 Prohibited activities related to ticket sales 15` - 100.00 thereafter - 250.00 13-SS.1 Loitering for solicitation ls` - 150.00 2nd - 250.00 thereafter - 350.00 up to 1.000.00 (within a one year eriod 13-57 Unreasonable noise ls` - 100.00, late fee of 50.00 after 30 days 2"d - 250.00, late fee of 50.00 after 30 days • 3`d - 500.00, late fee of 50.00 after 30 days 13-57.1 Use of police officers at 1/large parties or gatherings requiring a second response 50.00 to each violator 13-58 Discharging firearms prohibited; exception up to 2,500.00 13-59 Fireworks re ulg ation 151- 100.00, late fee of 50.00 after 30 davs 2"d - 250.00, late fee of 50.00 after 30 davs thereafter - 500, late fee of 50.00 after 30 davs If fire department involvement, costs up to 2,500.00 13-62 False fire alarms --prohibited 50.00 uP to 1,000 13-67 Warning required on certain size plastic bays un to 2,500.00 13-68 Sale and place of keeping glue restricted; recordine up to 2,500.00 sales required; penalty 13-69 Burial of dead persons not within cemetery uP to 2,500.00 13-75.1 Real estate used for illegal use or sales of narcotics or 50.00 up to 2,500.00 controlled dangerous substances 13-75.5 Disorderly houses; prohibited 250.00 up to 2,500.00 13-78 Smoking or c ing lighted objects upon municipally up to 100.00 owned buses prohibited; exception; penalty 13-81 Public nuisance noises prohibited 15` - 50.00+ 2"d - 100.00+ thereafter - 250.00+ 13-82 Stationary noises 59:66151- 50.00+ 2"d - 100.00+ thereafter - 250.00+ 13-87 Collection of unlawful rime materials by unauthorized person 15` - 50.00+ thereafter 500.00 13-91 Delamage, defacing_or injuring to property as an offense 15t - 50.00 thereafter 100.00 un to 2,500.00 13-97 Restrictions on the possession and manufacturing of 250.00 up to 2,500.00 assault weapons 13-98 Requirements for transporting_and possessing 15` - 250.00 unloaded assault weapons additional 100.00 thereafter up to 2,500.00 13-104 Access to Firearms by Minors Prohibited: Parent and 100.00 legal Quardian required to properly store firearms/ammunition; dealers to conspicuously display si rg_is 13-109 Public places where firearms are prohibited; 50.00 exceptions; sins to be conspicuously displayed 13-110 Public places where firearms are restricted; 50.00 up to 2,500.00 exceptions; signs to be conspicuously displayed 13-125 Tattooing, branding, scarifying and piercing multiple fines for various violations from 150.00 to 2,000.00 14-2 Skateboarding and roller skating prohibited on all 15` - warning city streets; exceptions thereafter - 25.00 14-3 Skateboarding and roller skating prohibited on 15L - warning sidewalks thereafter - 25.00 14-4 Skateboarding regulations in designated city.owned 15C - warning skateboard facilities thereafter - 25.00 14-9 6 Curfew -Fifteen-, sixteen- and seventeen-year olds 151- 25.00 2"a - 100.00 thereafter in same year - 200.00 14-7 Children under fifteen (15) years of aQe 151- 25.00 2"a - 100.00 thereafter in same year - 200.00 14-14 Residential swimming pool 25.00 14-16 Prohibition of Omen Alcoholic Beverage Containers: 15` - 50.00 Possession or consum tp ion prohibited thereafter - 100.00 un to 2,500.00 14-17 Operator or owner of motor vehicle in violation9pen 15t - 50.00 thereafter - 100.00 up to 2,500.00 14-21 Ultimate fighting_prohibited 1,000.00 up to 2,500.00 14-26 Public Safet~Requirements for Lame 1S1- 100.00 EatingiDrinking~Establishments: Verification of 2"d - 350.00 server intervention programs required to be filed with 3`d - 500.00 the board of public safety 14-27 Verification of responsible mana e~ment practices and ls` - 100.00 programs required to be filed with the board of public 2nd - 350.00 safety 3rd - 500.00 14-28 Number of required trained securitypersonnel and 15` - 100.00 verification of trained security personnel required to 2nd - 350.00 be filed with the board of public safety 3`d - 500.00 14-30 Required public safety announcements 1S1- 100.00 2"d - 350.00 3`d - 500.00 14-36 Stun Gun Regulations: Prohibited conduct 1S1- 250.00 2nd - 500.00 3`d - 1,000.00 16-12.1 Unauthorized collection of residential refuse; u~ to 2,500.00 penalties 16-543 Conditions constituting pPublic nuisances 2r6$-1S` - 50.00 up to 2,500.00 2nd - 100.00 up to 2.500.00 thereafter - 200.00+ - to 2,500.00 ~6=Cr1~ X5:96 g-~ X66 18-55 House Numbers: Displa~g unassigned number 1S1- 15.00 prohibited thereafter - 25.00 18-5~6 Exhibit number; size of figure 15` - 15.OOf thereafter - 25.00 18-58 Numbering new buildings; time limit 15` - 15.OOf thereafter - 25.00 18-59 Destruction or change of numbers prohibited 151- 15.OOf thereafter - 25.00 19-17 Tree and lawn area regulations -isr.66~ to 2,500.00 -}9~g -1.5-69 19-34 Weeds and Noxious Growths: Failure to comply with 20.00 up to 1,000.00 notice; public nuisance }gam 26:66 19-40 Public Parks: Prohibited acts ~rifiimr-parlt`s 50.00 19-41 Public Parks: Advertising 20.00 19-42 Public Parks: Disorderly conduct 50.00 19-43 Public Parks: Gambling ~~i~hm-parks 50.00 19-44 Public Parks: Explosives, firearms, weapons and 25.00 up to 2,500.00 missiles 19-45 Public Parks: Aviation 25.00 19-46 Public Parks: Camping ronitl7irrpark°s 50.00 19-50 Public Parks: Peddling, sales, photographs, etc.i concession contracts 50.00 19-51 Protection of animals 25.00 up to 2,500.00 19-52 Public Parks: Fires t~~itl~n-perks discarding_li hg ted cigars, etc. ~5-6650.00 19-53 Public Parks: Boating 25.00 up to 2,500.00 19-54 Public Parks: Fishing; nl?rotection of fish 25.00 19-55 Public Parks: Bathing t~~iti~in-p~rk°s 25.00 19-56 Public Parks: Subsurface aquatic activities 25.00 up to 2,500.00 19-57 Public Parks: Toy aviation; kite flag; model 25:00 up to 2,500.00 boating, automobilin og r airplane flying 19-58 Public Parks: Games 25.00 up to 2,500.00 19-59 Public Parks: Animals at large 25.00 19-60 Public Parks: Horses 25.00 19-61 Public Parks: Alcoholic beverages and drags controlled substances 50.00 19-62 Public Parks: Construction work 25.00 up to 2,500.00 19-63 Public Parks: Traffic control and speed limitations 50.00 19-64 Public Parks: Vehicle use r~estrictionsrt~xr~ei°ri-e}es 25.00 19-65 Public Parks: Careful driving 25.00 up to 2,500.00 19-66 Public Parks: Restricted areas 25.00 up to 2,500.00 19-67 Public Parks: Driving instructions 25.00 up to 2,500.00 _ 19-68 Public Parks: Obstructing traffic 25.00 19-69 Public Parks: Parking at night 25.00 19-70 Public Parks: Towingprojecting articles 25.00 up to 2,500.00 19-71 Public Parks: Driving off pavement 25.00 19-72 Public Parks: Working on vehicles 10.00 19-73 Public Parks: Equipment on vehicles 25.00 u~ to 2,500.00 19-74 Public Parks: Parkways 25.00 up to 2,500.00 19-75 Public Parks: Curfews 25.00 20-x$60 9~ertim~ Commercial vehicle parking restricted r99f1~99 20-61 Parking limited on certain streets in central commercial area ~ to 2,500.00 20-62 Stop required when traffic obstructed ~ to 2,500.00 20-63 Stopping or parking near hazardous or con eg sted lp aces up to 2,500.00 20-64 Available street or alleyspace for traffic; uncontrolled up to 2,500.00 use of alley prohibited 20-65 Use of alley to private propertX ~ to 2,500.00 20-66 Parking in front of theaters, hotels and between "no ~ to 2,500.00 parking 'signs 20-67 Parking rohibited or limited in certain desi n~places x:9910.00, 100.00 if special event violation 20-68 Parking in front of business or professional buildings ~ to 2,500.00 or in Citg--owned parking facilities restricted _ 20-69 Standine for loading_on1X >?P to 2,500.00 20-70 Bus and taxicab stands up to 2,500.00 20-71 Passenger vehicles in bus or taxicab stands up to 2,500.00 20-72 Method of parking=parallel and single parkin; up to 2,500.00 exception for motorc~ cles 20-73 Right side to curb up to 2,500.00 20-74 vehicles on streets for sale or repairs Parking 50.00 pending _ 20-75 Vehicle used for advertising on streets up to 2,500.00 20-76 Illegal parking up to 2,500.00 20-77 Overtime parking~rohibited ~ to 2,500.00 20-79 Iniurin ogL r tampering~with meters ~ to 2,500.00 20-80 Use of slugs in meters up to 2,500.00 20-81 Limitation on turning_vehicles up to 2,500.00 20-82 Limitations on backing vehicle uP to 2,500.00 20-83 Vehicle emerging from alley, buildin or driveway up to 2,500.00 20-84 Parking on sidewalk, alley or parkway up to 2,500.00 20-85 Driving vehicles on sidewalks up to 2,500.00 20-86 Vehicles on streets beingpaved or blocked up to 2,500.00 20-87 Pedestrians; crossing streets at crosswalks up to 2,500.00 20-88 Boarding_or alighting from vehicles ~ to 2,500.00 20-89 Unlawful riding up to 2,500.00 20-90 Motorcycles; prohibited methods of riding up to 2,500.00 20-91 Vehicles equipped with spikes and lugs prohibited ~ to 2,500.00 20-92 Use of coasters, skates or similar devices restricted ~ to 2,500.00 20-93 Drivin tg hrough processions up to 2,500.00 20-94 Permit required for parades or processions uP to 2,500.00 20-95 Streets to be unobstructed ~ to 2,500.00 20-96 Vehicle load to be deafened up to 2,500.00 20-97 Shrubs or plants obstructin vg iew prohibited up to 2,500.00 20-98 Obedience to School Crossing Guards required ~ to 2,500.00 20-99 Obedience to official traffic-control devices un to 2,500.00 20-100.1 Parking by fire hydrant prohibited 50.00 20-105 Traffic regulations during snow removal conditions 25.00 ~$~} z5:96 20-108 Truck routes: Restrictions 15f - 50.00+ 2nd - 100.00+ thereafter 250.00+ /~[~~_pp_!