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Home My WebLink About06-09-08 Council Meeting Agenda & Packet r r_~rTnn SOUTH BEND COMMON COUNCIL MONDAY, JUNE 9, 2008 1. INVOCATION 2. PLEDGE TO THE .FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS ~.nn D M 08-54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AND COMMENDING ALL POLICE OFFICERS SERVING IN THE SOUTH BEND POLICE DEPARTMENT HONOR GUARD 08-55 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, AUTEN CONNECTOR ANNEXATION AREA 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 23-08 PUBLIC HEARING 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 26-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS 33-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS (THIS HAS BEEN CONTINUED TO THE MEETING OF 6/23/08) 31-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $161,945 FROM GENERAL FUND (#101) FOR 2007 ELECTION COSTS 34-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $40,000.00 OF GRANT .FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND $6,000.00 FROM THE INDIANA FINANCE AUTHORITY FEDERAL MATCHING GRANT INCENTIVE PROGRAM WITHIN FUND 209 FOR THE PURPOSE OF CONDUCTING BROWNFIELD SITE ASSESSMENT ACTIVITIES IN THE CITY OF SOUTH BEND 35-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING MONTHLY PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA 36-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE MAYOR AND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2007, AND COLLECTABLE IN THE YEAR 2008 AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON 37-08 ~ PUBLIC HEARING ON A BILL C COUNCIL OF THE CITY OF SOUTH APPROVING A SECOND ADDENDUM CERTAIN ADDITIONAL PUBLIC BETWEEN THE SOUTH BEND AUTHORITY AND THE SOUTH BEND COMMISSION 8. BILLS, THIRD READING BILL N0. >F THE COMMON BEND, INDIANA TO LEASE FOR IMPROVEMENTS REDEVELOPMENT REDEVELOPMENT TIME: 26-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS. 33-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS 31-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $161,945 FROM GENERAL FUND (#101) FOR 2007 ELECTION COSTS 34-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $40,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND $6,000.00 FROM THE INDIANA FINANCE AUTHORITY FEDERAL MATCHING GRANT INCENTIVE PROGRAM WITHIN FUND 209 FOR THE PURPOSE OF CONDUCTING BROWNFIELD SITE ASSESSMENT ACTIVITIES IN THE CITY OF SOUTH BEND 35-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING MONTHLY PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA 36-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE MAYOR AND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2007, AND COLLECTABLE IN THE YEAR 2008 AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON 37-08 THIRD READING ON A BILL 0 COUNCIL OF THE CITY OF SOUTH APPROVING A SECOND ADDENDUM CERTAIN ADDITIONAL PUBLIC BETWEEN THE SOUTH BEND AUTHORITY AND THE SOUTH BEND COMMISSION 9. RESOLUTIONS BILL N0. F THE COMMON BEND, INDIANA TO LEASE FOR IMPROVEMENTS REDEVELOPMENT REDEVELOPMENT 08-49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED SOUTH OF 60150 IRONWOOD DRIVE, SOUTH BEND, INDIANA 08-50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1101 SOUTH MICHIGAN STREET, SOUTHWEST CORNER OF GARST AND SOUTH MICHIGAN STREETS, SOUTH BEND, INDIANA 08-51 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND .BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 121 GARST STREET, SOUTH BEND, INDIANA 08-52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 10. BILLS, FIRST READING BILL NO. 38-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY APPROXIMATELY 400 FEET+ FROM THE. NORTH LINE OF INDIANA AVENUE, AND THE EAST RIGHT- OF-WAY LINE OF FRANKLIN STREET, FOR A DISTANCE OF 165 FEET+ AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN STULL' S 1ST ADDITION TO THE TOWN OF MYLER IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 39-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $500,000 FROM GENERAL. FUND (#101), $100,000 FROM PARKS AND RECREATION GENERAL FUND (#201), $500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) 40-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2008 INCLUDING $1,500,000 FROM GENERAL FUND (#101), .$1,000,000 FROM MAJOR MOVES CONSTRUCTION FUND (#412), $140,000 FROM LOCAL ROADS AND STREETS FUND (#251), $300,000 FROM MOTOR VEHICLE HIGHWAY (#202), $200,000 FROM WATER WORKS CAPITAL. (#622), $360,000 FROM SEWAGE WORKS SINKING FUND (#649) , AND $820, 000 FROM SEWAGE WORKS CAPITAL FUND (#642) 41-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0. 9801-07 TO CHANGE THE FUND FROM WHICH FUNDS ARE TO BE APPROPRIATED FROM THE MOTOR VEHICLE HIGHWAY FUND (#202) TO MAJOR MOVES FUND (#412) 42-08 FIRST READING ON A SECOND BILL AMENDING ORDINANCE 9790-07 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 11. UNFINISHED BUSINESS A. BILL NO. 08-15 PARTNERS L.P. TAX ABATEMENT 12. NEW BUSINESS - MCKINLEY APARTMENTS HOUSING - REQUEST TO WITHDRAW DESIGNATING A. UPDATES FROM COUNCIL MEMBERS SERVING REPRESENTATIVES ON OTHER COMMITTEES WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS AS WHO HAVE MET 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: ti.1> ~~ ~.. ~~ ~ ~,` ~ `~ ` e4~e~a x R:y _ :y Resolution No. .~ /~ ~. ~~ ~ , =~ r ~ c' A RESOLUTION OF Tf~ COMMON COUNCIL OF THE Y ~ ~ l" CIT'I' OF SOUTH BEND, INDIANA, HONORING AND e , '`° '-"_°` = ~~' COM11'IENDING ALL POLICE OFFICERS SERVING IN THE SOUTHBEND POLICE DEPARTMENT HONOR GUARD G}j~~ the Common Council notes that the names of 358 fallen Law Enforcement Officers were formally dedicated on the Law Enforcement Officers Memorial in Washington, D.C. last month, with this memorial now including the names of 18,274 peace officers who were killed in the line of duty throughout the history of the United States of America; and ~~.,~ the South Bend Common Council is especially proud to recognize that the 16-member South Bend Police Department Honor Guard was selected from over 400 national and international departments, to be one of the official Color Guards to participate in this year's National Law Enforcement Memorial Services, with this prominent honor of selection being bestowed only upon the following six (6) Police Honor Guards: Aurora, Colorado Police Department Cleveland Heights, Ohio Police Department Puerto Rico Police Department San Antonio, Texas Police Department South Bend, Indiana Police Department United States Border Patro] -Texas District Gyl~a, the South Bend Common Council believes, that each of the members of the South Bend Police Department Honor Guard should be individually recognized. Each officer has committed himself to the highest standards of professionalism and many services during the Fraternal Order of Police, Lodge # 36 and the City of South Bend's annual tribute and memorial service where each of the fifteen (15) South Bend Police Department Officers, who have given their lives in the line of duty, are honored. The South Bend Police Department Honor Guard, selected by the National Law Enforcement Officers Memorial (NLEOM) Committee, include the following police officers: Alan Delinski Jonathon Gray Antonio Pacheco Terry Santa Gene Eyster Scott Hanley Jeff Ransberger Kenneth Stuart Dorian Finley Kris Hinton Rick Ruszkowski Kelly Waite Geoff Forizs Dan Lawecki Scott Ruszkowski Mark Walsh ~~, ~~ ~ rtreeoLrea; ~ lie ~pomvnean ~ouxc~Ca~J/e Tpat~ o~C~iul/ ~axd., C~naiamn, aS follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly honors and thanks each of the sixteen (16) members of the South Beud Police Department Honor Guard for their dedication, commitment and professionalism in providing exemplary Honor Guard services. Section II. The South Bend Common Council recognizes that the South Bend Police Department Honor Guard, in addition to being selected for the distinct honor of participating in this year's National Law Enforcement Officers Memorial Week Services in Washington D.C.; also participated in South Bend's annual memorial service honoring our fallen police officers; provided vital honor guard services at the funeral service of Indiana State Trooper Dan Barrett; provided honor guard services at the presentation of the colors for the U.S. Attorney's Conference; organized the candle light vigil for the late Nick Polizzotto; participated in the presentation of the 2008 Indiana State Fallen Officers Memorial; and was the lead unit in the South Bend West Side Memorial Day Pazade honoring our fallen Veterans. 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, 151 District He Avis, J I)j5fri as LaFo ~ ~, 3` Distric n uzzello, 4 Distri ~~~ Dr. David Varner, 5"' District CC~lleo~ John oorde, City Clerk Oliver J. Davis, 6'" District AI "Buddy" Kirsits, At Large Timothy A. Rouse, At Large K.,az/en L. White, At L/azge Kathleen Cekanski-Farrand, Council Attorney C~do~bteddes _ ~ ~~`" ' 2008. Stephen J. Luecke, Mayor of South Bend RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (AUTEN CONNECTOR ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 9.77 acres of land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 12.52% contiguous, generally located on the east side of Mayflower Road approximately a quarter mile south of Adams Road. It is anticipated that the annexation area will be developed as a roadway by the City of South Bend. This development will require a basic level of municipal public services of anon-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of anon-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of anon-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend,. regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. . NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following. described real property located in German Township, St. Joseph County, Indiana be annexed to 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. ALL BEARING AND DIMENSIONS ARE PER SAID RECORDED INSTRUMENTS REFERENCED HEREIN AND AN ADJACENT ANNEXATION TO WEST PER ORDINANCE NUMBER 9638-OS DATED NOVEMBER 28, 2005. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of anon-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that with its construction of the proposed roadway, the City of South Bend will also extend the public sewer network and water main to the annexation area.. Once constructed, any extension of these services for future development of the adjacent land will be paid by the developer of the adjacent land who will also pay for any street lighting, parking, sidewalks and similar improvements of the adjacent land including a drainage plan, all subject to the latest State and City of South Bend standards and ordinances. Section IV. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. ~1 jj~~ ` Member, South Bend Common Council PRESENTED ~ ~ ~._~ c~ hdOT APPRO~'~' ~i~~d ~ti ~~~~~5'~ ~~$~~~ o u rd - a Zoos JG~tih! V04r,DE CITY CLEnK, S0. BEhfD, IN. ~DOPTEL~ "`~ THE CITY OF SOUTH BEND FISCAL PT_AN AUTEN CONNECTOR ANNEXATION AREA Stephen J. Luecke -Mayor South Bend City Council Derek Dieter I-Ienry Davis Jr. Tom LaFountain Ann Puzzello David Varner Oliver Davis Al Kirsits Timothy Rouse Karen White Prepared By: Division of Community Development 1200 County City Building South Bend, IN 46601 Pamela C. Meyer, Director Jeff Vitton, Planner Exhibit "A" May 22, 2008 T~4BLE OF COtVTEtVTS SECTION I. INTRODUCTION ......................................................3 SECTION II. GENERAL DATA .......................................................3 A. Location B. Legal Description C: Contiguity D. Size of Annexation Area E. Buildings and Land Use. F. Zoning & Subdivisions G. Population H. Tax Rate I. Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES ...........................................5 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA ...9 SECTION V. FISCAL IMPACT .......................................................10 SECTION VI. APPROVAL .............................................................13 Tax Rate Information: TABLE 1 ..............................................13 Legal Description: TABLE 2 ....................................................15 Map: MAP i .....................................................................16 MAP 2 ......................•-•--................................................................17 Auten Connector Annexation Area 3 SECTION I. INTRODUCTION A. General This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in German Township, St. Joseph .County, Indiana (hereinafter, "Annexation Area"), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community and Economic Development Department of Administration and Finance SECTION II. GENERAL DATA A. Location The Annexation Area is generally located on the east side of Mayflower Road approximately a quarter mile south of Adams. See Map 1. This is the first phase of annexations that will yield an extension of Auten Road. For a conceptual map of the new roadway see Map 2. B. Legal Description The Annexation Area is part of the Northeast Quarter of Section 17, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana. For a complete legal description see Table 2. C. Contiguity The Annexation Area is at least 1/8 (12.52%) contiguous to the current City limits: Contiguous 476.85 feet 12.52 Non-Contiguous 3230.73 feet 87.48% Total 3807.58 feet 100% D. Size of Annexation Area The Annexation Area is 9.77 acres in area. 4uten Connector Annexation Area _ 4 E. buildings and Land Use - The Annexation Area currently contains one single-family home with one occupant. The existing home is slated to be removed for the extension of Auten Road by the City of South Bend utilizing TIF funds. F. Zoning & Subdivisions The site is zoned "R" Residential in unincorporated St. Joseph County. Per the municipal code, the Annexation Area will be zoned .'~SF1" Single Family Residential upon approval of the City Council and incorporation into the City of South Bend. G.. Population One person currently resides in the Annexation Area. H. Tax Rate The tax rates used are those of 2006 payable in 2007. The Township Rate will decrease by $0.1404 per $100.00 of assessed valuation with the deletion of the Fire Fighting Fund and the Cumulative Fire assessments. The tax rate for the Annexation Area will increase by 2.2482 per $100.00 of assessed valuation with the addition of the City and Town Rate, the Redevelopment District Rate and the South Bend Transpo Rate. The net increase in property taxes will be $2.1078 per $100.00 of assessed valuation. Table 1 shows representative tax rate information as published by the St. Joseph County Auditor. Please note that this data is shown for informational purposes only, and HB 1001 will affect these rates. I. Assessments 2006 payable 2007, St. Joseph County Auditor property tax records: Land: $70,500 Improvements: $235,000 Net: $305,500 J. Municipal Legislative District The Annexation Area will be in the 1st District. Auten Connector Annexation Area _ 5 K. Hiring Plan It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. The German Township Trustee has been notified of this Annexation. SECTION III. MUNICIPAL SERVICES A. Public Works Sewer -Currently, there is no sanitary sewer on any boundary of this site. A sanitary sewer plan for this and surrounding areas is under study, but has not yet been adopted. Sewer services will be constructed and provided when the road is developed. Water -The South Bend Water Works currently has a 12" water main on the west side of Mayflower Road that is looped at Brick and Adams Road. There should be more than adequate capacity for the annexation area. Water services will be provided to adjacent areas of the roadway when the road is constructed. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9-22-2, I.C. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Streets -Currently, there are no public improvements in the annexation area. The full array of improvements wil{ be extended with the proposed roadway for future service to adjacent areas. Water and sewer services will be constructed with the roadway at an estimated cost of 1.3 Million Dollars per lane-mile. The roadway is expected to be a four lane boulevard and approximately 10,250 feet long. Waivers of Annexation - No waivers of annexation are in effect for the Annexation Area. Public Work General Budget Analysis* 2008 Actual Budget Report for the Department: Expenditures: Miles of Roadway in City: Cost per Mile: Immediate New Mileage within Area: Immediate Estimated Maintenance cost for Annexation Area per year: Proposed New Mileage within Area: Estimated Maintenance cost For Proposed Roadway: $6,303,240 @480 @$13,131.75 @0.00 miles (0 feet) @$0.00 @ 0.27 Miles (1,447.2 feet) @ 3,545.57 *The above calculation only pertains to the length on the new roadway in this phase of the annexation. Auten Connector Annexation Area B. Police Department The Annexation Area would be expected to be added to the already existing BEAT 22. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. Cost for servicing this area would be expected to be absorbed. by the existing budget of the Police Department, as the addition of this area would not be significant to the point of having to increase any budgetary items. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone system for that area. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2008): Cost per Parcel: Proposed Number of Households in Number of new Parcels: Cost for Annexation Area per year: C. Fire Department Area: $27,354,426 @42,908 @637.51 @48,685 @$562 0 2 $1,124 .(6 parcels x $562 cost /parcel) Fire Response -The City provides a fully staffed, full time fire department. The Annexation Area will be serviced primarily by Station #11, located at 3505 N. Bendix Road, approximately 2.7 miles away. Additional Fire Department units would respond from Fire Station #7 located at 1616 Portage Avenue which is approximately 5.6 miles away and Fire Station #2 at 430 Martin Luther King Dr. which is approximately 7.0 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. Auten Connector Annexation Area Emergency Medical Response -The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County:. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area is currently being serviced by Medic #11, stationed at 3505 Bendix Drive. Upon incorporation, the Annexation Area will be serviced by Medic #4, also located at Fire Station #4, located at Z20 N. Olive Street and Medic #3, located at Fire Station #2, 402 Martin Luther King Drive. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2008): Cost per Parcel: Proposed Number of Households in Area Number of new Parcels: Cost for Annexation Area per year: D. Code Enforcement Fire Department EMS Fund Fire Pension Fund $21,819,894 $1,013,542 $5,688,519 @42,908 @$509 @$24 @$33 @48,685 @$448 @$21 @$117 0 2 $896 $42 $234 Total Per Year Cost: $1,172 The Annexation Area will be added to Area 8. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times and with no additional increase in manpower: The Department will respond to calls for service upon the effective date of the Annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. 2008 Actual Budget Report for the Department: Expenditures:' $2,294,102 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$47 Proposed Number of Parcels in Area: 2 Cost for Annexation Area per year: $94 Auten Connector Annexation Area 8 E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste -Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. While the annexation currently has one residence, the proposed land use will not require services. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor=s office, the Legaf Department, and the Parks & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county-wide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission and the St. Joseph County/South Bend Building Department are some of the county- wide agencies and their services that will continue to provide the same type and level of services to the Annexation Area. County-wide services will continue to be supported by the County and Township tax rates that will remain in effect. Auten Connector Annexation Area ~ 9 SECTION IV. LAND USE ANALYSIS ~ DEVELOPMENT CRITERIA As with any new development, the proposed use and development of this site becomes important relative to its relationship with the existing, surrounding, and planned uses. City Plan's Future Land Use Map calls for the creation of the proposed roadway that this annexation will help make possible. In addition, City Plan calls for the land on the north and south sides of the proposed roadway -between Mayflower and Portage - to be developed for medium density residential in the future. As such, this annexation is consistent with City Plan; South Bend's comprehensive plan. Furthermore, the roadway will aid in the implementation of the traffic circulation plan for Portage Prairie, a private 300 Million Dollar mixed-use development. For a preliminary and conceptual map of the proposed roadway please see Map 2 on page 18. The Annexation Area is an approximately 9.77 acres in size. Adjacent land in unincorporated St. Joseph County to the north and south has low density residential units on long narrow lots with the homesteads facings Mayflower and Adams Road. Directly west of the Annexation Area is the site of Portage Prairie. This annexation only concerns the proposed transportation enhancement to support future development. As such, development criterion for land adjacent to the proposed roadway will be established as landowners seek annexation into the City of South Bend in the future. AuYen Connector Annexation Area 10 SECTION V.~ISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and/or owner. of the parcels must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provide by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2007 payable 2008 tax rates, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City-wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services will not be required or possibly requested for many years. Hence, the cost of providing services over the first five should be evaluated with this in mind. Auten Cnnner_tor Annexation Area 11 TABLE i Summary Table B Estimated Fiscal Impact Expenditures Capital (est.) Non -Capital Per Year (est.) 5-Year Sewer Extension $0.00* $0..00 Water Extension $0.00* $0.00 Street Lights $0.00* $0.00 Police $1,124 $ 5,620 Fire &EMS $1,172 $ 5,860 Code $94 $470 Street Maintenance $0 $p Street Construction $10,090,600** $0.00 Approximate 5-Year Cost $11,950 Revenues Tax Year @ Property Taxes (est) unincorporated 07/08 NA (year 1; 2009) 08/09 NA (year Z; 2010) 09/10 NA (year 3; 2011) 10/li NA (year 4; 2012) 11/12 NA (year 5; 2013) 12/13 NA Note: All Revenues estimated & cumulative MVH/LRSA estimated from 2001 revenue/mile @ 1 i 340 x 5 years NA Approximate 5-Year Revenue $NA*** *Included in the cost of street construction. **Estimate for entire length of the Auten Connector, based upon a construction estimate of $1,300,000.00 per lane mile. ***While the parcel in question will not be producing tax revenue, it should be noted that the Roadway will support a $300 Million dollar private investment into Portage Prairie. In addition, the roadway will aid in the eventual voluntary annexation and development of up to and approximately 831 acres between Adams, Portage, Brick, Auten Connector Annexation Area 12 and Mayflower Road. City Plan calls for this area to be developed for Medium-Density Residential at six to twelve units per acre. As such, The City's investment in this infrastructure will yield significant returns. The standard formula used for typical tax- revenue generating parcels does not capture this. drrtan ('nnnar^tnr Annexation Area 13 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2008. auten Connector Annexation Area 14 TABLE 2 TAX RATE INFORMATION -German Township 2006 Payable 2007 GERMAN % OF SOUTH BEND % OF TAX RATE TOWNSHIP TOTAL RATE GERMAN TOTAL RATE DIFFERENTIAL FAD Total State Rate 0.0024 0.08% 0.0024 0.05% Total County Rate 0.4581 15.52% 0.4581 9.35% Township Fund 0.0098 0.0098 Poor Relief Fund 0.00 ] 9 0.0019 Fire Fighting Fund 0.0793 0 -0.0793 Township Recreation Fund 0.0008 0.0008 Fire Equipment Debt Fund 0.0426 -0.0426 Cumulative Fire 0.0185 -0.0185 Total Township Rate 0.1529 5.18% 0.0125 0.26% Rate Decrease: -0.1404 Total School Rate 1.5419 52.24% 1.5419 31.47% Total Library Rate 0.1957 6.63% 0.1957 3.99% Total City/Town Rate 0 2.1046 42.96% 2.1046 Total Redevelopment 0 District Rate 0.0615 1.26% 0.0615 Total Airport Rate 0.0277 0.94% 0.0277 0.57% South Bend Transpo 0 0.0821 1.68% 0.0821 Rate Increase: 2.2482 TOTAL TAX RATES 2.9514 80.60% 4.8995 91.57% 2.1078 Source: St Joseph County Auditor Certified Tax Rates Chart n„tnn ('nnna~^fnr dnnavatinn Araa IS LEGAL DESCRIPTION ~ E"~~I ~J= THE Hr,~~;fH`~1~5~ ~~I~;~I~'IL(-; C~f-~uCr~%I~~I~t 1~, Tt~~r~~H1P r'1C~F~Th~. ~~~~,t~~:.~E ~ E~a.~T, EI~'~~'~~1f~!' T"«~~~J~M:k'. ST. JO~EC'FI C~a~J~~•J"~'.raff~.l-~,~, Ir•a~:~ UC~I`~I~ a t.' ~ F C'Fi~!~~H°.:} ~!.lhl~F~ S~JI?L~I'~r~iSf~".~~.! ~5 ,~:~`~.~I?L~1=+,.'~ ~.)F•aDk:N IhaS"R:1t~1~E"•( NL[i3Ef? GT]~$~.~~ i~a TH OFF{~.E ~E ~EC~F~C+ER ~C~F ~f~ ~:~?i.~hT'~f ,~,*1J«.1 ~f ti(til~ -~~;F~9(C Ufr.~,~ I:,~` ~ ~ EC(~ ( E? ry ~, F~~ LL.'~'~'~;. `:~E~riI~P~~IrJ~~ ~,T T!/E (~O~TH'~~`E~" i:"~h','~aL.N OF= ~~ID l:[:~'j .31I~E:I~~:E THE t~~E`~," T'~~0 ~~U~.SES LO`~J~;:.t THE 1sOL't*(G~,~1~ ~F ~lOIE~ LET .~.'.;1 ~ SOLTH ~~ aEt~,~EE~ ~~r~(r•,4~T(5 ~~45FOi~Tl~~a EIS#~ ~ L~;.~a'1•~.i~14 ~ 0= ~.~I -LLf, ~~ `T>rEI~CESO~UTH ~~ DE~~EES ~OI~ ,CI~UTE'a ~~ SE~~fOI~D~ Er1~T, l~ I;IST~'4~JC~ OF ~~3.~ FEET TO THE h~,It,~E~T~-: LIIkIE w T~r~.~'C:~~(. II .P, Ifr~r.~~'l~E TN ~, ~°y~t~~'~',~.`••a'1c` 1~7E~C~ C~E~~O~DER llh~(DER Irti~~;I~,~,;Et'~T rJI~~.A.i~=f~~;~L1~'i'3~ II~ITHE CFFf~E c~F ~1~1~ ~cE~OFtDER.` T~-IE'~J~~e t~fii, 11 ~~,~ F~E-I "(~ A P~"~(ftiJT ~~~~,~'~ FEET' ~a",~E:~T O~ `THE E~.~ Li~11 01= PAf~Ti'10•C~ LOT ~•(t'Q. ~. ~`~~ S:~i 0'~~fk! O1~ TF(E P~,4TITI~h~ ~~;~;!' Ir`J ~EEC3 ~ EC~RD 56, ~~ ~E `~71 r•a T~'f ~FEir_rE~'iF ~i,ll PE~OI~L~E~: THN~:E SUCH ~~:~. FELT; l'H~r~ICsE'~^~cST ~~'4~.~ FEET TO THEV~lF~ Pi~ES~P.IEED R(Gh'T ~F-~AI~~Y LI~(E tQF f~1;~4YFLC.7'-'~'ER ~OAG;TIIEC~tCE h~C~-T-1 LE~^cEE.s 1~ i'~f,ll`a~;~TE~ ~? SC~~~C`:C~S ~'~C sT I'~'~~ALLE~.Ir'YITH 7~-(E rJO~IF- ,~s~UTH ~.E'~'F.F.Ielr•~E O S}~IQ SEi~.~lOt4~, A Gf5',~±NC~E CAF ~~3-COQ FEzT Tt~ T(~IE '~+~'1"~TI-T;I_`~ E:~TEN.~10'~J ~E "HL Sr,~U1H I;IrJE r~F 51~IG~ Lt~T 3, T~-1EN~E SOU`fH ~~ DEG=ES t~ilh•JIIT("S : SECOh((~S =t~T~ ~ C~;S~r~.M1:~E CAF ~Q.[7~0 FLLT TO TFiF ~O~JTI°I~r~'EST COIN=f~ [.7F~,~.ID LOt ~. TN:.NCE t~,i~RT~I ~ DELf?EE~ 1~ tY#~r,UltS :~? 5~~.~'if~T~S ~~j4.cT (~rc~~Q rtiORTH ~ DES=RELSt r.~~Ii~IUTfS~~3SCOONaS V~ES_ f'E'? ~.,~if~ ~`}Il:~ CH'S 1~~s~~Ok' SUB=~Fti+~~l~7{J{. r~ f~15T~SI~~CE OF ~03.~~ rEE~ 'U SHE l'Olf'~1T Cry ~EINh~Ic4•(~~•: ~AII~ C~E5~1tiIL~E[~ P,r4~~El_ CC'itv(Al`~•(1~1~ 9.~7' r~,4:.RCS ~,~O~E (~!~ ~.rs, ~k~E3~E~T-t~ Er~;~,E~~~t(:raTS, r~OvFt~~~.t~r.s, ~~r-.STI~~c.TION3 AND tl~Hi-~F-S~~A~r ~~~ ~.LL faE.+'~~IL(~~ ,~tv~t~ (~(~~v~Et~1S(Oh(S A(?'E T'EE .."SAIL`S ~FC,~~I~f~CU r~lSTI~LJ~~,~E~lTS f?EFEREIti(~`ED HET~I(•J {~NI~~ ~(~~! AC~Jr1Cf_I?aT ;~:f*((U=hATI~'h+` i°;~ 1rVtL~T I'LP ~:'~fiUlh(~h(~E ~U,4tiBET~'~~~~'~?-CJ5 ~~`~TED t~(Ob'e~4iC L-:"•~ ~$. ~L~: , /I~i•'-on r'nn n0!-lYIY Qr7 r1PYA>LM r) Area 16 MAP 1 Auten Connector Annexation Area n n II npp .............. .... ._l,._ . ...................... 11 Il ~ 11 Jrf / fl II II n II 1 'I jj~~/l/j~j~j~jj/ C ~jjj m } 1 I .1 II n II 11 n h .land n _._........_.......... - ll Il e '`~ B n }. ._ II _ n n II I1 n n II n u tonmill. -- Il _. n II "- 0 1,112 Feet by The City of South Bend GIS - 2007 Irk _~___________. Annexation Area ~~~~~~~ City Limits North March 1007 Map provided 4rrtan C'nnnectnr Annexation Area ~ MAP 2, CONCEPTUAL DESIGN ~ ~~ ~_ ~, ~ ~~ port ~~~ ~~ cp~ 4~i PS ~'. r I F ,+ %j F 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-bF-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,lndiana. 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. ~ ` ~ n c.~1.c.. 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 o'clock .m. 1 st READItJG ~~~~~ PU6LIC HEARING 3 rd READING NOT APPROVED RErERRED PA55ED ~i:~~ r~ ~i~l`'~'~ ~ffiCe APR - .,...,~ JOHPi'lt7 fll.'£ C17YGLEiiK, SA. SLI~«D, IFJ. 2 , at City of South Bend, Indiana PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND, INDIANA I (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: Approximately 1 720 feet The signature(s) of all roperfy owner(s), or Attorney for all property owner(s) Signed: Jon t.. hair, Partner Waggo er Farm Development, L.P. Address: 227 South Main Street, Suite 300, South Bend, IN 46601 Phone Number: (574) 217-4498 Name, Address & 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 ~~~ea'nf c~~~~°~ ~~~~~e APR - 9 2008 ,yC~1id VOQ P6E D, iN. CrtY CLEt~K: ~; G` ADAM I '4~~~'~o.e"~-T -- .A. ~~~? ; TREK NIxOR gee. I2St Isl~T6 163.75 .. " iGe.75 iGB.l 261"-,~ ~ 2]5.74 10 I~' I LA ,eL1JOR SUB ~ ~ kP ~_ I Q _ i;: I o _ I. I u 12J.T6 ~ I'~~~,' I Ie•OIIT.II I x8 e a s' ~ ~ E' I I + - - I o N ~eN -~. I 12l. eery = Q I~•. I ,~ ~ t: I » ~' - I r e 4" LL{ I e w A 2 ~ 4~+ ~ I o ~ :,:, V a I m V r o ~ ~ ~I Izl.ez o ~+~ o a e o ~.i ~~ r, IEl.TT u o 04-1009 0 0 0 o P~:t 11. o ml V~.;. I ,~--e 14 T.2b I {4-dIT.Ze ~ ~:1~ I ----...---.._..__.._... I ~~ I I V ~.~` J I I a4;' I J 1637 A ~~!' I C`7 y~ "• 287.79 ~~~~~ ~ I ag ~; °... -•. I w 2' i 1 o e F [V I po.¢.s.;.;.: st• _ I ,'' ~ r- y - 1 e N 2 Q ~~~' I I o < oe ~'si, I o s `' ~ ii"' ~ 1139.071 I 2 ze763 I ~ 40.7 t 7 1 M CLi.1TI GJ R`{ ~ L}7lo.8 S 1 :~4.° Z~ 4' m P{.-014719 TdN+- 6oun~DA2`~ = 3cgo~. ~ r;_ P,<-o141KV PF ro.r~m_;.. pd ro.t~ n ~ Pf. /a w (~OI.I'fllalJlT+( / .. ~2sz / ~~=~ ~ w ~ ' ; ~ - 144'z.2' --- -- - ~u~ca~tai~l A~-~ ;3: ~ Pl:l3 Q' Pf -0/47.04 :yc;, ~ p}. l/, /B .ZI vt. /1.1e ~sT21Gµr-o~Wq~l ur~G of -rlq~Fw~JelL (2aP.~ 40 e]ee0 -.P~~ F` / I-owzzz nAn P>< l5 ~>:•~: Pf /5 - t':.` _ oa-loa I I ~'' PA k -0142/B ~ ~ Pf. /G `iQ 011].21 ~ lV I 3B0 I `I M 20 ,I ~ ~ -o/47.ao .I P>' /7 P><-o/47.oB ~ Pf./ _.t.. a2r.a7 - I 3~~ Zt~ P,4 /8 a F Pf. /B l~E, ; ' ~^~.. ' uly,.,,, P></O/47.oG I,{{y~jr, ~ Pf.•a147.CG iym - u >;.. ~v' . , °~" n --------------------------------~ '"" P} s0 " w -0/47./7 ~ Pf ?o ~ r.'. w 4.co I ~ ~Cy:. eom B7LII _ ~v.5 dc1. s' ---------- w e.nw - ^ CmdoM nee -- ~'f . ~.{ THE alox¢L c01AP~xY ~ . ,`r.'1'.~'~ ~,r,. s .• .loot GERMAN T1fUP. '~`E GERMAN '' ,~;.. 17C F{{=d {n G{e~k'~ Off{ce I/2 N.E.I/4 SEC. 17 T.38N. R.2 E. ,~~;.,~ E.I/2 N:E.~/~ SEC. 4 APR - 92008 ~~; , f.~r..,. C:r~% x~~'. JCYN VOORDE ~ ~' CT' CLc'i:S{, °~0. BEND, IY, 1400 COUNTY-CITY BUILDING 227 ~ 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. LCIECKE, MAYOR DEPARTMENT OF I1AW CHARLES S. LEONE AIADEAN M. DEROSE CITYATTORNEY May 19, 2008 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy Rouse _ President, South Bend Common Council ~`-c~~~~-~v.~e, ` ~ ~~~ ~ ~-`~ ~~ I 4"' Floor, County-City Building South Bend, IN 46601 Re: Substitute Bi1126-08 -Amendment of Article 10 of Chapter 13 Concerning Firearms Dear Mr. Rouse: Please accept this Substitute Ordinance. Last week I followed your lead and reviewed in depth the record of hearings concerning Bill No. 133-00. That caused me to reflect upon a comment made by Councilman Varner concerning the confiscation of weapons. For reasons of employee safety and possible constitutional concerns, I am removing from the previous Bill and from the original Ordinance the portion concerned with the confiscation of firearms. When a City employee .asks for the weapon wrongfully on the premises, it could possibly escalate the confrontation and would not enhance the employee's safety. Once that penalty is eliminated, there is no need for hearings addressing confiscated weapons, so that division of Article 10 is deleted also. Besides those deletions and the renumeration resulting therefrom, the only other change is the correction of a typographical omission in Section VI. Again, for your convenience, I am also attaching a copy of the Article as it will appear if this Bill passes without further change. Very truly yours, ~~ %-~"~ Thomas L. Bodnar Assistant City Atto '°~°"°~'~ TLB/cw 14 AY 2 1 2008 ~ot.~ vcc~1~ THOMAS I,. BODNAR CHERYL A. GREENE 1~NN-CAROL NASH `i~'~/r .' JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN ~!