~ Z~1 V7. /- T__ _~IIRTG 20-111 Designation of handicapped parking spaces 50.00 20-113{-hj~ Reserved space permit: l~n ' 50.00 20-1165 Residential parking sti~ek-erzones sr:66 20-118 Truck parking more than eleven thousand pounds' dross vehicle weight: parking restricted 15` - 50.00 thereafter 100.00 20-122 Noise limit 151- 50.00+ 2nd - 100.00+ thereafter 250.00+ 20-123 Excessive noise 151- 50.00+ 2"d - 100.00+ thereafter 250.00+ ~~ Sigm~~ns ~/~9:96 Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana 1st READING ~ (- ~ L-o PUBLlC HEARING 3 rd READING NOT APPROVED REFERRED PASSED i ii~d in +Cierk's ~firice NOV - 7 ~~0? JG~i'd V(JC°~'^ CST`f CtEfi;K, SJ. FsEhD, tN. F:\DATA\SHARE\Legal\Wpdata\ANID\ORDINANC\Amending Chapter 2 Sec 2-213 Code Violations and Penalties ]02207.wpd PERFORMING ARTS CENTER f~~ II IJo . IZ-0S March 12, 2008 Timothy A. Rouse President, South Bend Common Council 455 County-City Building South Bend, IN 46601 Re: Moms Performing Arts Center and Palais Royale Marketing Fund Appropriation Dear Mr. Rouse, I attach for filing with the South Bend Common Council an Ordinance requesting an appropriation of $2,900 within the Morns Performing Arts Center and Palais Royale Marketing Fund (Fund 273). Revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Moms marquee sponsorships. Pursuant to Ordinance No. 9768-07, the Moms Center has solicited and acquired funds for sponsorship of ticket stock and hereby requests funds be released to purchase said ticket stock. The amount of $2,900 is hereby requested for appropriation. The purpose for which the Morns Performing Arts Center desires appropriation consists of the following: $2,900 Purchase of Morris Performing Arts Center ticket stock The Morris Performing Arts Center requests the Council's approval of this Ordinance that will benefit the City and its citizens. Sincerely, `~ ~ Dennis J. Andres Executive Director DJA/jk Attachment ~i~~~ 1~i ~i+~~;~'~ ~i~~~~ MAR 1 8 2008 ,lfiF1N YSa ~~ h~El, tN., Cl1''(CL~hK, Morris Performing Arts Center • 21 I N. Mi Street • South Bend, IN 46601 Office: (574) 235-9198 • Fax: (574) 235-5604 • http://www.MorrisCenterorg ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,900 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK STATEMENT OF PURPOSE AND INTENT The Morris Performing Arts Center and Palais Royale Marketing Fund (Fund No. 273) was established for marketing and promoting of the Morris Performing Arts Center and Palais Royale. The marketing fund accrues from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768-07, the Morris Center has solicited and acquired funds for sponsorship of Morris Performing Arts Center ticket stock and hereby requests those funds to be released to purchase said ticket stock. The amount of $2,900 is requested for appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The following sum of money is hereby appropriated and ordered set apart from and within the Morris Performing Arts Center and Palais Royale Marketing Fund for the purchase of Morris Performing Arts Center ticket stock. Account Number Description Amount 273 Morris Performing Arts Center $2,900 And Palais Royale Marketing Fund Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council t Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'ciock . m. Mayor, City of South Bend, Indiana 1 st P.EADIPdG 3 ~ Z~! ~~ PUBLIC l~EA46PJG 3 rd REAC?Ii~lG NOT APPROVI~. REFERRED PASSED _.. Cle~k'~ ~lii~e ~il~d In MARi82008 ,1pt1N VSD gE*sp,1N. C1TY CLERK, RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3941 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DEANNA BOYKINS WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known 3941 Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered 281 Riverside Manor and this property has Tax Key Number 25-1011-0453, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and fmds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and fmds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. 'The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 2 SECTION IV. The Common Council hereby confums its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of. South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council ~' -o PRESENTED ~-l `~ N07 APPROVED 3 ~1~~~ aft ~~~3'~:'a ~~~E~~ ,~8 ,~. ; JC~H1! vJi;P~L`E C{TY C6 i;4, ~Q. BEER, IN. ADOPTED I~~~l No- o~`-~-~ RESOLUTION NO. A RESOLUTION CONFIRNIING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 West Sample Street, Suite 1125 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Triangle Machine. 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 lrnown as 3702 West Sample Street, Suite 1125, South Bend, Indiana, and which is more particularly described as follows: Parcel of land, North West of North East Section 1637 2E. Containing 5.4021 2E acear or less. and which has Tax Key Number 18-8112-421507 presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: .~ SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seg. 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. i ~ ~-~, ~ ~ ~~1. ~1 q~- Member o e Common Co cil PRESENTED c,~ ~ ~-o ~ SdOT APPROYEII~ ADOPTED ~IT~~ ail ~~~f~6'~ ~ffiCL AJAR - 6 2008 J^f~i'rl V~CR~3~ CITY Cf.E,~~~, a~?. EE~D, lAl. a i ~~~~\ Lea - obi-3o 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 4315 South Lafayette Boulevard AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR REAL PROPERTY TAX ABATEMENT FOR Heraeus Kulzer, Incorporated WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 4315 South Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: Parcel l: 314 X 675.6" BEG 628' W NE COR SE 1/4 NE'/ 4.86AC SEC 26 37 2E Parcel 2: 314 X 628' BEG NE COR SE'/4 NE'/4 4.528 A SEC 26 37 2E and which has Key Numbers 23-1013-075802 (Parcel 1) and 23-1013-075801(Parcel 2) presently at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et seg., 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 seg., and South Bend Municipal Code Sections 2-76, et sec ., 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 fords 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 sew., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufEcient 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 fords that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, 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 eight (8) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. l ~. y~-"1 ~. ~ ~..ou-~L., I ~lr~ Member of the Common Council PRESENTED `~( '" ag` NOT P.PPROVEt~ Filed fn ~lerk'~ Office f~AR 2 0 2008 JO~iP! VOORCE CITY CLERK, S0.6END, !N. ADOPTED 1200 COUNTY-C1TY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 5741235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY Mazch 20, 2008 EXECUTIVE DIRECTOR Council Member Derek D. Dieter, 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: HERAEUS KULZER, INC. Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above-referenced petitioner for the renovation of an existing facility located at 4315 South Lafayette Boulevazd. Also attached is a copy of the petition,. Statement of Benefits form,-and supporting information. ` The report contains the Department's findings relative to the above petition. The petitioner, Heraeus Kulzer, Incorporated, proposes to renovate an approximate 25,000 square foot building in order to combine their managerial/administrative staff with their manufacturing facility that is already on the site. Heraeus Kulzer, Inc. is seeking up to an eight-year real property tax abatement, and a representative of Heraeus Kulzer, Inc.. will be available to meet with the. Committee on Monday, March 14, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks ~ .. COMMUNITY DEVELOPMENT ~~ ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PA ~IELA C- MEYER DONALD E. INKS ~ MANAGEMENT' 5741235-9660 574/235-9371 - ELIYABETH LEONARD FAx: 5741235-9697 ~ ~ 574/235-9371 1200 CUUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECIiE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA . SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: HERAEUS KULZER, INC. DATE: March 20, 2008 _ _~- _. _ _ __ On March 19, 2008, a petition for real property tax abatement consideration for property located at 4315 South Lafayette Blvd. was filed with the City Clerk by Heraeus Kulzer, Incorporated. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development. for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Heraeus Kulzer, Inc. is proposing to renovate a 25,000 square foot existing building in order to combine their managerial/administrative staff with their manufacturing facility that isalready onthe- site. The building is the eastern most of three connected buildings and fronts on South Lafayette Boulevard. This move will improve the efficiency of both operations. The company manufactures and distributes dental consumable products on the site. The estimated cost of the project is $1,800,000. The manufacturing facility has been at this location since 1989 and under current ownership since 1995. The previous owner was Bayer. The company has just begun collecting information on potential suppliers and contractors for the project. For this reason they were unable to answer the questions related to suppliers of construction materials and construction contractors. They intend to submit this information prior to the Common COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAMELA C. I~IEYER DONALD E. INr:s - 1~'IANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAx: 574/235-9697 5741235-9371 South Bend Common Council RE: Heraeus Kulzer, Incorporated) March 20, 2008 Page 2 Council meeting to consider their confirming resolution. At that time final points will be awarded and the length of the abatement term set. Based on current information, the company will score sufficient points for afour-year term. If they score all of the points for construction they would have enough for seven years. For purposes of consideration of the Declaratory Resolution we are estimating the term at eight years to allow for any extra adjustment. Anything less will result in a reduction in the amount of tax revenue abated. Assuming aneight -year abatement term is approved at the Confirming Resolution, the total taxes to be abated during that term are estimated at $277,908. Total taxes. to be >l aid during the eight-year. term are estimated at $213,964. For comparison purposes, if the term remained at four years total taxes to be abated are estimated at $153,710. Total taxes to be paid over the four-year term are estimated at $92,226. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create thirty-five (35) new, permanent, full- time jobs representing a new annual payroll of $2,922,953. The project will also retain sixty-one (61) existing, permanent, full-time jobs representing an annual payroll of $3,211,500. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or.associated with any previous tax abatements: 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the South Side Development Area, which~is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review'of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner can meet the qualifications for up to an eight-year (8) real property tax abatement under Section 2-82, Industrial Development, City-wide General Standards. Tax Abatement Schedule prepared for: 19-Mar-os HERAEUS KUZLER, INC.Company Name South Bend Centre Township 8 Year Real Property Abatement Schedule* Total estimated Project Cost: $1,800,000 Base Assessed Value: $1,530,000 (base assessed value is estimated at 8 5% of project cost) Assume constant tax rate of: 5.1338% Assume constant SRTC of: 21.7230% Assessed Gross Less Net Percent Tax Tax Year Value Tax SRTC Tax Abated Abated Paid 1 1,530,000 78,547 17,063 61,484 100% 61,484 D 2 1,530,000 78,547 17,063 61,484 88% 54,106 7,378 3 1,530,000 78,547 .17,063 61,484 75% 46,113 15,371 4 1,530,000 78,547 17,063 61,484 63% 38,735 22,749 5 1,530,000 78,547 17,063 61,484 50% 30,742 30,742 6 1,530,000 78,547 17,063 61,484 38% 23,364 38,120 7 1,530;000 78,547 17,063 61,484 25% 15,371._ .. _=46,113 8 1,530,000 78,547 17,063 61,484 13% _ 7,993 53,491 $491,872 $277,908 $213,964 Total Taxes Due During Abatement: $491,872 Total Taxes Abated During Abatement: 277,908 Total Taxes Paid During Abate ment: 213,964 -This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. Tax Abatement Schedule prepared for: ~s-Mar-os HERAEUS KUZLER, INC. South Bend Centre Township 4 Year Real Property Abatement Schedule* Total estimated Project Cost: $1,800,000 Base Assessed Value: $1,530,000 (base assessed value is estimated at 85% of project cost) Assume constant tax rate of: 5.1338% Assume constant SRTC of: 21.7230% Assessed Gross Less Net Percent Tax Tax Year Value Tax SRTC -Tax Abated Abated Paid 1 $1,530,000 $78,547 $17,063 $61,484 100% $61;484 $0 2 1,530,000 78,547 17,063 61,484 75% 46,113 15,371 3 1,530,000 78,547 17,063 61,484 50% 30,742 30,742 4 1,530,000 78,547 17,063 61,484 25% 15,371 46,113 $245,936 $153,710 $92,226 Total Taxes Due During Abatement: ~ 245,936 Total Taxes Abated During Abatement: 153,710 Total Taxes Paid During Abatement: 92,226 ' -This schedule is for estimation purposes only and assumes constant tax rates. The true tax values wilt ultimately be determined by the actual assessed valuation and the then current tax rates. 19-Mar-08 Heraeus Kulzer, Inc. Public Benefit Points Summary ' Qualify Earned Available Public Benefit Item: 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 Proiects (point values are cumulative): A. 100% to 199% , Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399% N 0 65 D. 400% and Over N 0 52 Sub-total Super Size Projects: 93 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contracts N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N - 0 22 - F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan '' N 0 20 Sub-total Construction Related: 0 141 4. Wa4e & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 _ 29 D. Provide Training Y 28 - 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage 8~ 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:(pointualues are cumu lative): . A. Pay for Oversizing or Upgrading N 0 ~ 14 B. Pay for 26-50% of Extension Cost N 0 26 C. Pay for 51-75% of Extension Cost N 0 39 D. Pay for 76-100% of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 335 1000 * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. HERAEUS KULZER, INC. Additional Years of Abatement Multi-family Development Proiects; From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 ': 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 335 Base Years of Abatement 3 Additional Years of Abatement: 1 Total Years of Abatement: 4 ESTIMATED TOTAL .TAX REVENUE Heraeus Kuzler, Inc. REA L PROPERTY -EIGHT YEAR S CURRENT BUILDING TOTAL Year 1* .$144,330 $0 $144,330 Year2 $144,330 7,378 151,708 Year 3 $144,330 15,371 159,701 Year 4 $144,330 22,749 167,079 Year 5 $144,330 30,742 175,072 Year6 $144,330 38,120 182,450 Year 7 $144,330 46,113 .190,443 Year 8 $144,330 53,491 197,821 Total $1,154,640 $213,964 $1,368,604 'Current tax levy REA L PROPERTY -FOUR YEARS CURRENT BUILDING TOTAL Year 1* $144,330 $0 $144,330 Year 2 $144,330 15,371 159,701 Year 3 $144,330 30,742 175,072 Year4 $144,330 46,113 190,443 Total $577,320 $92,226 $669,546 `Current tax levy 20_, PAY 20_ 4~Q "'~°~. STATEMENT OF BENEFITS p~$:~:.. _< `~~ REAL ESTATE IMPROVEMENTS _ - FORM se-1 !Real Property _~' State Form 51767 (R2 / 1-07) ~'~ Prescribed by the Department of Local Government Finance Feu This statement is being completed for real property that qualifies under the following Indiana Code (check one box}: ^ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) . ^ Eligible vacant building (IC 6-1.1-12.1-4.8) INSTRUCTIONS: 1. This statement must be suantt tnemakine ~s de~ston abo ~ whether to designaferanrEconom~ Revr'tali a~onlAreaa Othertvt'se this startement must be s information from the appltc 9 . submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deductron. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.J must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a d~d~~ t~ nthirtpl t 30r da s after the notice of addition to ass d va~af'on or new assessment is mailed totthehroperty owner at ~hetaddress of.' (1) May () Y ( ) Y p shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application o show compliance with the Statement of Benefrts. (IC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3Q)] 5 of benefits approved ton o~after July 1, 2000. The schedules effecte p~ortto J ay f x2000, shat! continue(to apply to a statementaofpbenefitsy(ledibefore July 1, 2000. Name of taxpayer Heraeus Kulzer, Inc. Address of taxpayer (number and street, city, state, and ZJPcode) 4315 S. Lafa ette BIVd. Telephone number E-mail address Name of contact person bbOlka20l Bernie Bolka (574) 299.6621- _ . • Resolution number Name of designating body - County DLGF taxing district number Location of property 4315 S. Lafayette Blvd. Saint Joseph Estimated start date (month, day, yeah Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) 05/01 /2008 Remodel and create offices for corporate headquarters relocation from out of state. Essmatea completion date (mono,. day, year) 09/15/2008 Current number Salaries Number retained 61.00 $2,537,922.00 61.00 NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property is confidential. Current values Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project Salaries Number additional Salaries X2.537,922.00 35.00 $2,9; REAL ESTATE IMPf20VEMENTS COST ASSESSED VALUE 4.1 Estimated solid waste converted (pounds) Other benefits I hereby,certify that ~ representations in this statement are true. Estimated hazardous waste converted (pounds) Fii~t~ i~ ~i°C~t'~ ~~~i~e ~;A~ 1 9 20G8 JwHN VOORDE CITY CLERK, S0. BERD, IN. Signature o e ntative Title . Page 1 of 2 Date si ned ( nth,.day, year). ~~f~~~ We have reviewed our prior actions relating to the des'b d hOSa'd hesolution pas ed underolC 6-1 1 12 1n provides forthe follow ng I'metations:l standards adopted in the resolution previously approved by this Y calendar years ' (see below). The date this designation A. The designated area has been limited to a period of time not to exceed ~- expires is B: The type of deduction that is allowed•in the designated area is limited to: Yes ~ No 1. Redevelopment or rehabilitation of real estate improvements ~ Yes ~ No 2. Residentially distressed areas ~ Yes ^ No 3.Occupancy of a vacant building C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) ears' (see below). E. The deduction is allowed for 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. Telephone number Date signed (month, day, year) Approved (signature and title of authorized member of designating body) Designated body Attested by (signature and title of attester) ' If the designating body limits the time period during whicnated under IC 6 1 12 12.1-4 ta~ization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years des g ears. A. For residentially distressed areas, the deduction period may not exceed five (5) y B. For redevelopment and rehabilitation or real estate improvements: ears. 