_p1Ni~ SUBSTITUTE BILL No 26-08 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS STATEMENT OF PURPOSE AND INTENT Chapter 13, Article 10, sections 94 et sec. of the South Bend Municipal Code were originally adopted in February 1994 pursuant to "Home Rule" powers granted to local municipalities. Thereafter, the Indiana legislature enacted I.C. 35-47-11 which severely restricts a city's ability to regulate the sale, transfer, and transportation of firearms. Nonetheless, under I.C. 35-47-11-2 a city retains authority to restrict firearms (1) on its own property, (2) within two hundred (200) feet of a school, and (3) in the event of a declared emergency for a period up to seventy-two (72) hours. This ordinance deletes those portions of Chapter 13, Article 10, Sections 94 et seg of the South Bend Municipal Code which are inconsistent with or in derogation of I.C. 35-47-11-2 while exercising the residual regulatory powers over firearms granted to cities by state law. Specifically, in order to protect employees, invitees, and visitors on City property, it restricts firearms on City property. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend as follows: Section I. The title of Chapter 13, Article 10, is amended to read as follows: ARTICLE 10. ~T~=-iJDr :,~-~~C~1S ^ ~m n.rcrrn~p~q~p~S n~ vrnT ~~.r~~ FIREARMS PROHIBITED ON CITY PROPERTY Section II. The Title of Chapter 13, Article 10, Division 1 is amended to read as follows: DIVISION 1. r n ^ n n ^ c c ^ t rr •r ~xr~ ^ vn~.TC ~n num rrr~n PUBLIC PLACES WHERE FIREARMS ARE RESTRICTED OR PROHIBITED Section III. Chapter 13, Article 10, Section 13-94 of the South Bend Municipal Code is hereby deleted. Section IV. Chapter 13, Article 10, Section 13-95 of the South Bend Municipal Code is hereby renumbered as Section 13-94 and amended to read as follows: Sec. 13-~ 94. Definitions. The following definitions shall apply throughout this Article: C ~ n ~t 1TI ~,~~ ~~11 rr, „a ;rnl„ao ,. M\ A , t t' nh t , 'tl 't f t - . - v ------------------- -----o--_ !'21 >~' r ~1 f' a T /'' ~C ~7 1 G „[1-,;~h L, tl, .1 lu----~--tl'~- , v r, rl 1 1, F1 n11 ++++rcnon r fnlrl~nrt_atn t to tho fir ''"'rr-~iira rr o ' 1 4, t .1 1 h r fl n 1, l,r fi,l fl ' t L t F; r .+ (1 e J , b n„~~ro n "ro>'-vrzvluu c ~ i~~e~Eh-ab~@"--l~aga~-i~3 •a L. 1t food ~rr;p_~r '1 .-1 , 1.' L. 1-. ~I , , Vl JSIS , ~' 1, tl, f f tl, '1 ,lt;,,r. ;., tho „ra r' r f' ~ 1.,.,~. n[. rho Y~ b b -----o -- - ~ _._ .... } n rlo ~orl_ nn t .1 ~ 1 t' F t},o 1n.,. ~~ Firearms shall have the meaning set forth in I. C. 35-47-1-5. Highway shall mean a street alley, road or thoroughfare used by the traveling public or a public way for purposes of vehicular traffic including the entire area within the ri~ht- of-way. f~T.1 Ai/ h 11 t I n f 'r•nn_i h' 1, t t 1 O -Yi-(3~TI'1TQCC [)IIICCT~fCTIZIIITCITIILI~I1 -Y9ll ltrl Y D 1 ~ ~ [ f f ) ) f . (-rn-}~ Security guard services shall mean an entity or individual or employee of an entit that engages in the business of providing security guard service to the public for hire and is licensed under I.C. 25-30-1.3. Section V. Chapter 13, Article 10, Sections 13-96 through 109 inclusive are hereby deleted. Section VI. Division 2 and Division 3 of Chapter 13, Article 10 are hereby deleted. . Section VII. Chapter 13, Article 10, Section 110 is hereby renumbered as Section 95 and amended to read as follows: Sec. 13-995. Public places where firearms are restricted; exceptions; signs to be conspicuously displayed. (a) Firearms are prohibited in *'~° f^"^,,,;.,~, -~~~'~'"' "'^~.J: ~~ ~~ ~~ ~~ thc~~~ct-furtrr • T ~ i~~ n i ~. ^„a ~~t, i~t, r •i•, ~~ r, rr,° a°f;~;.;,-.,,~ ^^ *h^tirp. ~ ,-~~, ;,, T ~ i~ in n ~• ~ a ' ~~ °*^ ~~ tr, ,-1 f'n;t;^., ^~ rr,.,t ~°t f ,-+l. T ~` ~ '7 1 1 17• -r lul ua 1 ~ , (4} 1~ buildings and on grounds geed owned or administered by ~ the City '~ fear, T. ~,~~ , -z-=9 (excluding all p~tbly~ highways ~ a• rt ,,,,. ^* i;,,,;*°a t^ °t 1 11 V JIlVV J, [,) ^ )f- •, b , n °f, ^tin ., tr,.e ~itci~ nncl lc clr' ~ ul, u (b) This section shall not apply to: (1) ~s Law enforcement officers while on duty ~~ •°a ^^ ~ ^""'''°`' u-,~-cr-cvrlartl6rr-crr~l~piv~rl"Y@$t--tli~d2~ T•!~• 2S i1'7 7 i1 , ~~--"~e~te~-per~er3S"~r~-I:~. ~{~ ^-~~'. , ~4)~ Security guard services when under contract to protect the building and grounds or accompan ing the delivery of money or valuable goods; and (~(3) ~-;3~~~olTCC A person who haves has a valid special police commissions which specifically authorizes a firearm and who is acting pursuant to that commission;_ /~l !' 't<~ ..r.,-,-or.t;f.,, r.ff;nc,ro „rl C~7~ird-i~l-g-6'drnz~s-mic -t~ ac°-Sim-ag€-i~t~ n+-..-1 rn~r~n r~vi~in_a `6""` e 't F 1, ~t..l~l' l~+-+~o.+to n ...a;t;~n of tL.o;r e .+1~<~mont ~ mr ~ ' Such individuals shall be required to provide valid proof of their status as an exception to this division upon reasonable request. (c) Signage Requirements: The person(s) or official(s) in charge of all buildings listed in this Section must conspicuously post signs warning persons of the firearms restrictions at all public entrances to such buildings, and have such signs posted at all major public parking areas on their grounds. However the absence of a si~~n shall not be a defense to an ordinance violation under this Article if the Defendant had knowledge of the prohibition against firearms on the premises. Section VIII. Chapter 13, Article 10, Section 111 is hereby renumbered as Section 96 and amended to read as follows: Sec. 13--~1-p 96. Penalties and confiscation of firearms. (a) Any person found with a firearm on Citxpremises in violation of this d~islen Article shall be issued an ordinance violation citation with' a fine of fifty dollars ($50.00) for the first violation and a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) €ine~for alf each subsequent violations. Citations shall contain the date, time, name, and address of the violator, the Code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to t~h4e~,disposition ofLt~h77e citation. fll`~~ ~vcrrxd--rrr-rrv~e~l--0f--~YtS-ilri-ai~i~T6i~ ~f3ittt b ~-1 .1 .. ..f;c1.nto.l ~ ~ n't t' c f rl f' . L.o 0.7 fn nl~ .uid o«r~oii f nJ mr^ ~}~ Additionally, any person found in violation of this ~i~isien Article, shill may be required to attend and successfully complete a minimum of two (2) educational seminars on firearms safety and perform a minimum of twenty (20) hours of community service for each violation. Said seminars shall be conducted by the South Bend Police Department and/or the City's duly authorized agent. All costs related to said seminars shall be paid by the violator. Section IX. Division 4 of Chapter 13, Article 10 is hereby deleted. Section X. Sections 117 and 118 of Chapter 13, Article 10 are hereby deleted. Section XI. Chapter 13, Article 10, Division 5 is renumbered as Division 2 and retained without amendment. Section XII. Chapter 13, Article 10. Section 122 is renumbered as Section 97 and is retained in its present form without amendment. Section XIII. Chapter 13, Article 10 Sections 98 through 122 are hereby reserved. Section XIV. 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 1 st R~ADiFG ~ iZ' ~ PUBL4C HEARING 3 rd READING NOT APPROVED p:EEtrP•RED PASSER ~t~~~ 1~ C~l~a°~' -~Z~~ hh AY 2 1 2008 dCHtd VOQFtDE C{TY CLE~+I~, S0. BEND, iN. ARTICLE 10. FIREARMS PROHIBITED ON CITY PROPERTY DIVISION 1. PUBLIC PLACES WHERE FIlZEARMS ARE RESTRICTED OR PROHIBITED Sec.13-94. Definitions. The following definitions shall apply throughout this Article: (a) Firearns shall have the meaning set forth in I. C. 35-47-1-5. (b) Highway shall mean a street, alley, road, or thoroughfare used by the traveling public or a public way for purposes of vehicular traffic, including the entire area within the right-of-way. (c) Security guard services shall mean an entity or individual or employee of an entity that engages in the business of providing security guard service to the public for hire and is licensed under I.C. 25-30-1.3. Sec. 13-95. Public places where firearms are restricted; exceptions; signs to be conspicuously displayed. (a) Firearms are prohibited in buildings and on grounds owned or administered by the City (excluding all highways). (b) This section shal] not apply to: (1) Law enforcement officers while on duty; (2) Security guard services when under contract to protect the building and grounds or accompanying the delivery of money or valuable goods; and (3) A person who has a valid special police commission which specifically authorizes a firearm and who is acting pursuant to that commission. Such individuals shall be required to provide valid proof of their status as an exception to this division upon reasonable request. (c) Signage Requirements: The person(s) or official(s) in charge of all buildings listed in this Section must conspicuously post signs warning persons of the firearms restrictions at all public entrances to such buildings, and have such signs posted at all major public parking areas on their grounds. However, the absence of a sign shall not be a defense to an ordinance violation under this Article if the Defendant had knowledge of the prohibition against firearms on the premises. Sec. 13- 96. Penalties and confiscation of firearms. (a) Any person found with a firearm on City premises in violation of this Article shall be issued an ordinance violation citation with a fine of fifty dollars ($50.00) for the first violation and a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) for each subsequent violations. Citations shall contain the date, time, name, and address of the violator, the Code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. (b) Additionally, any person found in violation of this Article, may be required to attend and successfully complete a minimum of two (2) educational seminars on firearms safety and perform a minimum of twenty (20) hours of community service for each violation. Said seminars shall be conducted by the South Bend Police Department and/or the City's duly authorized agent. All costs related to said seminars shall be paid by the violator. Division 2 -ALL MONIES AND FINES COLLECTED TO BE DEDICATED Sec. 13-97 Monies paid to be deposited in the Juvenile Positive Assistance Fund. (a) All monies collected pursuant to this Article unless otherwise specified, whether they he fines paid through the Ordinance Violations Bureau or monies collected pursuant to the City receiving judgment in a court of proper jurisdiction for violation of this Article, or fees required to attend the educational seminars shall be deposited in the Juvenile Positive Assistance Fund. (b) The Juvenile Positive Assistance Fund was established in 1990 and is addressed in Section 2-170.1 of this Code. It is a dedicated fund which is used solely for the purposes of the Drug Abuse Resistance Education (DARE) Program and for assisting police activities in the Juvenile Aid Bureau. (Sectionsl3-98 through 13-122 are reserved) ao~-art dc~r.,~~ GiTY CL~~~~ ~~iG't- ~' ~y.' ~ 4h A'( 2 ' 2008 ~~~- 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD Sovnl BEND, INDU+NA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 5741235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CIIYATTORNEY May 20, 2008 CHIEF ASSISTANTCITYATTORNEY . Mr. Timothy Rouse t ~ ~ ~ ~ . ~3 -~~ President, South Bend Common Council 4a' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending Chapter 2, Article 5 of the South Bend Municipal Code Dear Mr. Rouse: On May 12, 2008 the South Bend Common Council passed Bill 22-08 which authorizes the Board of Public Works at the request of the City Controller to make claim payments in advance of Board allowance of such claims. Authority for this procedure is derived from Indiana Code § 36-4-8-14. During the Council's deliberations on Bill 22-08, Council's attorney recommended that the South Bend Municipal Code be amended to codify this authority. The attached ordinance will do just that. I will present this ordinance to the Common Council at its committee meeting and at the public hearing. I thank you in advance for your favorable consideration of this ordinance. Sincerely, ,, , Aladean M. DeRose Chief Assistant City Attorney AMD/cw cc: Kathleen Cekanski-Farrand THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEP/ER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS STATEMENT OF PURPOSE AND INTENT On May 12, 2008 the South Bend Common Council approved and passed Bi1122- 08 which authorized the Board of Public Works upon request of the City Controller to make claim payments in advance of Board allowance of such claims pursuant to Indiana Code § 36-4-8-14. Bill 22-08 authorized this procedure in full conformity with Indiana Statute, and it is now necessary to codify such authority within the South Bend Municipal Code. NOW, THEREFORE, BE I'I' ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. Chapter 2, Article 5 of the South Bend Municipal Code is hereby amended to add a new Section 2-50.1 which shall read as follows: Section 2-50.1 Preapproved Payment of Claims Unless otherwise required by State law (Indiana Code § 36-4-8-14), 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. Each payment of claim made shall be supported by a fully itemized invoice or bill and certification of the City Controller, and 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 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 Co ncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2008, at o'clock .m. City Clerk Approved and signed by me on the day of , 2008, at o'clock . m. Mayor, City of South Bend, Indiana i sF 12~~D!FdG 5 21 -J g PUBLIC HER{~ING 3 rd REA.DE~'G r,~'GT ~.^r?ROVED cE~E~RED Pl355ED ~I~P-ia Ei~ ~t~S~StfF'~ t,.F~6~F~~ °JI r'' I ~ ~ L~~~~ JC1NId `i04;?DE CITY CLe~;C, SG. EIEi~iLi,1~l. t COUNTY-CITY BUILDING 227 ~/. JEFFERSON BLVD. SOUTIiBEND,INDL4NA 46601-1830 PHONE 574/ 235-9216 Fax 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J, LuECxE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER June 5, 2008 Mr. Timothy Rouse President, South Bend Common Council 4'h Floor, County-City Building S i - ~• ~ ~ ~ 3 ~ _ 4 ~i South Bend, 1N 46601 ~~~''' ~'`~' ~' - t ~~ Re: Substitute Ordinance -General Fund (#101) Appropriation for 2007 Election Costs Bill No. 31-08 Dear Mr. Rouse: Attached is a substitute ordinance which appropriates monies from General Fund (#101) for the costs of the 2007 election. This substitute ordinance reflects the actual costs of $161,945.00. These costs were incorrect in the original ordinance which showed $218,963. Thank you for your consideration. Sincerely, M. Catherine Fanello Controller ~~1++frd i~ ~I~~4~'~ t~~'~€~1r JUN - 5 2008 aau}, v~~I~w~ cmr c~~src, ~~. ~r~~, :~. JANICE L. HALL ~ JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY SUBSTITUTE BILL N0.31-08 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $161,945 FROM GENERAL FUND (#101) FOR 2007 ELECTION COSTS STATEMENT OF PURPOSE AND INTENT It is necessary to appropriate $161,945 from General Fund (#101) for the costs of the 2007 election which could not have been precisely known during the 2008 budget process. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of $161,945 is hereby appropriated and set aside within General Fund (#101), for the cost of the 2007 general election. 1 `~ 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 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. 1 st R~AD~P~G S,l L• c~~" PU~LEC N[A~4NG 3 rd R~CAdEPvG hlCJT APPRCxEFED E~[~~ ~:~ kTx fCEll Fd1~d il~ (~64~'~'~ ~~~~~~ J U Pl - 5 2008 di;IP! V~C~tG~ City of South Bend, Indiana 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITIT ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR May 16, 2008 South Bend Common Council ~-~ ~ `' \ ~~~ ~ - `~~\~ _~ Fourth Floor Council Chambers 227 W. Jefferson Boulevard South Bend, IN 46601 Dear Council Members: The attached bill for your consideration and approval will appropriate $40,000 from a United States Environmental Protection Agency Brownfield Site Assessment Grant and $6,000 from the Indiana Finance Authority Federal Matching Grant Incentive program within Fund 209 for site assessment activities in the City of South Bend. The funds will be used to continue our citywide assessment program on sites impacted by petroleum products. This could include former gas stations on our commercial strips as well as other petroleum sites. I will attend the Council meeting when the ordinance is considered. Contact me at 235-9374 or akolata(a~southbendin.gov if you have any questions. Sincerely, /~ l~ ~~~ Ann E. Kolata Senior Redevelopment Specialist Fi(cd (ra C(erk'~ Of~(ce h4 AY 2 1 2008 JOHN VOORDE CITY CLErcK, S0.8END, IN. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT ~\ 574/235-9660 574/235-9371 EuzaBeTH LEONARD , EAX: 574/235-9697 574/235-9371 ~~\\ ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $40,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND $6,000.00 FROM THE INDIANA FINANCE AUTHORITY FEDERAL MATCHING GRANT INCENTIVE PROGRAM WITHIN FUND 209 FOR THE PURPOSE OF CONDUCTING BROWNFIELD SITE ASSESSMENT ACTIVITIES IN THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT This bill will appropriate $40,000 from a United States Environmental Protection Agency Brownfield Site Assessment Grant and $6,000 from the Indiana Finance Authority Federal Matching Grant Incentive program within Fund 209 for site assessment activities in the City of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. The sum of $40,000.00 from the U. S. Environmental Protection Agency Brownfields Site Assessment Grant within Fund 209 for site assessment activities in the City of South Bend is hereby appropriated. Section II. The sum of $6,000.00 from the Indiana Finance Authority Federal Matching Grant Incentive program as a match to the grant mentioned in Section I within Fund 209 for site assessment activities in the City of South Bend is hereby appropriated. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. 1 _(w..~~l.., , l~- -1~~~,~s_~. ~ ~- Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. Approved and signed by me on the 2 , at o'clock . m. City Clerk day of Mayor, City of South Bend, Indiana t st lZEADlNG s"2? ~~~ FU3LlC I-~Er1QVNG 3 rd REA©t~dG t~OT APPROVED REFERRED PA55ED ~il*~~ ~n ~IAY 21 2008 aGi'rN Va~R~ ~~~, lAf. G~ G~~' 1200 COUNTY-CITY BUILDWG 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTNE DIRECTOR .May 19, 2008 Councilman Timothy Rouse President, South-Bend Common Council (~-., ~ ~~ ~~ ~, ~ ~ J 227 W. Jefferson Blvd. 1---J South Bend, IN 46601 Re: Parking Garages Rates Dear President Rouse: Enclosed for filing with the South Bend Common Council is an Ordinance to fix rates at City owned parking garages. Redevelopment Staff requests the monthly rate charged for Colfax Street Parking Garage, Wayne Street Parking Garage and Leighton Plaza Parking Garage be established at $45.00 for monthly standard parking per vehicle in the area located above the gates and $55.00 monthly premium parking per vehicle in areas marked as reserved. All of these garages are operated by AMPCO System on behalf of the Commission. The Board of Public Works is considering adopting a Resolution on May 27, 2008 which sets out rates for vehicles parked at City operated garages, a copy of which is attached. These rates are reasonable and are designed to bring in revenue sufficient to cover the cost of maintaining and operating the parking facilities. I will present this bill at the June 9, 2008 Common Council Session. Thank you in advance for your favorable consideration of this Ordinance. Sinc ely, ~D~ ~~~ r~*-~Y D nald E. Inks Director of Economic Development DEI/dj l; iced In Clerk's Ol~lce MAY 2 1 2008 JORN VOOROE CITY CLERK, S0.6END, IN. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 5741235-9660 5741235-9371 FAx: 574/235-9697 FINANCIAL & PROGRAM I~'IANAGEMENT ELIZABETH LEONARD / f ~/{~/ 574/235-9371 ~u- ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING MONTHLY PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Indiana Code Section 36-9-11-7 authorizes the Board of Public Works to fix reasonable rates ar~d charges to be collected for parking vehicles in parking facilities owned and operated by the City and for other use of those parking facilities so as to promote the maximum use of the facilities by the public in a safe, orderly, and efficient manner. Such rates fixed by the Board of Public Works are subject to the approval of the Common Council. The Board of Public Works adopted a Resolution on May 27, 2008 which sets out rates for vehicles parked at City operated garages, a copy of which is attached hereto and incorporated herein. These rates are reasonable and are designed to bring in revenue sufficient to cover the cost of maintaining and operating the parking facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The following monthly parking rates shall be charged for vehicles parked at City operated garages: Old Rate New Rate A. Monthly Rate -Standard Parking per vehicle in $40.00 $45.00 area located above gates. B. Monthly Rate -Premium Parking per vehicle $50.00 $55.00 in areas marked as RESERVED. Section II. The option to issue or renew agreements for parking in City-owned and operated garages lies with the sole discretion of the Board of Public Works or its designee. Unless otherwise designated, parking spaces shall be allocated on a first come, first served basis. Should the demand for parking exceed supply, priority for parking spaces shall be given to those who pay the monthly rate as long as payment is timely and current. Section III. At this time the Board of Public Works has designated the corporation AMPCO to operate and manage all City parking garages. AMPCO, or any successor to AMPCO designated by the Board of Works, through its agents and employees, shall have full power and authority within the confines of City operated parking facilities to enforce the rules and restrictions concerning parking time limits and the reservation of spaces for persons who pay premium rates and for those who have handicap permits. Section IV. The monthly rates and rules for City operated parking garages in this Ordinance supersede those rates and rules established in prior Ordinance No. 9397-03, but the hourly rates set forth in Ordinance No. 9397-03 shall remain in full force and effect. Section V. The effective date of this Ordinance shall be August 1, 2008 conditioned upon its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest; City Clerk of Presented by me to the Mayor of the City of South Bend, Indiana on the day 2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana 1 st READING ~ L1 "~ g PlJBLiC HEAP.{NG 3 rd REAC~h:G NOT APPROVER R~~eRRER PASSED: ~r1 AY 2 ~ 2~~08 1G5{N `~1~Cl~~~G ti RESOLUTION NO A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, FIXING RATES AND CHARGES TO BE COLLECTED FOR THE PARKING OF VEHICLES AT MUNICIPALLY ORPERATED PARKING GARAGES WHEREAS, Ind. Code 36-9-11-7 authorizes the .Board of Public Works to fix reasonable rates for municipally operated parking garages, subject to approval of the Common Council; and NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the following monthly parking rates be established for the Colfax Street Parking Garage, the Wayne Street Parking Garage, and the Leighton Plaza Parking Garage: SECTION I. The following monthly parking rates shall be charged for vehicles parked at City operated garages: Old Rate .New Rate A. Monthly rate -Standard Parking per vehicle in area Located above gates. $40.00 $45.00 B. Monthly Rate -Premium Parking Per vehicle in areas marked as RESERVED. $50.00 $55.00 The option to issue or renew agreements for parking in City-owned and operated garages lies with the sole discretion of the Board of Public Works or its designee. Unless otherwise designated, parking spaces shall be allocated on a first come, first served basis. Should the demand for parking exceed supply, priority for parking spaces shall be given to those who pay the monthly rate as long as payment is timely and current. SECTION II. At this time the Board of Public Works has designated the corporation AMPCO to operate and manage all City parking garages. AMPCO, or any successor to AMPCO designated by the Board of Works, through its agents and employees, shall have full power and authority within the confines of City operated parking facilities to enforce the rules and restrictions concerning parking time limits and the reservation of spaces for persons who pay premium rates and for those who have handicap permits. SECTION III. The monthly rates and rules for City operated parking garages in this Resolution supersede those rates and rules established in prior Common Council Ordinance No. 9397-03, but the hourly rates set forth in Common Council Ordinance No. 9397-03 shall remain in full force and effect. SECTION IV. The effective date of this Resolution shall be August 1, 2008 subject to approval by the Common Council. ADOPTED this day of , 2008. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot Carl Littrell Don Inks ATTEST: Linda Martin, Clerk ~l~~d ~t1 CEEyI`~C'S ~~iC~ MAY 2 1 2008 ,!Cfi;~ V30tiCE CITY C? L:IYii. St}. 6~`~C,1~. COUNTY--CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER May 20, 2008 r' Mr. Timothy Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: 2008 Property Tax Anticipation Warrants Dear Mr. Rouse: Attached is an ordinance which authorizes the City of South Bend to issue up to $23,400,000 in 2008 Property Tax Anticipation Warrants. The actual borrowing will be on an as-needed basis and will depend on the actual cash flows in the General Fund, Parks and Recreation Fund, and Hall of Fame Debt Service Fund. I will present the ordinance to the Council at its Committee meeting and at the public hearing. Sin ely i . '~ M. Catherine anello, CPA Controller Attachment ~~~~ 4~ ~;;;~~' ~ ~t~t~~ M AY 2 1 2008 aaula vco;.aa Ct7Y G;.:Bt~, ~0'• 3cE14, IPI. ,JANICE L. HALL ,JOHN MURPHY ROBERTALLEN DIRECTOR ASSISTANT CONTROLLER . DIRECTOR OY HUMAN RESOURCES INFORMATIONTECHNOLOGY ~ I~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2007, AND COLLECTABLE IN THE YEAR 2008, AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON STATEMENT OF PURPOSE AND INTENT The City Controller (the "City Controller") of the City of South Bend, Indiana (the "City"), has represented and the Common Council of the City (the "Common Council") now finds that there will be insufficient amounts of moneys for the following funds of the City: General Fund, Parks and Recreation, Hall of Fame Debt Service (collectively, the "Funds") to meet the current running expenses of the City payable from each of such Funds during the fiscal year ending December 31, 2008, and prior to the respective June and December settlement and distribution of taxes levied for each such Fund, in particular given that there will not be a full distribution of taxes in June. The Common Council now finds that temporary loans for the Funds for such purposes should be made and that temporary loan tax anticipation time warrants evidencing such loans should be issued and sold, subject to the terms and conditions set forth herein and in accordance with the provisions of Indiana law. The levy proposed for collection for each of the Funds in the year 2008 is estimated to produce in the aggregate, with respect to each such Fund, an amount equal to or in excess of the principal and interest cost of making temporary loans for such Fund. A necessity exists for the making of temporary loans evidenced by temporary loan tax anticipation time warrants for each of the Funds in anticipation of the receipt of current revenues for each such Fund levied and in the course of collection for the year 2008. and the Common Council hereby authorizes the making of temporary loans to procure the amounts necessary, in combination with other available amounts, to meet such current running expenses BDDBOI 5241543v1 for each Fund and to pay necessary costs incurred in connection with the issuance and sale of temporary loan tax anticipation time warrants to evidence such temporary loans. The City has not previously issued temporary loan tax anticipation time warrants payable from 2008 tax revenues with respect to any of the Funds and the Common Council seeks to authorize the issuance of such temporary loan tax anticipation time warrants with respect to each Fund and the sale of such warrants pursuant to the provisions of Indiana Code 36-4-6, subject to and dependent upon the terms and conditions hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. It is hereby found and declared that an emergency exists for the borrowing of money and therefore the City by its Mayor is hereby authorized to make temporary loans to meet current n,nning expenses pursuant to the provisions of Indiana Code 36-4-6 for the use and benefit of each of the Funds of the City in anticipation of current tax revenues actually levied and in the course of collection for the respective Funds for the year 2008, which loans shall be evidenced by temporary loan tax anticipation time warrants of the City (the "Warrants"). All Warrants shall be dated as of the date of delivery. A sepazate Warrant or Warrants shall be issued with respect to each Fund for each maturity date. The City is authorized to issue Warrants maturing and payable on December 30, 2008, in amounts not to exceed the following: Principal Amount: $19,000,000 Maturing December 30, 2008 Fund: General Principal Amount: $3,000,000 Maturing December 30, 2008 Fund: Parks and Recreation Principal Amount: $1,400,000 Maturing December 30, 2008 Fund: Hall of Fame The Warrants authorized herein shall bear interest prior to maturity at a rate or rates per annum not to exceed a maximum of six percent (6.00%). The exact rate or rates of interest are to be determined under the terms of a Warrant Purchase Agreement, as hereinafter defined. Warrants not timely paid will bear interest at a rate or rates a$er maturity as set forth in the Warrant Purchase Agreement. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. It is understood that principal shall not be payable and interest shall not accrue on any Warrant or Warrants issued pursuant to this Ordinance until such principal amount has been advanced pursuant to requests made by the City to the Purchaser. In the event that the total principal amount of the Warrants is not advanced to the City, the principal amount of such Warrant shall be reduced to effect such reduction. The maximum principal amount of the Warrants as set forth herein shall be reduced as necessary to comply .with the Internal Revenue Code of 1986, as amended (the "Code"). BDDBOI 5241543v1 - 2 - Section II. With respect to each Fund and each maturity date, the appropriate officers of the City are authorized to deliver a principal amount of Warrants up to or less than the maximum amount established for any such Fund or maturity date in Section 1 hereof in order to comply with all applicable laws. All Warrants will be delivered at the time of payment with respect to any Fund or otherwise as appropriate and in accordance with the terms of the Warrant Purchase Agreement. Section III. The principal of and interest on the Warrants, together with all necessary costs incurred in connection with the issuance and sale of the Warrants, shall be payable from tax revenues to be received in the respective Fund upon which such Warrant is issued. There is hereby appropriated and pledged to the payment of all Warrants issued with respect to each Fund, including interest and all necessary costs incurred in connection with the issuance and sale of the Warrants, a sufficient amount of the tax revenues, levied in 2007, and payable in 2008, for such Fund and in anticipation of which the Warrants have been issued, for the punctual payment of the principal of and interest on the Warrants evidencing such temporary loans, together with such issuance costs, if any. Section N. The City Controller, on behalf of the City, is authorized to sell the Warrants via negotiated sale at a price not less than the par value thereof to a purchaser or purchasers (the "Purchaser") in the denomination of One Hundred Thousand Dollars ($100,000), and any integral multiple of One Dollar ($1.00) in excess of One Hundred Thousand Dollars ($100,000) of single maturities. The Warrants shall be sold to the Purchaser pursuant to the purchase agreement (the "Warrant Purchase Agreement") between the City and the Purchaser, hereby authorized to be entered into and executed by the City Controller, on behalf of the City, subsequent to the date of the adoption of this Ordinance in accordance with the terms and conditions of this Ordinance, and with such Warrant Purchase Agreement to set forth the definitive terms and conditions of such sale, including the interest rate or rates on the Warrants, which shall not exceed the maximum authorized rate of interest for the Warrants issued pursuant to this Ordinance. The Warrants sold to the Purchaser shall be accompanied by all documentation required pursuant to the provisions of Indiana law and the Warrant Purchase Agreement, including without limitation an approving opinion of nationally recognized bond counsel, certification and guarantee of signatures and certification as to no litigation pending, as of the date of delivery of the Warrants to the Purchaser, challenging the validity or issuance of the Warrants and certification from the Purchaser that it is a "sophisticated investor". The entry by the City into the Warrant Purchase Agreement and the execution of the Warrant Purchase Agreement on behalf of the City by the City Controller, in accordance with the Ordinance, are hereby authorized, approved and ratified. Section V. The Warrants may be prepaid on any date prior to their maturity, in whole or in part, upon at least seven (7) days' written notice to the holder of the Warrant or Warrants to be prepaid, at a prepayment price equal to one hundred percent (100%) of the principal amount of the Warrants to be prepaid, plus accrued interest thereon to the date of prepayment, and without premium. Written notice of any prepayment shall include (i) the date. of prepayment; (ii) the prepayment price; (iii) in the case of partial prepayment, the identification BDDBOI 5241543v1 ' 3 - and the respective principal amounts of the Warrants to be prepaid; (iv) that on the date of prepayment, the prepayment price will become due and payable upon each such Warrant or portion thereof called for prepayment, and that interest thereon shall cease to accrue from and after said date; and (v) the place where such Warrants are to be surrendered for payment of the prepayment price, which place of payment shall be the place provided for the payment of the principal of the Warrants. Section VI. The Warrants issued hereunder with respect to the Funds shall be executed in the name of the City by the manual or facsimile signature of the Mayor of the City, countersigned by the manual or facsimile signature of the City Controller, and the corporate seal of the City affixed thereto, and attested by the manual or facsimile signature of the Clerk of the City (the "Clerk"), provided, however, that at least one such signature on the Warrants shall be manual. All Warrants shall be payable in lawful money of the United States of America at the office of the City Controller as Paying Agent. Section VII. The Warrants with respect to each Fund shall be issued in substantially the following form (all blanks, including the appropriate amounts, dates, and other information to be properly completed prior to the execution and delivery thereof): [Form of Warrant] UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPIi Due Date: December , 2008 CITY OF SOUTH BEND, IlVDIANA TEMPORARY LOAN TAX ANTICIPATION TIlVIE WARRANT ( FUND) FOR VALUE RECEIVED, on or before December , 2008, the City of South Bend, Indiana (the "City"), shall pay to the amount of $ (or so much thereof as may be advanced from time to time and be outstanding as evidenced by the records of the registered owner making payment for this Warrant, or its assigns) pursuant to a certain Warrant Purchase Agreement between the Bond Bank and the City, dated as of (the "Agreement"). In addition, the City on the Due Date hereof shall pay to the bearer hereof interest at the rate of per annum on the outstanding principal amount, with such interest to be calculated on the basis of a 360-day year comprised of twelve 30-day months. Both principal of and interest of this Warrant are payable in lawful money of the United States of America of the Office of the Controller of the City, as Paying Agent, or any appointed successor Paying Agent upon presentation on or after their maturity date. This Warrant evidences a temporary loan to provide funds to meet current expenses of the Fund, and has been authorized by an ordinance passed and adopted by the Common Council of the City of South Bend, Indiana, on 2008, in accordance with Indiana Code, Title 36, Article 4, Chapter 6, and all other acts amendatory thereof or supplemental thereto. BDDBOi 5241543v1 - 4 This Warrant is issued in anticipation of the tax levy which has been made for the Fund in the year 2007, which tax levy is now in the course of collection. There has been irrevocably appropriated and pledged to the payment in full of the principal of and interest on this Warrant a sufficient amount of the revenues to be derived from the Fund tax levy. This Warrant is prepayable on any date at the option of the City, in whole or in part, upon seven day's written notice to the holder hereof to be paid at a price equal to one hundred percent (100%) of the principal amount to be prepaid plus accrued interest thereon to the date of prepayment, and without premium. It is further hereby certified, recited, and declared that all acts, conditions, and things required by law precedent to the issuance and execution of this Warrant have been properly done, have happened, and have been performed in the manner required by the constitution and statutes of the State of Indiana relating thereto; that the Fund tax levy from which, (together with other amounts in the Fund) this Warrant is payable, is a valid and legal levy; and that the City will reserve a sufficient amount of the proceeds of the Fund tax levy currently in the course of collection for the timely payment of the principal of and interest on this Warrant in accordance with its terms. IN WITNESS WHEREOF, the City of South Bend, in the County of St. Joseph, State of Indiana, has caused this Warrant to be executed in its corporate name by the Mayor of the City of South Bend, Indiana, countersigned by the City Controller of the City of South Bend, Indiana, and its corporate seal to be hereunto affixed and attested by the City Clerk of the City of South Bend, Indiana, all as of the day of , 2008. CITY OF SOUTH BEND, INDIANA By: Mayor COUNTERSIGNED: City Controller (SEAL) ATTEST: City Clerk [End of Form of Warrant] Section VIII. The City Controller is hereby authorized and directed to have the Warrants prepared, and the Mayor, the City Controller, and the City Clerk are hereby authorized and directed to execute all Warrants in the manner and substantially the form provided in this Ordinance. Section IX. The City Controller is hereby authorized to deliver the Warrants to the Purchaser, upon receipt from the Purchaser of payment in accordance with the terms of the Warrant Purchase Agreement. BDDBOI 5241543v1 ' S Section X. The City Controller and other appropriate officers of the City are hereby authorized and directed to make such filings and requests, deliver such certifications, execute and deliver such documents and instruments, and otherwise take such actions as are necessary or appropriate to carry out the terms and conditions of this Ordinance and the actions authorized hereby and thereby. Section XI. The City hereby covenants that the City and its officers shall not take any action or fail to take any action with respect to the proceeds of any of the Warrants or any investment earnings thereon which would result in constituting any of the Warrants as "arbitrage bonds" under the Code and any and all final or proposed regulations or rulings applicable thereto, or which would otherwise cause the interest on any of the Warrants to cease to be excludable from gross income for purposes of federal income taxation; and the City Controller and all other appropriate officers are hereby authorized and directed to take any and all actions and to make and deliver any and all reports, filings, and certifications as may be necessary or appropriate to evidence, establish, or ensure such continuing exclusion of the interest on the Warrants. Section XII. All resolutions and ordinances in conflict herewith are, to extent of such conflict, hereby repealed. Section XIII. This Ordinance shall be in-full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. ~**~* BDDBOI 5241543v1 ' 6 .~- Member of the Common Council ATTEST: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2008, at o'clock .m. City Clerk Approved and .signed by me on the day of o'clock .m. 1 st READING ~ L~ ~ ~~ PUQLtC HEAR{NG 3 rd READWG NOT APPROVED REFERRED. PASSED BDDB015241543v1 2008, at Mayor, City of South Bend, Indiana -7- Find In Gi~rk'~ ®~~~ce MAY 2 1 20d$ J~7HPd ~Jt~(3RDE CITY CL'ci~K, ELF. BEi,ID, IN. 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 Fnx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR May 21, 2008 South Bend Common Council Fourth Floor Council Chambers 400 County-City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will approve the Second Addendum to Lease for Century Center. Financing for these projects is being done as a Lease Revenue Bond to be issued by the Redevelopment Authority. Assets constructed with the bond proceeds, including major repairs and replacements, along with enhancements to.the building, grounds and streetscape, will be leased to the Redevelopment Commission. This Lease includes provisions for lease payments of $1,109,000 per year. I, along with Century Center representatives, will make presentation to the Council at your June 9th meeting. If you have any questions, please call me at 235-9339. Sin rely, Donald E. Inks Director Economic Development cc: Jeff Gibney Don Inks Filed In Cterk'S Office MAY 2 1 2008 JOHN 50 BEND, IN. CITY CLERK, COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 574/235-9660 574/235-9371 Fax: 574/235-9697 FINANCIAL & PROGRAM MANAGEMENT ,J ELIZABETH LEONARD 574/235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A SECOND ADDENDUM TO LEASE FOR CERTAIN ADDITIONAL PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION STATEMENT OF PURPOSE AND INTENT The South Bend Redevelopment Commission (the "Commission"), governing body of the South Bend Department of Redevelopment and the South Bend Redevelopment District (the "Redevelopment District"), exists and operates under the provisions of Indiana Code 36-7-14, as amended from time to time (the "Act"); and The Commission has adopted various resolutions (i) declaring certain real estate in the Redevelopment District, known as the South Bend Central Development Area (the "Area"), to be a redevelopment area within the meaning of the Act, determining that it would be of public utility and benefit to redevelop the Area pursuant to a development plan, as amended, and (ii) designating the entire Area as an allocation area having boundaries as described in Declaratory Resolution No. 137, as amended; and The South Bend Redevelopment Authority (the "Authority") previously entered into a lease by and between the Authority and the Commission dated as of November 1, 1993, as amended by an Addendum to Lease dated as of June 3, 1994 (collectively, the "Lease"), which Lease was heretofore approved by the Commission, and pursuant to which the Authority leases to the Commission certain real estate and local public improvements at the Century Center; and BDDBOI 523769442 The Authority at a meeting on May 21, 2008, adopted a resolution, which, among other things, approved a proposed Second Addendum to Lease between the Authority and the Commission to be dated as of June 1, 2008 (the "Second Addendum"), for certain additional local public improvements located in the Area including, without limitation, the following improvements to the Century Center: the addition of skylight ,safety film, the replacement of boilers and chillers, repairs on Island Park, the replacement of the fire alarm and security systems, the renovation of seven (7) restrooms, the renovation of C Hall, the replacement of the roofs, site lighting additions, exterior masonry work, and additional enhancements to the building, grounds and streetscape including, but not limited to, street level and river level interior and exterior signage, enhancement to the upper level offices, and enhancement to the front of building and viewing park and related improvements, and the acquisition of an interest in certain improvements previously financed with the issuance of the St. Joseph County, Indiana Special Tax Bonds of 1992, which were previously refunded with the issuance of the St. Joseph County, Indiana Special Tax Bonds of 1998 (collectively, the "2008 Project"), and directed the Secretary-Treasurer of the Authority to file a copy of said Second Addendum, as approved, with the Commission; and The Commission, at a meeting on May 16, 2008, approved the form of the Second Addendum, scheduled a public hearing on said Second Addendum to be held on June 13, 2008, pursualt to Indiana Code 36-7-14-25.2, and authorized the publication of a notice of public hearing on. said Lease pursuant to Indiana Code 5-3-1, and authorized the Secretary of the Commission to file with the Common Council of the City of South Bend, Indiana (the "Common Council"), an approving ordinance for the purposes of said Common Council's finding, prior to the Commission's execution of said Second Addendum, that the rental payments are fair and BDDBOI 5237694x2 - 2 - reasonable and that the use of the 2008 Project throughout the term of said Second Addendum will serve the public purpose of the City of South Bend, Indiana (the "City"), and is in the best interests of its residents, and for purposes of approving the Second Addendum; and On June 13, 2008, said public hearing is expected to be held and all interested parties were provided the opportunity to be heard at the hearing; and The Commission, at its meeting on June 13, 2008, is expected to adopt a resolution finding, pursuant to Indiana Code 36-7-14.5-14, that the rental payments to be paid by the Commission to the Authority pursuant to said Second Addendum, at a rate not to exceed One Million One Hundred Nine Thousand and 00/100 Dollars ($1,109,000.00) per year, subject to reduction as set. forth in the Second Addendum, in semiannual installments beginning on the day the 2008 Project is completed and ready for use, or April 15, 2009, whichever is later, are fair and reasonable, and finding, pursuant to Indiana Code 36-7-14-25.2, that the use of the 2008 Project throughout the term of the Second Addendum will serve the public purpose of the City, and is in the best interests of its residents; and The Common Council desires to approve said Second Addendum, pursuant to Indiana Code 36-7-14-25.2, which provides that any lease approved by a resolution of the Commission must be approved by an ordinance of the fiscal body of the unit; NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: 1. The Common Council hereby finds that the rental payments, as approved by the Commission, are fair and reasonable, and further finds that the use of the 2008 Project throughout the term of the Second Addendum will serve the public purpose of the City and is in the best interests of its residents. BDDBOI 5237694v2 - 3 - 2. The Common Council hereby approves said Second Addendum, as approved by the Commission, pursuant to Indiana Code 36-7-14-25.2, in substantially the form provided at this meeting and attached hereto as Exhibit A. 3. This Ordinance shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. ***** BDDBOI 5237694v2 - 4 - COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ATTEST: City Clerk \ r.s.~ri~,t ~~.~.~.~..~:~..,~~ Member of the Common Council 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. 