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (earsr ten (10) y 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) y C. For vacant buildings, the deduction period may not exceed two (2) years: Page 2 of 2 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 se .and South Bend Municipal Code Sec. 2-76 et se .for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: Land Size 9.388 acres; Building Size 25000 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Manufacturing and Distribution of Dental Consumable Products. 3. Estimate the dollar value of the project (excluding land): $ 1,800,000 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ 1,970,600 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under . which the corporation has filed with the Securities and Exchange Commission): NAME . ADDRESS INTEREST (%) Heraeus Kulzer, Inc. :4315 S Lafayette Blvd. ~ 100% (Rev 10/23/06) I (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST(%) 6. The commonly known address of the Property is: Same 7. The Key Number(s) of said property is: 23-1013-075802 23-1013-075801 8. A legal description of the above address is attached hereto, marked AExhibit A,@ and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked AExhibit B,@ and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked AExhibit C,@ and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 35 full-time and 0 part-time permanent jobs within the first year, representing a new annual payroll of $ $ 2,922,953 and will maintain 61 existing permanent full-time and existing permanent part-time jobs including existing permanent full-time minority employment of 9 and existing permanent part- time minority employment of 0 with an annual payroll of $ $3,211,500 , 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space ~is needed, please attach a separate sheet): See Attached 13. Provide current employment wage information including; base rate, cost-of- living allowances, hazardous-duty pay, incentive pay including commissions (Rev .12/29/06] 2 and production bonuses, on-call pay and ti shiftDdifferelntials,enon-produ ton duty pay, overtime pay, severance pay, bonuses,. and tuition reimbursements (average hourly rate or range): Full-Time Pa- Laborers $ 17.87/hr. ~ Technical $ 54 500/yr. ~ Managerial $ 88 OOO/yr. ~ Administrative $ 49 000b[r. ~ 14. Indicate whether your company provides the following benefits (use Y/N): Y_ Health Care Benefits _Y Pension Plan - Y Employer Provided Training (recognized. or certified training/educational courses or programs) _N_ Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or.indirect support and assistance to its .employees without private transportation to get back and forth from residence to place of employment) N Employer-Assisted Housing Program (provide anemployer-assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for. residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) ~~ - 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes 2007 $ 144,330 2006 $ 207 775 ._ 2005 $ 218 686 2004 $ 185 976 2003 $ 268 792 (this information may be obtained from the St. Joseph County Treasurers office 235- 9531) (Rev 12/29/06) 16. Please list the number of full-time and part-time minority employees for each ' of the last three years: 2007 2006 - Year 2008 Full Part Full Part F611 Part Black 7 ~ 6 Hispanic 2 2 2 Asian 1 1 1 Indian 0 0 0 Other 0 0 0 17.Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: No, yet we maintain an EEO policy; see attached.. _ - _ . - - 18. Indicate whether or not-your project meets any of the following criteria (contact Community & Economic Development Dept. 235-9335 for information on this section): Conversion to residential use of a commercial AEligible Building@ as .. _.. designated by the Community & Economic Development Dept. Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department Pays for the cost of cleaning up a ABrownfield,@ which is any site, _ building facility or complex that has been designated a Brownfield by the Community and Economic Development Department. Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 4 .. (Rev.12/29/06) 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, coNege, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): No 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? No 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed)::: No 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of .this application). 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAI_CS) major group within which the proposed project would be classified, by number and description: 3843 SIC 339114 NAICS .. 5 (Rev 12/29/06) . 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 06-1154129 27. The current use of the Property is _ Manaufacturinct and Distribution and the current zoning is Commercial (This information may be obtained from the Building Department 235-9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. None 29. Other anticipated public financing for the project including, if any, industrial ~~ revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. None 30. The following person(s) should be contacted as Petitioner=s agent regarding additional information and public hearing notifications: Name: Bernard Bo1ka Address: 4315 S. Lafayette Blvd. City, State, Zip: South Bend Indiana 46614 6 (Rev 12/29/06) Telephone: 574-299-6621 or 574-210-0165 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: Sandra Wisler Address:_ 4315 S. Lafayette Blvd. City, State, Zip: South Bend, IN 46614 Telephone: 574-299-6622 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution desigriating 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 pucsuant 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): Heraeus Kulzer,lnc. Bernard J. Bolka Vice President Finance and (Rev 12/29/06) Admin. (Uttlce ~if~ti 1~ ~lerlC'~ OiflCe MAR 1 9 2008 JGIiN VGGRDE CITY CLERIC, S0. BEiVD, IN. 22. In the following chart please indicate companies that were used for purchasing materials used in the construction or, rehabilitation associated with the prof ect. Include the location of the company, description of the materials, and cost of the materials. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. (If more space is needed, please photocopy this page) of Name and Address of Com an Descri tion of Materials Cost of Materials Grand Total Local Companies (see above): 1. 2.. 3. 4. 5. 6. 7. 8. 9. 10. Total Local Non-Local Companies: ' 1: 2. 3. ,~ 4. 5. Total Non-Local , GRAND TOTAL ~ - % ~• (Rev 12/29/06.) File In ~1~~ ~L'~ ®filiic~ MAR 1 9 2008 JONt! VOQRDE CITY CLEr~K, SQ. BENA, ltJ. 8 23. In the following chart please list the companies that will be used for the construction associated with the project. lncilcate the name anu address of each company; list the dollar amount of the work to be 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 or not the company maintains an affirmative action plan or other similar plan to achieve racial diversity. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this informations. (If additional space is needed, please photocopy this page). Name and Address of Construction Company Local Companies (see above): 1. 2. 3. 4. 5.. 6. ~. 7. ~8. 9. 10. Total Local Non-Local Companies: 1. - 2. `3. 4. 5. Total Non-Local GRAND TOTAL Total Project Cost from Petition Difference (Please explain): 100% Workers are Employees Contract (Not Independent Pay U.S. Dept. Contribute Labor Wage to a Health Rata /Y/N1 Plan (Y/Nl F~f~;a (~~ C;~~'~'~ ~ 1( MAR 1 9 2008 ~crN vco»~ 9 CITY CLCt1K, SQ, aEn'D, 11V. Maintain Contribute to a Pension Action (Rev 12/29/06) EXHIBIT A Address: 4315 Lafayette (2 parcels) Legal Description: Parcel 1: 314 X 675.6" BEG 628' W NE COR SE '/4 NE '/4 4.86AC SEC 26 37 2E Parcel 2: 314 X 628' BEG NE COR SE '/a NE'/4 4.528 A SEC 26 37 2E 9 Parcel Number: Parcel 1: 23-1013-075802 Parcel 2: 23-1013-075801 Yahoo! Maps - 4315 S Lafayette Blvd, South Bend, IN 46614-2517 „~. ~~ ~ ' ° ~ 1~ Heraeus Kuizer Incorporated Yahoo! Maps - 4315 S Lafayette Blvd, South ~"A~C.3C3F ~-oc~~ a~pa Bend, IN 4fifi14-2517 , ., ~HG~~~ _. ~ ~VC i, hiPFevra ';` . ::._~ . ' __._ ~.~_..,.. ::.W6h'ippi`~C~Ar~e . .. _,_ _ ..~_. . F .. ..Ave a _ :~ ;4(~ i ~ ..a"UC dC$1 , ~ ` l ~ S -~::rerl5t -: ...:: L BarbticSL.