1 st R~AD{F1G 5-~-1 ~ ~~' Pt13LtC HEARIi~G ~3 rd READING NOT P.t'i'RaVED P.EFERP.ED. PASSED BDDB01 5237694v2 2008, at Mayor, City of South Bend, Indiana -5- ~~G~~ ~~ ~ter~c'~ ~f~~ce ~.._ ~~:4 AY 2 1 2008 EXHIBIT A [FORM OF LEASE] ~t ~ ~~~c~~'d ~~~tsc~ ~ .] ~~,~ ~'~ 2 t 2aos BDDBOI 5237694v2 SECOND ADDENDUM TO THE LEASE DATED AS OF NOVEMBER 1,1993 Between SOUTH BEND REDEVELOPMENT AUTHORITY and SOUTH BEND REDEVELOPMENT COMMISSION DATED AS OF JUNE 1, 2008 (Century Center 2008 Project) BDDBOI 5233044v2 INDEX Pale Section 1. Definitions ................................................................... .................................................. 1 Section 2. Lease of 2008 Project ................................................. ................................................... 2 Section 3. Rental Payments ......................................................... ................................................... 2 Section 4. Rental Payment Dates and Amounts .......................... ................................................... 2 Section 5. Abatement of Rent ..................................................... ................................................... 3 Section 6. Net Lease .................................:.................................. ................................................... 4 Section 7. Nonliability of Authority ..................:......................... ................................................... 4 Section 8. Alterations .................................................................. ................................................... 4 Section 9. Insurance .................................................................... ..............................................:.... 4 Section 10. Use of Insurance and Condemnation Proceeds ........ ................................................... 5 Section 11. Liability Insurance ................................................... .................................................... 5 Section 12. General Insurance Provisions .................................. .................................................... S Section 13. General Covenants .................................................. .................................................... 5 Section 14. Option to Purchase .................................................. .................................................... 6 Section 15. Defaults ................................................................... .................................................... 6 Section 16. Notices ..................................................................... ....................................................6 Section 17. Construction of Covenants ...................................... ....................................................7 Section 18. Successors or Assigns ............................................. .................................................... 7 Exhibit A 2008 Project Description BDDBOI 5233044v2 SECOND ADDENDUM TO LEASE This Second Addendum to Lease entered into as of the 1S` day of June, 2008, between the.SOUTH BEND REDEVELOPMENT AUTHORITY, a body corporate and politic organized and existing under Indiana Code 36-7-14.5 (the "Authority") and the SOUTH BEND REDEVELOPMENT COMMISSION, the governing body of the City of South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana (the "Lessee"), acting for and on behalf of the City of South Bend, Indiana, for the purpose of amending the Lease dated as of November 1, 1993, as amended by an Addendum to Lease dated as of June 3, 1994 both of which were recorded in the office of the St. Joseph County Recorder as Documents 9423717 and 9423718, respectively (hereinafter collectively referred to as the "Lease"). WITNESSETH: Section 1. Definitions. The terms defined in this Section 1 shall for all purposes of this Second Addendum to Lease have the meanings herein specified unless the context otherwise requires and shall supplement the definitions contained in the Lease. "2008 Bonds" means South Bend Redevelopment Authority Lease Rental Revenue Bonds (Century Center 2008 Project). "2008 Century Center Principal and Interest Account" means the account by that name created in the Redevelopment District Bond Fund by the 2008 Lease Resolution. "2008 Lease Resolution" means the resolution of the Commission passed on , 2008, establishing funds for the payment of lease rentals. "2008 Project" means the real estate (including all right-of-way easements contained therein) in St. Joseph County, Indiana, described as the Century Center Portion in Exhibit A of the Lease and the local public improvements to be completed thereon by the Authority or its agent according to the plans and specifications prepared by its consultants, all as described in Exhibit A hereto. The above mentioned plans and specifications may be changed and additional construction work may be performed and improvements may be purchased by the Authority, but only with the approval of the Lessee, and only if such changes or modifications or additional construction work or improvements do not alter the character of the 2008 Project or reduce the value thereof. Any such additional construction work or additional improvements shall be part of the property covered by this Second Addendum to Lease. The above-mentioned plans and specifications have been filed with and approved by the Lessee. "2008 Trust Agreement" means the Trust Agreement dated as of , 2008, between the Authority and the Trustee, securing the 2008 Bonds. "Trustee" means the financial institution selected to serve as trustee pursuant to the 2008 Trust Agreement, and any successor trustee. BDDBOI 5233044x2 Any term not defined herein, which is defined in the 2008 Lease Resolution, the Lease or in the 2008 Trust Agreement, shall have the meaning as defined in such resolution, lease or agreement. Section 2. Lease of 2008 Project. In consideration of the rentals and other terms and conditions herein specified the Authority does hereby lease, demise and let to the Lessee the 2008 Project: TO HAVE AND TO HOLD the same with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee for a term not to exceed twenty (20) years, beginning on the date the 2008 Project is complete and ready for use and ending on the day prior to such date at most twenty (20) years thereafter (the "2008 Term"). However, the term set forth in this Second Addendum to Lease with respect to the 2008 Project shall terminate at the earlier of (a) the exercise of the option to purchase the 2008 Project by Lessee and payment of the option price, or (b) the payment or defeasance of all obligations of Lessor incurred (i) to finance the cost of the leased property, (ii) to refund such obligations, (iii) to refund such refunding obligations. The date the 2008 Project is complete and ready for use shall be endorsed on this Second Addendum to Lease at the end hereof by the parties hereto as soon as the same can be done after such completion date and such endorsement shall be recorded as an addendum to the Lease. The Authority hereby represents that it is possessed of a good and indefeasible estate in fee simple subject only to Permitted Encumbrances, to the real estate described as the Century Center portion in Exhibit A of the Lease, and the Authority warrants and will defend the same against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee. Section 3. Rental Payments. (a) During the term of this Second Addendum to Lease, the Lessee agrees to pay rental for said premises as set forth in Section 4 hereof. Such rental shall be paid from the 2008 Century Center Principal and Interest Account of the Redevelopment District Bond Fund. All rentals payable under the terms of this Second Addendum to Lease shall be paid to the Trustee or to such other bank or trust company as may from time to time succeed the Trustee under the 2008 Trust Agreement. All payments so made shall be considered as payments to the Authority of the rentals payable hereunder. The Lessee shall receive credit for any Bond maturing within seven (7) days of the date of the lease rental payment, at the face value thereof, which the Lessee acquires and delivers to the Trustee as a part of its lease rental payment; and (b) As additional rental the Lessee agrees to pay all fees, charges and reimbursement of expenses of the Trustee under the 2008 Trust Agreement and all prudent charges and expenses of the Authority incurred in the performance of its obligations hereunder. Section 4. Rental Payment Dates and Amounts. The first semiannual rental installment in the amount of Five Hundred Fifty-four Thousand Five Hundred and 00/100 Dollars ($554,500.00) shall be due on the day that the 2008 Project is completed and ready for use or April 15, 2009, whichever is later. If completion is later than April 15, 2009, the first installment shall be in an amount which provides for rental at the rate of $554,500.00 for the semiannual period in which the 2008 Project is completed and ready for use, prorated from the date of completion until the first April 15 or October 15 following such date of completion. BDDBO] 5233044v2 - 2 - Thereafter such rentals shall be payable in advance in semiannual installments of $554,500.00 on April 15 and October 15 of each year. The last semiannual rental payment due before the expiration of this Second Addendum to Lease shall be adjusted to provide for rental at the amount specified above for the applicable semiannual period prorated from the date such installment is due to the date of the expiration of this Second Addendum to Lease (without taking into account any subsequent early termination of this Second Addendum to Lease pursuant to Section 2 hereof). After the sale of the 2008 Bonds issued by the Authority to pay the cost of the 2008 Project and other expenses incidental thereto, the sum of the first and second semiannual rental installments and the sum of the third and fourth semiannual rental installments, and so on, shall be reduced to an amount equal to the multiple of One Thousand Dollars ($1,000.00) next highest to the highest sum of principal and interest due in any year ending on a Bond maturity date on such 2008 Bonds plus Three Thousand Dollars ($3,000), payable in equal semiannual installments, assuming for such purposes that the semiannual rental installment payable following completion of the 2008 Project is due on April 15, 2009. Such amount of reduced annual rental shall be endorsed on this Second Addendum to Lease at the end hereof by the parties hereto as soon as the same can be done after the sale of said 2008 Bonds, and such endorsement shall be recorded as an addendum to the Lease. The Lessee will not take any action or fail to take any action that would result in the loss of the exclusion from gross income for federal tax purposes of interest on the 2008 Bonds pursuant to Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code"), as in effect on the date of delivery of the 2008 Bonds, nor will the Lessee act in any manner. which would adversely affect such exclusion. The Lessee further covenants that it will not make any investment or do any other act or thing during the period that any Bond is outstanding hereunder which would cause any Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as in effect on the date of delivery of the 2008 Bonds. All .officers, members, employees and agents of the Lessee are authorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the Lessee as of the date the 2008 Bonds are issued and to enter into covenants on behalf of the Lessee evidencing the Lessee's commitments made herein. Section 5. Abatement of Rent. In the event that all or a portion of the 2008 Project shall be damaged or destroyed so as to render the damaged or destroyed portion of the 2003 Project unfit for its intended use, it shall then be the obligation of the Authority to restore and reconstruct the damaged or destroyed portion of the 2008 Project as promptly as may be done, unavoidable strikes and other causes beyond the control of the Authority excepted, if, in the opinion of an independent registered architect, registered engineer, construction manager or contractor selected by the Lessee and acceptable to the Trustee, (i) the cost of such restoration or reconstruction does not exceed the amount of the proceeds received by the Authority from the insurance provided for in Section 9 hereof plus other moneys available therefor and (ii) such restoration or reconstruction can be completed within the period of time covered by the rental value insurance provided for in Section 9 hereof. If either or both conditions shall not exist, the proceeds received from the insurance provided for in Section 9 hereof shall be applied to the option to purchase price provided for in Section 14 hereof. The rental shall be abated pro rata for BDDBOI 5233044v2 ' 3 the period during which the damaged or destroyed portion of the 2008 Project is unfit for its intended use. Section 6. Net Lease. It is expressly understood and agreed that this Second Addendum to Lease shall be what is known as a net lease (i_e., the rent being absolutely net to the Authority and that all other expenses in connection with the 2008 Project of any nature whatsoever shall be those of the Lessee) and that during the lease term the Lessee shall be obligated to pay as its expenses without reimbursement from the Authority all costs of taxes and assessments, if any, and maintenance, operation and use in connection with or relating to the 2008 Project, including but not limited to all costs and expenses of all services, repair or replacement of all parts of the 2008 Project or improvements of the 2008 Project. Section 7. Nonliability of Authority. The Authority shall not be liable for damage caused by hidden defects or failure to keep the 2008 Project in repair and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, or other pipes or the bursting or leaking of plumbing or heating fixtures in connection with said premises, nor for damage occasioned by water, snow or ice. The Authority shall not be liable for any injury to the Lessee or any sublessee of the Lessee or any other person which injury occurs on, in or about the 2008 Project howsoever arising. The Authority shall not be liable for damage to the Lessee's property or to the property of any sublessee of the Lessee or of any other person which may be located in, upon or about the 2008 Project. Section 8. Alterations. Lessee shall have the right, without the consent of the Authority, to make all alterations, modifications and additions and to do all improvements it deems necessary or desirable to the 2008 Project, which do not reduce the rental value of the 2008 Project. Section 9. Insurance. The Lessee, at its own expense, will, during the full 2008 Term, keep the 2008 Project insured against physical loss or damage, however caused, with such exceptions as are ordinarily required by insurers of properties of a similar type, in good and responsible insurance companies acceptable to the Authority. Such insurance shall be in an amount at least equal to the greater of (i) the option to purchase price or (ii) one hundred percent (100%) of the full replacement cost of such 2008 Project as certified by a registered architect, a registered engineer, or professional appraisal engineer, selected by the Authority with the approval of the Trustee, on the effective date of this Second Addendum to Lease and on or before the first day of April of each year thereafter; provided that such certification shall not be required so long as the amount of such insurance shall be in an amount at least equal to the option to purchase price. Such appraisal may be based upon a recognized index of conversion factors. In no event shall the insurance be in an amount which causes the Lessee to be a co-insurer for the 2008 Project. Such insurance may contain a provision for a deductible in an amount not exceeding $25,000. Lessee agrees to pay the deductible amount of any loss to the Authority. A blanket public institutional property insurance form may be used if: (a) the insurance on the 2008 Project is not less than the amount required by this Section, BDDBO] 5233044v2 ' 4 (b) the Lessee subordinates its claim for damage or destruction to other buildings or improvements to claims for damage or destruction of the 2008 Project, and (c) the insurance proceeds related to damage to or destruction of the 2008 Project are payable to the Trustee. During the full 2008 Term, the Lessee will also, at its own expense, maintain rental or rental value insurance in an amount at least equal to the full rental specified in Section 4 for a period of two (2) years against physical loss or damage of the type insured against pursuant to the preceding requirements of this Section. Such policies shall be for the benefit of and shall be made payable to the Trustee. Section 10. Use of Insurance and Condemnation Proceeds. Proceeds of insurance against damage to or destruction of the 2008 Project or proceeds of any condemnation of the 200$ Project shall be paid to and held by the Trustee and used to pay for reconstruction or replacement of the 2008 Project in accordance with plans approved by the Authority and the Lessee, unless the Lessee elects to exercise its option to purchase. Section 11. Liability Insurance. The Lessee shall, at all times during the full 2008 Term, keep in effect, public liability and property damage insurance, insuring the Lessee, the Authority -and the Trustee in amounts customarily carried for similar properties. Such insurance may be provided under the public liability self-insurance program of the City of South Bend. Section 12. General Insurance Provisions. All insurance policies required by Sections 9 and 11, shall be with insurance companies rated B+ or better by A.M. Best Company (or a comparable rating service if A.M. Best company ceases to exist or rate insurance companies), and shall be countersigned by an agent of the insurer who is a resident of the State of Indiana, and such policies, or copies thereof, and the certificate of the architect or engineer referred to in Section 9 shall be deposited with the Authority and the Trustee. If, at any time, the Lessee fails to maintain insurance in accordance with Sections 9 and 11, such insurance may be obtained by the Authority, or may be obtained by the Trustee, and the amount paid for such insurance shall be added to the amount of rental payable by the Lessee under this Second Addendum to Lease; provided, however, that neither the Authority nor the Trustee shall be under any obligation to obtain such insurance, and any action or non-action of the Authority or Trustee in this regard shall not relieve the Lessee of any consequences of a default in failing to obtain such insurance. Section 13. General Covenants. The Lessee shall not assign this Second Addendum to Lease. The Lessee covenants that, except for Permitted Encumbrances, it will not encumber the 2008 Project, or permit any encumbrance to exist thereon, and that it shall use and maintain the 2008 Project in accordance with the laws and ordinances of the United States of America, the State of Indiana, and all other proper governmental authorities. The Authority agrees that it will, at the request of the Lessee, execute and deliver to or upon the order of the Lessee such instrument or instruments as may be reasonably required by the Lessee in order to subject the 2008 Project, or the Authority's interest therein, to such encumbrances as shall be BDDBOI 5233044v2 - 5 - specified in such request and as shall be permitted by the provisions of this Section 13 or otherwise by the definition of "Permitted Encumbrances". Section 14. Option to Purchase. The Authority hereby grants Lessee the right and option, on any rental payment date, upon thirty days' written notice to the Authority, to purchase the 2008 Project at a price equal to the amount required to enable the Authority to provide for the redemption of all outstanding 2008 Bonds, all premiums payable on the redemption thereof, and accrued and unpaid interest, and to pay the cost of redeeming the 2008 Bonds and liquidating the Authority if it is to be liquidated. Upon request of the Lessee, the Authority agrees to furnish an itemized statement setting forth the amounts required. to be paid by the Lessee on the next rental payment date in order to purchase the 2008 Project in accordance with the preceding paragraph. If the Lessee exercises its option to purchase, the Lessee shall pay to the Trustee that portion of the purchase price which is required to provide for the payment of all the 200$ Bonds, including all premiums payable on the redemption thereof, accrued and unpaid interest thereon and the costs of redemption thereof. Such payment shall not be made until the Trustee gives to the Lessee a written statement that such amount will be sufficient to retire all 2008 Bonds including all premiums payable on the redemption thereof and accrued and unpaid interest. The remainder of such purchase price, if any, shall be paid by the Lessee to the Authority. Nothing herein contained shall be construed to provide that the Lessee shall be under any obligation to purchase the 2008 Project, or under any obligation in respect to any creditors or bondholders of the Authority. If the Lessee has not exercised its option to purchase the 2008 Project at the expiration of the term of the Second Addendum to Lease and upon the full discharge and performance by the Lessee of its obligations under this Second Addendum to Lease, the Authority shall execute a deed of the 2008 Project to the Lessee conveying good and merchantable title thereto, subject only to Permitted Encumbrances. Section 15. Defaults. If the Lessee shall (a) default in the payment of any rentals or other sums payable to the Authority hereunder, or in the payment of any other sum herein required to be paid for the Authority, (b) fail to comply with the terms set forth in the 2008 Lease Resolution, or (c) default in the observance of any other covenant, agreement or condition hereof, and such default under (c) shall continue for ninety (90) days after written notice to correct the same, then, in any of such events, the Authority may proceed to protect and enforce its rights, either at law or in equity, by suit, action, mandamus or other proceedings, whether for specific performance of any covenant or agreement contained herein or for the enforcement of any other appropriate legal or equitable remedy. Section 16. Notices. Whenever either party shall be required to give notice to the other under this Second Addendum to Lease, it shall be sufficient service of such notice to deposit the same in the United States mail, in an envelope duly stamped, registered and BDDBOI 5233044v2 - 6 addressed to the other party at its last known place of business. A copy of any notice shall be mailed by first-class mail to the Trustee at its last known place of business. Section 17. Construction of Covenants. All provisions contained herein shall be construed in accordance with the provisions of the Act and to the extent of inconsistencies, if any, between the covenants and agreements in this Lease and the provisions of the Act, the provisions of said Act shall be deemed to be controlling and binding upon the parties. Section 18. Successors or Assigns. All covenants of this Second Addendum to Lease, whether by the Authority or the Lessee, shall be binding upon the successors and assigns of the respective parties hereto. Section 19. Supplement to Lease. Nothing herein is meant to otherwise amend the Lease or impede the payment of the lease rentals for the Project, as defined in the Lease. This Second Addendum to Lease shall supplement the Lease. ***** BDDBOI 5233044v2 - 7 - IN WITNESS WHEREOF, the parties hereto have caused this Second Addendum to Lease to be executed for and on their behalf as of the day and year first hereinabove written. B y: ATTEST: S ecretary-Treasurer By: ATTEST: Secretary SOUTH BEND REDEVELOPMENT AUTHORITY President SOUTH BEND REDEVELOPMENT COMMISSION President BDDBO] 5233044x2 - 8 - STATE OF II~tDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a-Notary Public in and for said State, ~ personally appeared and ,personally known by me to be the President and Secretary-Treasurer, respectively, of the South Bend Redevelopment Authority, and acknowledged the execution of the foregoing Second Addendum to Lease for and on behalf of said Authority. . WITNESS my hand and Notarial Seal this day of , 200_. (SEAL) (Written Signature) (Printed Signature) My commission expires: Resident of St. Joseph County, Indiana STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known by me to be the President and Secretary, respectively, of the South Bend Redevelopment Commission, and acknowledged the execution of the foregoing Second Addendum to Lease for and on behalf of said Commission. WTTNESS my hand and Notarial Seal this day of (SEAL) (Printed Signature) My commission expires: Resident of St. Joseph County, Indiana "I affirm, under the penalties for perjury,- that I have taken reasonable care to redact each Socia] Security number in this document unless required by law." Rando~h R. Rompola. This instrument was prepared by Randolph R. Rompola, BAKER & DANIELS LLP, 202 South Michi ag n -- Street, Suite 1400, South Bend, Indiana 46601. ~~`~P~,:~ lr~ ~sy.,1'~'~ g`°~~~}o~a BDDBOI 5233044v2 - 9 - 200 . (Written Signature) t~,,,, ,.t ~.. ... Y _._..,..~......~....,........,.~.Y.er_.. ~,_ ._ ...... _....... _r.._..__ ~..s ~rj,~, ,r,":., EXHIBIT A . 2008 PROJECT DESCRIPTION The 2008 Project consists of certain local public improvements including, without limitation, the following improvements to the Century Center: the addition of skylight safety film, the replacement of boilers and chillers, repairs on Island Park, the replacement of the fire alarm and security systems, the renovation of seven (7) restrooms, the renovation of C Hall, the replacement of the roofs, site lighting additions, exterior masonry work, and additional enhancements to the building, grounds and streetscape including, but not limited to, street level and river level interior and exterior signage, enhancement to the upper level offices, and enhancement to the front of building and viewing park and related improvements, and the acquisition of an interest in certain improvements previously financed with the issuance of the St. Joseph County, Indiana Special Tax Bonds of 1992, which were previously refunded with the issuance of the St. Joseph County, Indiana Special Tax Bonds of 1998. F~I~d ~n ~-~~'~'~ p~~ce ~ AY 2 1 2008 BDDB01 5233044v2 B-1 ABONMARCHE Confidence By Design ENGINEERS ARCHITECTS PLANNERS SURVEYORS 750 Lincoln Way East South Bend, IN 46601 T. 574-232-8700 F. 574-251-4440 www.abonmarche.com FORT WAYNE, IN BEMON HARBOR, MI MANISTEE, MI SOUTH HAVEN, MI April 23, 2008 _~~ ~, ~~ ~ ~ ~ ~ _ ~ ~ ..~~..._ Area Board of Zoning Appeals City of South Bend County-City Building 125 South Lafayette Boulevard. Suite 100 South Bend, Indiana 46601 RE : Special Exception Request to Allow a Trailer to be used as a Temporary Sales Office Crescent Oaks, Section One (Proposed) (as shown on the attached Exhibit "A") Petitioner: Tampico Developments, L.L.C. 828 East Jefferson Boulevard South Bend, IN 46617 Phone: (574) 234-7373 Members of the Board: We are requesting a special exception to allow a temporary sales office to be located within a trailer placed upon proposed Lot 2 within the proposed Crescent Oaks, Section One subdivision. See attached Exhibit "A". The reason for requesting this special exception is to allow for a trailer to be used as a sales office until a model home is constructed upon proposed Lot 1 within the development. It is estimated that the trailer will function as the sales office for four to six months, which is approximately when a model home on proposed Lot 1 will begin to be used for this purpose. . Per Section 21-02.11.(b).(2).(B) of the City Zoning Ordinance, a freestanding sales office is only permitted as a special exception temporary use. The sales office shall comply with development standards (A) and (E) for temporary construction trailers or sales offices as listed under Section 21-02.11.(b).(5) of the Zoning Ordinance. These standards require the installation of under-skirting around the entire perimeter of the trailer and that the trailer will only serve as a sales office for the proposed lots within Crescent Oaks. However, per development standard (B) under Section 21.02.11.(b).(5), the trailer is to be located on an approved lof as shown on the primary plat. The primary plat and overall layout for this development has been modified since it was originally approved. Therefore, we are proposing to locate the trailer within proposed Lot 2 of the modified subdivision layout. r ABONMARCHE April 2008 Special Exception to Allow for a Sales Trailer within Crescent Oaks (Proposed) Penn Township City of South Bend Indiana -- It is understood that the above special exception request meets the following standards: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Approving this special exception will not be injurious to the public health, safety, comfort, morals, and convenience or general welfare of the community since a trailer will be used as a temporary sales office only for a short period of time. Also, a sales office will not generate a large amount of traffic. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Land uses surrounding proposed Lot 2 within Crescent Oaks include agricultural and one single family residence to the north, agricultural to the east which is proposed as a future section of Crescent Oaks, a church and single-family residential to the south, and television and/or radio broadcasting uses and one single-family residence to the west. Locating a sales trailer within this development will not negatively affect these adjacent uses and value since it is a temporary use. Also, homes developed within this subdivision will be comparable to the home values surrounding the site. (3) The proposed use will be consistent with the. character of the district in which it is located and the land uses authorized therein. The use of the sales trailer is consistent with proposed single family development and the rural and low density residential character of the area. Also, this proposed use upon proposed Lot 2 is only temporary and will be replaced with a single-family residence once a model home is construction upon proposed Lot 1. (4) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Two of the housing objectives within the City Plan include ensuring that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households and promoting homeownership within the city limits. Allowing a temporary sales trailer to be located within this newly proposed residential subdivision will make the development more marketable since all home; lot and development information can be kept on site during the construction process. This increased marketability will assist in selling the lots more quickly and in effect increasing the population and residential tax base of the City. Engineers Architects Planners Surveyors ABONMARCHE April 2008 Special Exception to Allow for a Sales Trailer within Crescent Oaks (Proposed) Penn Township City of South Bend Indiana The property is zoned "SF1"Single Family and Two Family Residential District in Penn Township, City of South Bend. This petition is being submitted by Abonmarche Consultants, Inc., 750 Lincoln Way East, South Bend, Indiana, 46601, on behalf of the Tampico Developments, L.L.C. The contact person is Derek J. Spier, AICP, with Abonmarche Consultants, L.L.C. at (574] 232-8700. We respectfully request your approval of the above requested special exception. Thank you for your time and assistance in this matter. Sincerely, ABONMARCHE CONSULTANTS, L.L.C `~~. ~ . ~ti Derek J. Spier, AICP Planner Enclosures F\Projecfs\M7-0784\Special Use for Sales Trailer variance forsales trailerrequestdoc Engineers Architects Planners Surveyors RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED SOUTH OF 60150 IRONWOOD DRIVE, SOUTH BEND, INDIANA 46614 WHEREAS; Indiana Code Section 36-7-4-918.6, required the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes it recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located south of 60150 Ironwood Drive, also being proposed Lot 2 in the proposed Crescent Oaks, Section One Subdivision, in order to allow a temporary sales office to be located within a trailer. The property is zoned "SF1" Single Family and Two Family Residential District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner: 3. The need for the special exception arises from the specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute •an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend, SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Boazd of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. 