~ .. ,a AAelatmalion ... . . , Dr ,; ~ g. .. ~ ~ H W Norman Si ,n ._. _w,.u.y _ ._ _.. _~ Irc Rd .. :. ,~: _ E •Wnd ., - ~.... ~~ 'I ~ ~ i! , .. ~ a., ~i M ;1 540 m i . ~, t000.ft ... ..........:'`i ~ ` ~:Yahoot24~0A,Data~fdAVTEQ2606 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, 4vatch out for construction, and follovl all traffic safety precautions. This is only to be used as an aid in planning. Page 1 of.l http://maps.yahoo.com/print?and=1 &v3=0&.intl=us&&mvt=m&tp=1 &stx=&clat=41.631533&cio... 3/19/2008 w ^ ~ A • ~ SpU Tg 8~~ ~I ~''"~''%%~ City of South Bend ~ ~ ~\EACE/j ~+~ ~ -~ a Common Council M 1865 ~ 441 County-City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Timothy A. Rouse President Oliver J. Davis ~ ` ~ \ `~ ~( Vice-President Vl., S ~ l Derek D. Dieter Apri19, 2008 Chairperson, Committee of the Whole The South Bend Common Council Derek D. Dieter 4~' Floor County-City Building First District South Bend, Indiana 46601 (574) 235-9321 Faz (574) 235-9173 TDD (574) 235-5567 http: / /www. so uthbendin. gov Henry Davis, Jr. Re: Substitute Bill No. 08-22A Second District Dear Council Members: Thomas LaFountain Third District At the last meeting of the Council Rules Committee, various concerns were raised Ann Puzzello ~~ regard to the resolution proposed to improve management and planning. The Fourth District attached substitute resolution addresses those concerns. The resolution amends former Section II by including language that the appointment of the Council David Varner Attorney would be subject to a satisfactory annual performance review by the Fifth District Common Council, which shall be completed on or before September 30~' which would be a part of the annual budget process. The measurable outcomes utilized Oliver j. Davis by the Common Council would include a satisfactory completion of the duties set Sixth District forth in the South Bend Municipal Code § 2-7(b). Al "Buddy" Kirsits Council President Rouse and I would like to thank .Council Members White and At Large puzzello for their input on this amendatory language. We respectfully request the Timothy A. Rouse support of all members of the South Bend Common Council. Thank you very At Large much. . Karen L. White Sincerely, At Large Kathleen Cekanski-Farrand Council Member at Lazge Al "Buddy" Kirsits Council Attorney Attachment '~I~{'~ Q~#[~® ~I~~d {;~ ~4t~ APR - ~ ;~ng JOHPI ~~ 86E iR, IN. GITY CLI:IsYc, Resolution No. Substitute Bill No. 08-22A A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS SUPPORT FOR THE RETENTION OF THE COUNCIL ATTORNEY FOR CALENDAR YEARS 2008 THROUGH 2011 ON A CONTRACTUAL PART-TIME BASIS ~~nii~eaa~, the South Bend Common Council notes that it is authorized to hire or contract a Council Attorney under the Indiana Code; and ~l~~aa., since 1975 when the Indiana law took effect, the .South Bend Common Council has elected to hire on a contractual basis apart-time Council Attorney; ~~ii~eaa, the Common Council believes that it would be a good management and planning decision to hire the Council Attorney for the current Council's term n~nning from January 1, 2008 through December 31, 2011, with this action being in the best interests of the Common Council. `/ I a'~j V~~'!~ E~~l ~ (/(/ ~~Q~V" y~ ~ `Y ~l ~~~ `Y ~~~U/LLT/1/ ~~ `Y U ~V ~~! C~~~a, as follows: Section I. The Common Council of the City of South Bend, Indiana, pledges its support to Kathleen Cekanski-Farrand, Indiana Attorney # 3168-71, to be their Council Attorney for the current Council Term running from January 1, 2008 through December 31, 2011, on a contractual part-time basis. Section II. The appointment of the Council Attorney would be subject to a satisfactory annual performance review by the Common Council, which shall be completed on or before September 30~' as a part of the annual budget process. The measurable outcomes utilized by the Common Council shall include a satisfactory completion of the duties set forth in the South Bend Municipal Code § 2-7(b) addressing the drafting of ordinances and resolutions; reviewing all proposed ordinances and resolutions as to form and legality; giving legal advice as requested by the Common Council, its committees and members; and advising the Office of the City Clerk on matters regarding publication and codification of ordinances; with a summary of the same being provided . in a Council Attorney Annual Report which shall be submitted for Council review. Fees for such legal services would be subject to the annual budget review and approval process. Section III. In the event that the Common Council desires to engage the Council Attorney for any special projects such as acting as the Council's Agent for labor negotiations and/or representing the Council in litigation; fees for those legal services would be subject to the submission of a written Professional Services Summary detailing such services, with that Substitute Bill No. 08-22A Resolution Addressing the Council Attorney Page 2 document being submitted with the appropriate claim form and then processed for payment, as required. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council. Member of the Common Council Member of the Common Council ;vG~T APP~O_VE~ tjDOP7ELZ FiiCd~ s~ ~~~t`i~'S Office APR - 3 2008 JpHN yS0 gEN~, IN. CITY CLEt~K, CAUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, IrrolaNa 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PxoNE574/235-9216 Fax 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER April 1, 2008 ~ `l~ ~ ~, ~ b _~ Members of the Common Council Council Chambers 4'h Floor County-City Building Dear Members of the Council, In accordance with the procedure for the renewal of City Business/Occupational licenses for the operation of. Scrap Metal/Junk Dealers/Recycling Operations, renewal applications for three (3) businesses were submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department. The properties were inspected for Fire Code violations, environmental violations, proper maintenance of the premises and areas outside the fences, and the height and condition of the surrounding fencing. All three (3) applications received favorable recommendations from all reviewing departments. As the applicants have met all of the technical requirements of the ordinance, the attached resolution is being submitted for your consideration. I will present it at, both, the Committee meeting and the public hearing. Please contact me at 574-235-5912 or cclark@southbendin.gov, if you have any further questions. Sincerely, Charles E. Clark ~~~ License Auditor, City of South Bend ~'elg~ F~ ~I~1`k'~ ©t~~~s APR - 9 2008 ~RIF ~ \ra,.sr.'+i^fr C"~'. ~i~.n.1J, ~F'~. JAN~CE L. HALL JOHN MURPHY ROBERT ALLEN y^~~/ DIRECTOR ASSISTANT CONTROLLER DIRECTOR ~~-~J/ HUMAN RESOLiRCES INFORMATION TECHNOLOGY ~~~jjj""""' RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2008 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE. WHEREAS , Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on April 1, 2008 the City Business Licensing Auditor provided written notice to the City Clerk that the following businesses had been approved for Scrap Metal Dealer, Junk Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2008 licensing year; and A-1 Auto Parts 2014 S. Lafayette B;vd. Concrete Recycling Center, 1702 N. Bendix Dr. Gertrude Street Metal Recycling, Inc. 3700 Gertrude St. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Business Licensing Auditor's communication to the City Clerk dated April 1, 2008: A-1 Auto Parts 2014 S. Lafayette B;vd. Concrete Recycling Center, 1702 N. Bendix Dr. Gertrude Street Metal Recycling, Inc. 3700 Gertrude St. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. l 4~-u ~ .12-`J~ .~c_ FRESEtJTEE9 .~~1 `t'~-~r~ Nor aPP~o~E ADOPTED. ' Member of tiled In clerk's ~filiee APR - 9 2008 JOHN VOORDE CI'iY CLERK, SQ. BEND,IN. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EASTNVEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EASTNVEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET 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 East/V11est alley South of Golden Avenue from Woodward Avenue to the first North/South alley for a distance of 120 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley South of Golden Avenue from Riverside Drive to the first North/South alley for a distance of 120 feet and a width of 14 feet. Being a part of the Shetterley Place 3~d Plat, Portage Township, City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of--way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 18-1061-2587 18-1061-2586 18-1061-2608 18-1061-2641 Section IV. The purpose of the vacation of the real property is for safety and security reasons. The side door to our home at 1043 Riverside Dr. opens right on to the alley with the potential of the door being opened or someone stepping out into an oncoming vehicle. Secondly, pedestrian traffic uses this side alley its' close proximity to our home diminishes our privacy and increases our need for security measures. 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, and upon recording of a cross easement between the property owner and the contiguous property owners. Member of the Common Cd(a'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 , 2 , at o'clock . m. Mayor, City of South Bend, Indiana $~' READII~v ~'~ "~~ Pu~~lc I-tEARtNG 3 rd READ[NG NOT APPROV[:D P•.EFL•RRED PASSED ~iE~t~ {~ ~l~r4s'~ Qf~ice f~iAR 2 0 2008 JOti;1 VflOR"vE CITY CL~PiK, S0. CEF;D, IN. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETSIALLEYSI TO THE COMMON COUNCIL DATE: ~ l ZO C~ OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: ~'.,~ ~ ~ ~ ~~Io2 ~ N f Se~,L~i-( Ac._t_~1~ E~„~~T~ ~ r ~~cc~~ ~~t t`~y ~ r'~ N ~7 ~ ~~'~~ o ~ irv oo~~ ~o r`~V~ B. THE STREET DESCRIBED AS: NAME (signed 8~ printed) ADDRESS LOT # M,ic.~~EL ,~,LIS~S ~cy-3 Qly~eS~o~~, SauN 3~~~,~~ 1~-~orr~-2.S~7 ~~~6~~~ _ CONTACT PERSON (S) NAME: M tct-~ r1c' ~ Al ~ ~ SES RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 COUNTY-C T ADDRESS: ~ 0~-3 GLt~~~S, t~ ~2. SOUTH BEND, IN 4660 `I ~~ ~~ ~~~"~~~~° ~sf((r8 574-235-9221 "~~~.-....__'PFt01`IE: :, `:~d !~t?C~ ~uE ' C~To'r'.~;,5, c~w~. ~c~~, IN. ~~ ~h i Oh ~~~ ~ ~~ ~L~ SHETTER134 129 THR~ ' CALIFORNIA AVE. LEGAL DESCRIPTION: ~ Orb ry~o The first alley to be vacated is the first East/West alley South of Golden Avenue from Woodward Avenue to the first North/South alley for a distonce of 120 feet and a width of 14 feet. The second alley to be vocoted is the first Eost/West alley South of Golden Avenue from Riverside Drive to the first North/South alley for a distance of 120 feet and a width of 14 feet. Being a part of Shetterley Place 3rd Plat, Portage Township, City of South Bend, St. Joseph County, Indiano :e1s Re c county rarcees pARCELID NAME_1 STREET CITY TE ZIP 1 18-1062-2664 NORTHWEST NEIGHBORHOOD INC PO BOX 1132 South Bend I N 46624 2 18-1062-263501 KAHAL INA E 6 11 CALIFORNIA AVE. South Bend I N 46616 3 18-1062-2636 BILBREY DANIEL G. & JOYCE A.MISC 613-615 CALIFORNIA AVE. South Bend I N 46616 l 4 18-1062-2666 JOHNSON FRED 1019 WOODWARD South Bend I N 46616 5 18-1061-2588 SHILLINGSBURG PETER L & MIRIAM J 1041 RIVERSIDE South Bend I N 46616 6 18-1062-2651 STEYAERT PHILLIP 712 CALIFORNIA ST South Bend IN 46601 7 18-1062-2637 HANTUBA JOYCE 243 E BROADWAY South Bend IN 46601 8 18-1061-2607 HEAMON THERESA 1026 WOODWARD AV South Bend IN 46616 9 18-1061-2580 SYSYN ROMAN 1067 RIVERSIDE DR South Bend IN 46616 10 18-1062-2650 WILLIAMS GARRETT R 66880 SMILAX RD North Liberty IN 46554 11 18-1062-2649 NEAR NORTHWEST NEIGHBORHOOD INC 1007 PORTAGE AVE South Bend IN 46616 12 18-1061-2591 WRIGHT LORRI J 1033 RIVERSIDE DR South Bend IN 46616 13 18-1062-2663 BURNETT CALLIE A 1005 WOODWARD South Bend IN 46616 14 18-1062-2667 LEONE CHARLES 719 CALIFORNIA ST South Bend IN 46616 15 18-1062-2635 RATCLIFF JUDITH M AS TRUSTEE OF JUDITH M RATCLIFF REVOC TRUST PO BOX 2 South Bend IN 46624 ~ 16 18-1062-2674 FEWELL WILLIAM D & BARBARA 1157 E CALVERT ST South Bend IN 46613 ~ 17 18-1062-2670 FEWELL WILLIAM D & BARBARA A 1157 E CALVERT ST South Bend IN 46613 18 18-1062-2665 NEAR NORTHWEST NEIGHBORHOOD INC P.O. BOX 1132 South Bend IN 46624 19 18-1062-2668 KIBUTU MARY 7412 CHADWELL CR UNIT 203 Windsor Mill MD 21244 20 18-1062-2669 JOHNSON ANNA 1901 OSOLO RD LOT # 208 Elkhart IN 46514 21 18-1062-2638 MATERNOWSKI PHILIP C & CAROLYNN W 1010 WOODWARD DR South Bend IN 46616 22 18-1062-2672 LEONE CHARLES S 1055 RIVERSIDE DR South Bend IN 46616 X23 18-1062-2671 TURNBO JAMES E 23125 ACACIA PL South Bend IN 46628 24 18-1061-2596 BENNETT RICHARD J AND HELEN M 1017 RIVERSIDE DR South Bend IN 46616 ~ 2 5 18-1062-2639 MABRY BRIAN & LAURA 1014 WOODWARD South Bend IN 46616 2 6 18-1061-2595 SIMA JOSEPH C & BONNIE M SIMA 1019 RIVERSIDE DR South Bend IN 46616 / 2 2 7 18-1062-2640 8 18-1061-2594 HARDING MICHAEL &HARDING KIMBERLY %OPTION ONE MORTGAGE REASOR TERRENCE L P.O. BOX 1941 1021 RIVERSIDE DR Mishawaka South Bend IN IN 46546 46616 2 9 18-1061-2593 BISCUSO DOMINIC W & LEDDY KELLY M AS JOINT TEN W/EROS 1025 RIVERSIDE DR South Bend IN 46616 30 18-1062-2641 BARTHOLOMEW DARLENE E TRUSTEE OF THE DARLENE E BARTHOLOMEW REVOCABLE TRUST DATED 6/28/05LIFE ESTATE 53278 BA-J-ER LANE South Bend IN 46635 31 18-1061-2592 TASCHETTA JOSEPH J & HUGHES ROLANDA L 1029 RIVERSIDE DR South Bend IN 46616 32 18-1061-2608 HEAMON THERESA 1026 WOODWARD AV South Bend IN 46616 33 18-1061-2590 BUTT RYAN D 1035 RIVERSIDE DR South Bend IN 46616 ~ 34 18-1061-2589 SMITH JACQUELYN G 1037 RIVERSIDE DRIVE South Bend IN 46616 ~ 35 36 18-1061-2606 18-1061-2605 MCCARTHY JOHN & BRENDA EMME ERIN S & MARY D 3523 FALLEN LEAF LANE 1038 WOODWARD San Antonio South Bend TX IN 78230 46616 37 18-1061-2587 NEISES MICHAEL A & CHRISTINE M 1043 RIVERSIDE South Bend IN 46616 v .~ 38 18-1061-2604 BRIDENSTEIN REBEKAH K 1040 WOODWARD AVE South Bend IN 46616 39 18-1061-2586 WILBER MARY ELLEN 1910 E JEFFERSON South Bend IN 46617 40 18-1061-2585 PRICE THOMAS M & ANN GRAHAM PRICE 1049 RIVERSIDE DR South Bend IN 46616 41 18-1D61-2603 SEAGO LOUIS M & LOUIS M III & MICHAEL D AS JOINT TENANTS W/A FORS 2506 S MICHIGAN ST South Bend IN 46614 42 18-1061-2584 LEONE CHARLES 5 1055 RIVERSIDE DR South Bend IN 46616 43 18-1061-2583 LEONE CHARLES S 1055 RIVERSIDE DR South Bend IN 46616 44 18-1061-2582 BARABASI ALBERT-LASZLO 1059 RIVERSIDE DR South Bend IN 46616 45 18-1061-2581 TAYLOR BYRON J 1061 RIVERSIDE DR South Bend IN 46616 46 18-1061-2579 HARTZ CHRISTOPHER R & MEGAN CONWAY 1069 RIVERSIDE DR South Bend IN 46616 'Z 2 ~-'""'~""~ ~ j ~ ~ , C.~-e.vev~J - '~ ,u. •,G7C i13~ _ Z r_', .: . ~1~~~ ~€~ ~',N~€C'~ ~~~3G-~~ 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574! 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORDS July 23, 2007 Mr. Mike Neises 1043 Riverside Drive South Bend, Indiana 46616 RE: Alley Vacation -Entire North/South Alley East of Golden Avenue and North .of Woodward Avenue Dear Mr. Neisel: Upon review by the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: Area Plan stated 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 subject to cross access easements. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Fire Department stated that the alley vacation may make it difficult for the homeowners to use the garage. Community & Economic Development stated that there may be problems with garage access by existing adjacent property owners because all four garages are oriented towards the alley proposed for vacation. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Conunon Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS ~ PRESIDENT ~ MEMBER MEMBER i June 23, 2007 Neises, Mike Page 2 of 2 Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, inda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering March 20, 2008 To: Common Council City of South Bend From: Michael Neises 1043 Riverside Drive South Bend, IN Re: Petition for alley closure Dear Council Members, Our desire for an older home along with a strong impression that South Bend was making a renewed commitment to its neighborhoods led my wife and I to move from Granger in August of 2fl06 and purchase a previous rental property at } 043 Riverside Drive. One of the undesirable features of the property is a cross-alley on the north side of our property, particularly because our home sits right on the alley without any buffer. Our side door literally opens on the alley, with the risk of being hit by a vehicle when opening the door or stepping out of the entryway. Traffic, though very limited, moves too fast, and is of a "cut through" nature. It is generally an unsafe area as it relates to traffic, and a particular concern for us as we age, and also when we have our grandchildren over. A second concern is the matter of privacy and safety, both for us and our property. The alley gives access to individuals to our side and back property in a way that makes us feel vulnerable at times, and we have had a few instances of teen boys just hanging out in the alley, literally right under our windows. We therefore, respectfully request that the Common Council render a favorable decision and vacate the alley described in the ordinance. Sincerely, Michael Neises ~~~~~,~ ~~~t~e ^"'; ,$ F... , - Ci~l' f+~~p ~~i~ ~, Pry 1316 COUNTY-CIT"f BUILDING 227 W ]EFFERSON BOULEVARD SOUTH BEND, 1N DIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR ~®ARD.OF PUBLIC ~®RKS July 23, 2007 Mr. Mike Neises 1043 Riverside Drive South Bend, Indiana 46616 PHONE 574/ 235-9251 F.vc 574/ 235-9171 TDD 574/ 235-5567 RE: Alley Vacation -Entire North/South Alley East of Golden Avenue and North of Woodward Avenue Dear Mr. Neisel: Upon review by the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Depal.•tlnent, 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 subject to cross access easements. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a 'public' right of way by the neighborhood in which it is located or to which it is contiguous. The Fire Department stated that the alley vacation may make it difficult for the homeowliers to use the garage. Community & Economic Development stated that there may be problems with garage access by existing adjacent property owners because all four garages are oriented towards the alley proposed for vacation. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking un your radius map. GARY A. ~iILOT, P.E. CARL P LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER ~ MEMBER June 23, 2007 Neises, Milce Page 2 of 2 Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, '~ inda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORDS TO: ~arl Littrell, Engineering Department FROM: Linda M. Martin, Clerk ~~~- RE: Request for Recommendation -Alley Vacation Location: Entire North/South Alley East of Golden Ave and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 ~hn Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development mob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department /Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only DUE: July 2. 2007 FAX OR E-MAIL TO:, 235-9171 1 Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. 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R.2~~ 2 3 20~~ T..... .. _ _ ~ ~ T Meroory TX Result Report (Jun, 21, 2007 8.32AM) m m 1) BRD PUB WORKS & SAFETY 2) BOARD OF PUBLIC WORKS & SAFETY Date%Time; Jun, 21, 2007 8;30AM File Page No, Mode Destination Pg(s) Result Not Sent ---------------------------------------------------------------------------------------------------- 9289 Memory TX 82359813 P, 2 OK 82842220 OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hang up or l+ne fail E. 2) Busy E. 3) No answer E. 4) No facsimile connection E. 5) Exceeded max. E-mail size you ~,grp6~~ c ~ \~ %2, w aZ ~~~ o ~ 186rf ~ INTER-OFFICE MEMORANDUM 60ARD OF PUBLlC WORKS TO: Carl Litball, EnOmeadngAeparhnent John 8yom1, Area Plan Commission (235-9813 fax) Jeff Gbney, Community 8 Economic Development Chris Oreasel, Community & Ecanomlc Development Boh Mathis, Communty & Economic Development Rohert Sandero, Flre DeparlmeM Jack D&Ivn, Svfid Washf Wtltlam Kraua, Pollee Department Stephen Goen, Ponce Departmem Cheryl Greene, CIyANameys Office Jfm BeRIn, NIPSCO Crbetfm~rrisource.com or284-2220 fax) For tnforma6onal Purpoaea OMy FROkI: Linda t.4, MartlR Glerk~ RE: Request for Retammendafion-AlleyVawSon Locatlon: E_nxm NorthBoufi Mev East d Golden Ave and North of Woodward ve u (Prellminary ReNew) GATE: June 20, 2007 DUE: - July22D07 - FAX OR E-MAILTO: 236-9777 ! hnartin@evuthbendin.gw RETURN RECOMMENDATION PAGE ONLY. ATTACHfdENTS NOT REQUIRED. 6Y: DATE: INTER-®FFICE MEMORANDUM 030ARD OF PUBLIC Vtl®RKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Betfin, NIPSCO lirbettinCa~nisource.com or 284-2220 fax} For Informational Purposes Only FROM: Linda M. Martin, Clerk,-~ RE: Request for Recommendation -Alley Vacation Location: Entire North/South Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 ~~~,.~ DUE: July 2, 2007 FAX OR E-MAIL TO:, 235-9171 ! (martin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ~-CC.Q~J/ ~~~~r TE: ~/~I/c 7 F ~'oura a~, ~ o ~1~I~~i~ir;~/, tia ~ ~ i% i . ~z (U \\ ~\ i ~ / C~ ~~ PEA~E// 1 \ ` / ~~ ~~. a~ ~~ 1865 [LATER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Pian Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (IrbettinC~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk~~~- RE: Request for Recommendation -Alley Vacation Location: Entire North/South Alley East of Golden Ave and North of Woodward Avenue (Preliminary Review) i DATE: June 20, 2007 I~ DUE: July 2, 2007 FAX OR E-MAIL TO:, 235-9171 / Imartin(a?southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8~ RECOMMENDATIONS: / .~7 Fj„ ~ a~ ~., jy X E~ ~r,i C-r~ f' / ~ "~ 9tY 't~ yT ~ l~ ~Nll ti~~ ' ~ Y fj .Il'~Gs~ ~kt~5 ~' y~ BY: /~IdLa~ /"II/~itT~i-t-t~? DATE: ~. ~~/~f~~ '~ Jun 2~ 07 07:59a SBPD TRAFFIC (2191235-9308 p. 10 ll'+ITER-OFD{CE MEM®RAN®UM ~OAR® Ot+ PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Araa Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Develapment Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (Irbettin(a7nisource.com or 284-2220 fax) For tnformatlonat Purposes Only FROM: Linda M. Martin, Clerk~~,--- RE: Request for Recommendation -Alley Vacation Location: Entire North/South Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Revieev) DATE: June 20, 2007 DUE: Jul~2, 2007 EAX OR E-MAIL TO: 235-9171 / ImartinC~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: ,TE: ~'a~' ~r~a Plan Cnt~nr~issi®n ®t St. ~lcasep~h ~®unty 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 June 25, 2007 The Board of Public Works 13'f' Floor, County-City Building South Bend, Indiana 46601 RE: Vacation Entire North/South Alley East of Golden Ave. and North of Woodward Ave. Dear Board Members: The staff has reviewed this petition. It is the staff s opinion that: (1) 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. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient subject to cross access easements. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation woa~ld not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the alley be vacated subject to cross access easements and any further utility or turning radius easements recommended by the Engineering and Building Departments. Sincerelyn, ~~ I J R bent Nemeth, Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana INTEC~-OFFICE MEMO~NDUIVI BOARD O1P PU6L.fC VVAI~KS T0; Carl Littrell, i/ngineering Department John Byorni, Area Plan Commission (235-98f 3 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NlpSCO 'rbettin nisource.com or 284-2220 fax} P~rpos®s Onlyal FROf~I: Linda M. Martin, Clerkly-~ RE; Request for Recommendation -Alley Vacation Location: Entire North/South Alle East of Gold n Ave. and North of Woodward Avenue (Pr®liminary Review) bATE: June 20, 2007 DUE: July 2, 207 FAX OR EMAIL Toy, 235.9171 / Imartln southbendln. ow RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. ' COMMENTS & RECOMMENDATIONS: ' ~ ~e ~,N~ h, s ~ ~ ~-1 r ~rN s ~o U ~ ' 1 S -~!~ / S G~ ~ ~- 7 ~ ~v/!7~ GrrtiN~ ~r BY. C ~~ ~,~ DATE:, I ~, ~. Z0/T0 ~9dd 1d3Q ~~II~ QN~H H1flOS 50869EZVL5 65~ZZ L00Z/8Z/90 { INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax)~• ; ~, ~- B G ~ .--. Jeff Gibney, Community & Economic Developme'nt~ ~~ -, @.L„~ r,'~ [ ;w :" _ ~;' Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development JI 11 ~ ~. %'~~J f Robert Sanders, Fire Department -`°'- ' Jack Dillon, Solid Waste C;TY OF SO; I ; ;-; ;;' _~, D William Kraus, Police Department DIV. OF ENGIi~EE;,:I'' __ Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettinna nisource.com or 284-2220 fax) For Informational Purposes Oniy FROM: Linda M. Martin, Clerk. J~--- RE: Request for Recommendation -Alley Vacation Location: Entice North/South AI{ey East of Golden Ave, and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2.2007 FAX OR E-MAIL TO:, 235-9171 / Imartin(a~southbendin.clov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ~) P~2~-~T "~n~"~~-I c~„1 r.I~- T~Ri r ~t~ C~-~c--o~-~5 7'~'?~ CSQ~tal7~7 ~~1.~2.DS -i'fi-t~ -1°Ci~til ~i C~Pc`~-a~ -~T?_~~TZ~.. BY:~ t~t~~-a~ I IC DATE: ~ - ~-~~ `a' 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 Fnx 574/235-9021 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY Apri17, 2008 EXECUTIVE DIRECTOR President Timothy Rouse South Bend Common Council 400 County City Building South Bend, Indiana 46601 Dear President Rouse: The attached ordinance will appropriate monies from Fund 410 for the purpose of supporting the City's partnership with the Community Foundation of St. Joseph County in two ways: the Potawatomi Park "Fun for All" project and the Aging in Place Home Modification Project. The Park prof ect represents a partnership among the City through its Parks & Recreation and Community & Economic Development departments, the Rotary Club of South Bend and The Troyer Group. The recreational project transforms components of the heavily utilized Potawatomi Park complex making it accessible to people of all abilities. A successful Kellogg Foundation grant of over $400,000, plus contributions from an anonymous donor and the Community Foundation j oin with the City's $122,000 to meet the grant's match requirements. Additional private dollars are being invested for improvements to the Park outside of this grant. The Aging in Place Home Modification Project began in July of 2007 with the Milton Funds for Senior Housing at the Community Foundation and Wells Fargo, each contributing $333,333 for a total of $666,666. Through the expertise of REAL Services Weatherization Department and Aging Services, the program allows activities that include modifications to make a home bamer free and safe. The program targets low income seniors in South Bend, with a special focus on African Americans, and an intent to assist these citizens to remain in their home as long as possible. T'he program goal is to modify 100 homes at an average cost of $10,000 per home. To date sixty-four (64) homes have been assisted. The City desires to participate as a partner in this program with a contribution of $333,333 and at this time requests an appropriation of $278,000. A review of the locations assisted through the Home Modification Project, the South Bend Holne Improvement Project (SBHIP) and Rebuilding Together (RT) is being COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM J PAMELA C. MEYER DONALD E. INxs - MANAGEMENT n . „A 574/235-9660 574/235-9371 ELIZABETH LEONARD U~/ ~/` FAx: 574/235-9697 574/235-9371 President Timothy Rouse April 7, 2008 Page 2 completed. All three programs offer assistance to the same population and can complement each other. I will present this ordinance at your meeting on April 28, 2008, along with representatives from the Community Foundation and entities involved in each of the activities. Please contact me with any questions prior to then. Thank you. Sincerely Pamela C. Mey Director Community Development cc: J. Gibney P. St. Clair C. Fanello J. March C. Nanni, Community Foundation ^n,fiS~ Ht~y Ail t'. ~~~ JG;i Y 4~ ,. ~~~, ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 WITHIN FUND 410 FOR POTAWATOMI PARK FUN FOR ALL AND AGING IN PLACE HOME MODIFICATION PROGRAMS STATEMENT OF PURPOSE AND INTENT The government of the City of South Bend in partnership with the Community Foundation of St. Joseph County is committed to the delivery of services, the goal of which is, to improve the quality of life in the City and for its residents. The funds appropriated in this ordinance will aid in the defraying of costs associated with park improvements and accessibility to all individuals, and home modification services to low income senior citizens. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The sum of $400,000 is hereby appropriated within-Fund 410 for use as a match towards the recreational project costs of the Potawatomi Park "Eun for All" project, and for the match towards the Aging in Place Home Modification Project with the following distributions: Potawatomi Park Fun for All $122,000 Aging in Place Home Modification $278,000 TOTAL $400,000 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me 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 ,20 , at o'clock_.m. Stephen J. Luecke, Mayor 1 sfi READING PU6LlC HEAPING s rd READING PlOf APPROVED E;€EERRED PASSED ,. -fE~~ Iii ~~~1`k'~ '«.~r~C~ APA - g 2C~n JC. Gi~ v t:l. ~yi~' !~. h~`'~~~~' .\ City of South Bend Stephen J. Luecke, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller April 8, 2008 ~ ` (~ ~ ~ . ~~ .~ O (G Timothy Rouse, President South Bend Common Council County-City Building South Bend, IN 46601 RE: An Ordinance of the Common Council of the City of South Bend, Indiana Authorizing Pre-approved Payment of Claims Dear Mr. Rouse: Attached for filing please find the above-referenced ordinance. The proposed ordinance is intended to allow for payment of certain types of claims in a timely manner in accordance with Indiana Code 36-4-8-14. The ordinance is necessary to ensure that we are following all required procedures fox proper approval of expenditures, and at the same time, ensure that we are conducting city business in a timely and efficient manner. It is has come to my attention that our City Code does not include any ordinance that allows certain types of claims to be paid prior to approval by the Board of Public Works. Expenditures of city funds are generally approved by the Board of Public Works (`Board") at its regular meetings, including approval of claims such as payroll, insurance, utilities, rental agreements, bond payments, and taxes. Since the Board does not meet daily, the attached ordinance will allow certain types expenditures to be paid prior to Board approval. This list of permitted claims in the proposed ordinance is limited and is consistent with those categories of claims allowed for advance payment under state law. Any claims paid prior to Board approval would then be ratified at the next available Board meeting. Since the ordinance will permit the Ciry to conduct its business in a more efficient manner and is consistent with state law, it is in the best interest of the City. The Council's approval of this ordinance is requested. I will present the ordinance to the Council at its Committee meeting and at the public meeting. If you have any questions, please contact me. Sincerely, ~0 , r ~~!E 1l/CL ~ii~~E:~ M. Catherine Fanello, CPA City Controller APR ' 9 2008 JQ;IN VQQRGE CITY CLEFh, SQ• BE`,lC,1N' ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PREAPPROVED PAYMENT OF CLAIMS STATEMENT OF PURPOSE AND INTENT The Board of Public Works for the City of South Bend, Indiana ("Board") is charged with the duty and responsibility to approve the payment of certain claims made to the City. The Board meets regularly to conduct City business that includes the approval of such claims, but the Board's meeting schedule does not always allow claims to be paid in a timely manner. The Indiana legislature has enacted Indiana Code § 36-4-8-14, as amended from time-to-time, which permits certain types of claim expense payments to be made in advance of Board allowance. The Common Council of the City of South Bend, Indiana has determined that payment of those categories of claims described in Indiana Code § 36-4-8-14 can be more effectively administered by the enactment of an ordinance authorizing such payment. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA: Section I. The Board of Public Works of the City of South Bend, Indiana, on request of the City Controller, may make claim payments in advance of Board allowance of such claims for the following kinds of expenses: (1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions; (2) License or permit fees; (3) Insurance premiums; (4) Utility payments or utility connection charges; (5) General grant programs where advance funding is not prohibited and contracting party posts sufficient security to cover the amount advanced; (6) Grants of state funds authorized by statute; (7) Maintenance or service agreements; (8) Leases or rental agreements; (9) Bond or coupon payments; (10) Payroll; (11) State, federal; or county taxes; (12) Expenses that must be paid because of emergency circumstances; (13) Fees and expenses related to real property transactions such as the cost of obtaining title information, and the recording of documents; and (14) Other expenses expressly permitted by state statute as amended from time-to-time. Section 2. Each payment of claim made shall be supported by a fully itemized invoice or bill and certification of the City Controller. Section 3. The Board of Public Works shall review and allow the claim at its next regular or special meeting following the pre-approved payment of the expense. Section 4. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common C uncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2008, at o'clock .m. City Clerk Approved and signed by me on the day of o'clock . m. 2008, at Mayor, City of South Bend, Indiana 1st F2~ADf~G 1 "- ~ y'~ PUQf.{C 4iEAR{{~G 3 rd LEAD{NG NOT APP(tOVED REFEf;fc~ P~ ~I~~~ Bfl Edl~'~ ®~IC@ APR - 9 2008 J(}HP7 v50 RQ NQ, IN. CRY CLE~ii;, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1 Waggoner Farm Development, L.P. 51270 Mayflower Road South Bend, IN 46628 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 9.77 acres located in German Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, INCLUDING LOT 3 OF CHURCH'S MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0038244 IN THE OFFICE OF RECORDER OF SAID COUNTY AND BEING PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE THE NEXT TWO COURSES ALONG THE BOUNDARY OF SAID LOT 3: (1) SOUTH 89 DEGREES 36 MINUTES 30 SECONDS EAST, A DISTANCE OF 287.61 FEET; (2) THENCE SOUTH 00 DEGREES 00 ,MINUTES 23 SECONDS EAST, A DISTANCE OF 203.85 FEET TO THE NORTH LINE OF PARCEL II AS DESCRIBED IN A WARRANTY DEED RECORDER UNDER INSTRUMENT NUMBER 0807739 IN THE OFFICE OF SAID RECORDER; THENCE EAST, 1139.07 FEET TO A POINT 274.00 FEET WEST OF THE EAST LINE OF PARTITION LOT NO. 2 AS SHOWN ON THE PARTITION MAP IN DEED RECORD 56, PAGE 271 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 253.00 FEET; THENCE WEST 1447.2 FEET TO THE WEST PRESCRIBED RIGHT-OF-WAY LINE OF MAYFLOWER ROAD; THENCE NORTH 00 DEGREES 14 MINUTES 27 SECONDS WEST PARALLEL WITH THE NORTH- SOUTH CENTERLINE OF SAID SECTION, A DISTANCE OF 253.00 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 3; THENCE SOUTH 89 DEGREES 50 MINUTES 53 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3, THENCE NORTH 00 DEGREES 14 MINUTES 27 SECONDS WEST (RECORD NORTH 00 DEGREES 00 MINUTES 03 SECONDS WEST PER SAID CHURCH'S MINOR SUBDIVISION), A DISTANCE OF 203.85 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 9.77 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS AND RIGHT-OF-WAY OF RECORD. ALL BEARING AND DIMENSIONS ARE PER SAID RECORDED INSTRUMENTS REFERENCED HEREIN AND AN ADJACENT ANNEXATION TO WEST PER ORDINANCE NUMBER 9638-05 DATED NOVEMBER 28, 2005. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. MEMBER OF THE COMMON CO 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 , 2 , at o'clock .m. 1st READING ~~~~~ PU6L1C HEARING 3rd READING NOT APPROVED fcEEERRE® PASSE(J APR - _ ~;.~ i J01~~i'dt7::I~GE CITY CLEi;K, ~9. 6LI~f!~, !N. City of South Bend, Indiana PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND, INDIANA (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, for land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, .Indiana, by proper ordinance. 3) This Petition is signed by at least one-hundred percent (100%) of the owners of the land in the territory sought to be annexed 4) The property sought to be annexed is generally located at: 51270 Mayflower Road, South Bend, IN 46628 5) The Property Tax Key Numbers are: 04-1009-0147.19 and 04-1009-0147.24 6) The name and address of the contingent purchaser(s), if applicable, is/are: City of South Bend 7) The parcel is 9.77 acres in size and currently has the following use(s) on it: 04-1009-0147.19 is currently single family residential and 04-1009-0147.24 is vacant. 8) The parcel will be used for the following use(s): Potential transportation enhancements. 9) The number of current residents in the annexation area: 1. 10) The anticipated "build-out" year for the project: Not applicable 11) The proposed number of parcels: Not applicable 12) The proposed miles of new roadways: proximately 1,720 feet___ She signature(s) of all property owner(s), or Attorney for all property owner(s) Signed:_ J hair,rPartner er Farm Development, L.P. Address: 227 South Main Street, Suite 300, South Bend, IN 46601 Phone Number: [574) 217-4498 Name, Address 8~ Phone Number of Contact Person/Preparer: Derek J. Spier, AICP Planner Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574) 232-8700 ~~~~a i c~~~~~~ ~fi~~~e APR - 9 2008 JC4itd VOpP,DE ~1'iK ~f.~t~~, ~Q. B~t~D, iN. 3-8G g , r . , ~" ' 46' ` , , ADAM ~ .il . I ' d~4T5-~o.e a~ -T _ A TNEfl N210A BUb. 3 I63 T6 /G 3.75 .. •. ~G3.75 /G9.7 , ZG(" ;', au.7a _ .1 12 . E. 4a i': ' I ' M6JOR 9u9 YA 0 Q ~- ~ . I I O -_ - ' t. I I - I tl~ 1A OIaT.II V - ~ k: ~ ~ 3 F:. I y - - 1 o -`- I ~ p4: l' r ; I I 143. BU = Q F , t I Ia k' I .q ~ - ~ ~. 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