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Izz.ss m sz] P-+ 141035 `SlC °•`»$'~ m m M1W,,}}~~ .:S~,r. ~l ~' PL OVTLOi B_ q 0509.NaTe 3 C' ~ 2.90 • p o b y -lpl ~_ 1(~ 9L JV9EPN COUNTY n° 0a 0.02 n E.~ ~ M 0 '94 (,'._ ~ fi WAY fi So91e~ I° • 100' ~ I KILLING70N 100.91 l IfA t'-"~' ~ [1~1 ~1:~. o ' 9-32E ~:~ .y v~: --- X?tr ' O `R`T ~.~~''- ~ N ,~z, r: ,y,.;, is ro;-~T,~ 0 ~x~-«~r `~ A~I~ ~~r Z °~ Z} CRESCENT OAKS ' ~(2oPOSbp SV(3p1/ISto.J ~ '~ SECTION ONE __ PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA ~ ~40 114 114 fi0 60 60 -60 60 60 60 I I 3 ~ 4 NJ N 6 N 7 N B N 9 N iD N 11 N I r~}Qr Gy~il M~~ LotATiun~ GI= ~~'x3~.' ;CmFbr~~ $!}LE$ 6FF~Gh -((../.LI LER SCALE 9"=100' 2 122' zs SE71' m 1 m 106' W r1L4 o W o Br~sIIJ o sT~r ~ Z ~ ~ 108 T ~'f.GHA~S (1JE.N~E B4' 62~ 60' 62' 60' 62~ 60' ~' ~ 1 B N 17 N 16 N 15 r+ 14 N 13 N 12 r+ g4' 62' 60' 62' 60' 62' 60' in 19 N 20 N 21 N 22 N 23 N 24 N 25 N . 84' 6 60' 62' 60' 62' 60' ~l l ?3S CPtl~ftl._ CivOLE`lAF~ 66 65 65 62 62 65 RETENTION AREA ~ r°.,I 31 °n 30 °n 29 n 28 °n 27 °n 26 ~I THIS DRAWING DEPICTS THE SCHEMATIC LAYOUT OF LOTS. FOR ACTUAL DIMENSIONS SEE LEGAL SURVEYS AND FlNAL PLAT ~rorWht zone ABONMARCHE CONSULTANTS, LLC.I South Bmd. Indimo 4fi601 1sT SOURCE BANK TRUSTEE OF REGINA M. RESNIK 1994 RESTATED GST REVOCABLE TRUST 17399 JACKSON ROAD SOUTH BEND, IN 46614 14-1034-0586.48 ALWAY DEVELOPMENT CORP 61679 BROMPTON ROAD SOUTH BEND, IN 46614 26-1035-0590.98 ROBERT BRIAN & ANDRIA J BARBER 17933 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.50 KEVIN & NANCY BIKOWSKI W/ STEPHANIE M PASMAN 17560 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6257 DAVID E. & BARBARA A. BUCKLEY 17715 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6235;14-1167-6237 RONALD R & PATRICIA E. CAMPBELL 17758 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.61 PAUL M. & MARI A. CHAMBERLIN 17781 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6230 ALWAY DEVELOPMENT CORP. 61679 BROMPTON ROAD SOUTH BEND, IN 46614 26-1035-0591;26-1035-0590.99 26-1035-0591.01; 26-1035-0590.82 26-1035-0590.87; 26-1035-0590.89 LANCE M. ANDERSON & KAREN L. PALMER 17774 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6269 EARL R & RUTH ANN BAUMGARDNER 17798 BROMLEY CHASE SOUTH BEND, IN 46614 14-1167-6271 KEVIN & NANCY BIKOWSKI 17580 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6259 TONYA R BULGER & RICHARD E. BROOKS 2427 CRANSTON STREET SOUTH BEND, IN 46614 26-1035-0589.68 DOMINIC CARPENTER 17882 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.67 SILIXATH & SENDY CHANTHANONGSY 2427 CHESIItE DRIVE SOUTH BEND, IN 46614 26-1035-0589.82 CHRISTOPHER T. COMBS & HEATHER RONALD J. & RHONDA A. COSNER M. MAZEIKA 17913 BROMLEY CHASE 2427 HARWOOD STREET SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 14-1035-0590.51 26-1035-0589.49 RANDALL R & NANCY L. FISH 17851 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.54 ALEXANDER J. & MIRANDA J. FISHER 17820 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6275 ALWAY DEVELOPMENT CORP. 61679 BROMPTON ROAD SOUTH BEND, IN 46614 26-1035-0590.92; 26-1035-0590.93 26-1035-0590.94; 26-1035-0590.95 26-1035-0590.96; 26-1035-0590.97 ROBERT BAGLEY & MARY M. V10JTYSIAK-BAGLEY 17655 EAST JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6245 SANEL BIBEROVIC 2420 HARWOOD STREET SOUTH BEND, IN 46614 26-1035-0589.84 NICHOLAS J. BRADY REV. TRUST 17833 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.55 RAYMOND E. & JUDITH A. BUZALSKI 17834 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.65 BRENT M. & BETH ANN CHAMBERLIN 17934 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.68 JOSEPH A. CIRA JR REV. TRUST 17778 BROMLEY CHASE SOUTH-BEND, IN 46614 14-1035-0590.62 TRACY A. & DONNA KAY FAUDREE 17813 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.56 JON ALLEN & TRACEY LYNNE FOUST 17810 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6273 SHANE A. & KARYN JAYS ERIC S. GAUL & JENNIFER JARZE- DEAN A. & TRUDY A. HIlVIELICK GALLOWAY - GAiJL 2819 RED FAWN COURT ° 17773 BROMLEY CHASE 17555 JACKSON ROAD SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 26-1035-0590.88 14-1035-0590.58 14-1167-6250 KENT & JAMIE M HODGSON JAMES A. HOERSTMAN 2418 CRANSTON STREET 17746 HARTMAN STREET SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 26-1035-0589.58 14-1167-6265 RUSSELL & MARY HUTCHINS KEVIN C. & DIANE J. IRVIN 17636 HARTMAN STREET 17852 BROMLEY CHASE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 14-1167-6261 14-1035-0590.66 BRIAN K. & KELLY L. JESSWEIN WORALAK KALYAWONGSA 17714 HARTMAN STREET .60284 U.S. 31 SOUTH SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 14-1167-6263 26-1035-0589.01 JOHN C. & NANCY J. KINNER KEVIN J. KOSZEGI 17891 BROMLEY CHASE 2426 CRANSTON STREET SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 14-1035-0590.52 26-1035-0589.57 TERENCE R & KATHERINE M. LEWIS C. LADERER TRUSTEE KUBIAK 2810 RED FAWN COURT 17583 JACKSON ROAD SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 26-1035-0590.84 14-1167-6247 CHAD & KRISTEN MAIN EDWARD J. & DOROTHY A. 5220 ESSINGTON STREET MROCZEK SOUTH BEND, IN 46614 17760 BROMLEY CHASE 26-1035-0589.54 SOUTH BEND, IN 46614 14-1035-0590.60 GRANT F. JR & DIANE S. NEELY EUGENE B. NEMETH & BEVERLY 2713 RED FAWN COURT RODGERS-NEMETH SOUTH BEND, IN 46614 17814 BROMLEY CHASE 26-1035-0590.91 SOUTH BEND, IN 46614 14-1035-0590.64 JEFFREY T. & CHARLOTTE ~~y LEE RADTKE POLANSKEY 17667 JACKSON ROAD 17767 JACKSON ROAD SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 14-1167-6320 14-1167-6231;14-1167-6232 _ MICHAEL A. & NANCY L. ROSETTO 2428 HARWOOD STREET SOUTH BEND, IN 46614 26-1035-0589.83 KENT R ROWE SR 2716 RED FAWN COURT SOUTH BEND, IN 46614 26-1035-0590.83 PATRICK M. SEESE r : 513.6 ESSINGTON STREET ` SOUTH BEND, IN 46614 26-1035-0589.52 DANIEL & TRACY SKIBINS 17753 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.59 LAURA M. HORVATH 17760 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6267 JOHN JASKOWSKI 2420 CHESIRE DRIVE SOUTH BEND, IN 46614 26-1035-0589.70 GAYLE S. KEPPY & LARRY L. JENNINGS 17535 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6254 NICHOLAS S. KRUGER & PAMELA M. WASIELEWSKI 5212 ESSINGTON STREET SOUTH BEND, IN 46614 26-1035-0589.53 DUANE P. & ANNE M. LEWANDOWSKI 17536 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6255 NATIONAL ORGANIZATION OF THE NEW APOSTOLIC CHURCH 3753 NORTH TROY STREET CHICAGO, IL 60618 26-1035-0590.17 LOUANNE OSBORNE P.O. BOX 2632 SOUTH BEND, IN 46680 14-1035-0590.63 RELATIVE REAL ESTATE LTD. PTSP. P.O. BOX 297 BRISTOL, CT 06010 26-1035-0589 LEE M. SALMONSEN 5128 ESSINGTON STREET SOUTH BEND, IN 46614 26-1035-0589.51 JOHN M. & BUFFY SNIADECKI 2721 RED FAWN COURT ~ , , i , SOiTTH~BEND, IN 46614 26-1035-0590.90 MICHAEL E. & JENNIFER SNIADECKI ST. JOSEPH COUNTY 4-H FAIR INC 17675 JACKSON ROAD 5117 SOUTH IlZONWOOD ROAD SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 14-1167-6239 23-1034-1725;23-1034-1720 BLAISE N. & TRISHIA A. SURANYI 2434 CRANSTON STREET SOUTH BEND, IN 46614- 26-1035-0589.56 SEAN A. TALKINGTON 2348 CRANSTON STREET SOUTH BEND, IN 46614 26-1035-0589.60 DONALD S. & DIANE E. TOROK 17828 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6277 KURT L. & MARY B. WARNER 17871 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.53 ROLLIN J. & CYNTHIA WINDBIGLER 2411 CRANSTON STREET SOUTH BEND, IN 46614 26-1035-0589.66 F:~Projects~ivl7-0784~.Special Use for Sales Trailer\190 Tax Key Listdoc ,< RICHARD A. & ALICE TRUBEY 17755 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6233 SHAUN WATTERSON 2419 CHESIRE DRIVE SOUTH BEND, IN 46614 26-1035-0589.81 WSBT INC. 300 WEST JEFFERSON BOULEVARD SOUTH BEND, IN 46601 23-1034-1726 AMY M. STEKETEE 2428 CHESIItE DRIVE SOUTH BEND, IN 46614 26-1035-0589.69 TAMPICO DEVELOPMENTS, L.L.C, 828 EAST JEFFERSON BOULEVARD SOUTH BEND, IN 46617 26-1035-0589.55; 26-1035-0589.67 KENNETH L. & C. ANN VOTH 2410 CRANSTON STREET SOUTH BEND, IN 46614 26-1035-0589.59 RUSTY L. WAYBRANT 5120 ESSINGTON SOUTH BEND, IN 46614 26-1035-0589.50 ERIC & ANTTA YOUTS 17793 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.57 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 May 16, 2008 The Honorable Conunon Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Tampico Development BZA 5/15/08 Dear Council Members: The above referenced petition of Tampico Development was legally advertised on May 1, 2008. The Board of Zoning Appeals gave it a public hearing on May 15, 2008,at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Mr. Sassano and unanimously carved, the petition for Special Exception of Tampico Development for the temporary location of a trailer for a sales office, on property located on Lot 2 of the proposed Crescent Oaks Subdivision, zoned "SF1" is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals endpoints considered in arriving at the above decision as shown in the Mimites of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. .Sincerely, ~.. :.~~~~,~ Charles C. Bulot Building Commissioner CCB/cah TA1\•IYICO DEVELOPMENT (temp. mobile office) SPEC'lAL E1CE1'"1-ION PUP.SUANT 31-09.. (D) BOARD OF "CONING APPL-ALS CITI. OF SOLiTl-1 BL'ND, INDIANA FINDINGS OF FACT 1- Ti-I L- PP.OI'OSED L.'SE S'`'ILL NOT BE INJURIOUS TO THE PUBLIC HEALTH. SAFETY, COMFORT, CONI~•IUNITI' MORAL STANDARDS. CONVENIENCE OR GENERAL WELFARE BECAUSE: u De~~elopment and use as presented will comply with all building, fire safety,~traffic. and parl.ing regulations as to not L~einu i»jurious to the public health. safety, morals. and general welfare of the community. _. "1"]-1 L- PP.OPOSED L'SE WILL NOT INJURE- OR ADVL-P.SELY AFFECT TI-IE USE OF THE AD.IACENT AREA OP. 1'P~OPEI2"f l' VALUE-S T1-IL-REIN BECAUSE: The ~•arim~ce or use shall improve the appearance of the neighborhood and will not devalue the sun-ounding properties. ;. THE PP.UPOSL-D C'SE \\'1LL BL- CONSISTENT WITH THE CHARACTER OF TI-IE DISTRICT 1N VJI-IICH IT ]S LOCATED AND TI-I L- LAND L1SL-S .AUTI-IOP.IZL-D TilEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance. which creates a different condition for this property. 4. TI-IE PP.OPOSED USE IS COMPATIBLE WITI-1 THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COaIPREt1ENSIi E PL-~I1V BECAUSE-: - It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating Ti-om its intent. CONDITIONS OR P.EVISIONS: DECISION IT IS THEREFOP.E tlze•decision of the Board that this request for Special Exception shall Ue passed onto the City of South Bend Common Council ~~•ith a: FAVORABLE RECOMMENDATION .ADOPTED this 1 NTH Dav of 1\4.AY. 2008 1"ES NO ® RICH.AP.D I:ILBASE ABSENT CHRISTOPH HOFFMAN ® DAVID SASSANO ® MAURICE HOBAN ABSEl`TT L-LOND.A t\'ILDER-HAMILTON ~- RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1101 South Michigan Street (Southwest corner of Garst and South Michigan Streets) South Bend, IN 46601 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and -- WHEREAS, the South Bend Board of Zoning Appeals has made a~ recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1101 South Michigan Street (Southwest corner of Garst and South Michigan Streets) South Bend, IN 46601 in order to permit Commercial Parking Lot to serve the off-site location at 121 Garst Street. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on. file in the Office of the City Clerk. SECTION IIL The Common Council of the City ofSouth-Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2, The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION N. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. l ~ wJ~j~ ~;~ 1 t~~~~w,e., t Member of the Common Council ~'RESE~:TEp h~OT APP~O~'Ef) ADOPTED ~!!~d !~ ~l~~l~'~ ~-f~s~~ ~• ~ APR 2 3 2008 JQHt~ `dDCREtE CfTY CL£FK, SQ. FEbtD, IPl. 3GARD OF ZONING APPEALS • OF ~'HE CITY OF SOUTH BEND PETITION REAL SERVICES, Inc. AppLICANT'S NAME_ 1151 South Michigan Street ADDRE S S PHONE 574/233.8205 ADDRESS OF PROPERTY MII Mixed Use District PRESENT ZONING OF PROPERTY REAL SERVICES, Inc. OWNER ` S NAME 1151 South Michigan Street, South Bend, IN ADDRE S S William R. Lainie COUNSEL OR CONSULTANT 922 East Wayne Street, South Bend, IN ADDRESS _ NATURE OF~APPEAL, VARIANCE, OR SPECIAL EXCEPTION: PHONE 46601 574/233•.8205 PHONE 46617 574/288.6626 Seeking a Special Exception Use•- for commercial parking lot to serve the off-site location at 1.21 Garst Street. Seeki~n a Variance - from the re uired erimeter and arkin 1 ndsca in as indicated. • Seeking a Variance _ from the re uired twent 20 feet setback for parking areas along Michigan. and Garst Streets td zero (0) feet. I attest under the penalties for perjury, that the foregoing representations are true. 1101 South Michigan Street . , ,: . ., i' REAL Services, Inc. 1151 South Michigan Street South Bend, IN 46601 April 23, 2008 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 South Lafayette Boulevard Suite 100 South Bend, IN 46601 RE: REAL Services, Inc. SPECIAL EXCEPTION USE and VARIANCE Request The undersigned appellant respectfully shows the Board: I, Rebecca Zaseck, am the President and C.E.O. of REAL Services, Inc., the owner of the following described real estate located within the City of South Bend, Portage Township, St. Joseph County, State of Indiana, to-wit: Lot 9 and 1/2 Vacated Alley, Original Plat of South Bend 1101 South Michigan Street, South Bend, Indiana Property Key: 18-8003-0150 2. Appellant wishes to develop said property for off-site commercial parking use to provide parking for both their Meals on Wheels staff and volunteers. Maximum utilization of the site is necessary to provide a minimum total of (29) total spaces. In 2007, the Meals on Wheels and Nutrition Programs prepared and delivered 235,000 meals and served 4,400 elderly and disatiled.Hoosiers in five counties of northern Indiana. 3. Standards for Variance I.C. 36-7-4-918.4: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; the vacant/underutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. ii The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; the vacant underutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. iii The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and the vacant/underutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. iv The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Located on the Michigan Street Gateway and on the south edge of the Central Development Area, the vacantlunderutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. Re ecca aseck, Presi ent/ C.E.O. REAL Se 'ces, Inc. PROPERTY OWNERS WITHIN 300' OF KEY #18-8003-0150 18-8001-003301 18-8001-004701 18-8001-0033 18-8001-0034 18-8001-0035 WHITE CATHERINE D % EDWARD J WHITE INC 1011 S Michigan St South Bend IN 46601 18-8003-0152 18-8003-0150 18-8003-0156 18-8003-0154 18-8001-0036 REAL SERVICES HOUSING INC ATT: LESTER FOX 1151 S Michigan Snnth Rents IN 46601 18-8003-0145 18-8003-0139 18-8003-0151 GORNY JOSEPH A AND GERALDINE L 58263 Pear Rd South Bend IN 46619 18-8003-0132 3-G PROPERTIES 1111 S Main St South Bend IN 46601 18-7003-0112 IVY TECH STATE COLLEGE One W 26th St Po Box 1763 Indianapolis IN 46206 18-8001-0024 1011 LLC 2903 York South Bend'IN 46614 18-8001-0048 WHITE RICHARD E & RUTH H BOUTELLE 1011 S Michigan St South Bend IN 46601 18-8001-004901 FRICK LLC 3907 S Michigan C.,,,+h Ronrl TN dFFia 18-8001-0046 URBAN ENTERPRISE ASSOC OF SOUTH BEND INC 1200 County-City Bldg c,,,,+h RP„~ rnr ar,Fm 18-7003-010202 ST JOSEPH COUNTY 7th Fl County City Building c,,,,+~, Rona ni a~rnt Portage Twp 18-8001-0036 18-80.Q3-0:1-50' 18-8003-0152 18-8003-0153 18-8003-0154 Informallon shown on lhls map is not warranted fur accuracy or merchantability- Reproduction of This malarial is not possible without written permission of St. Joseph County, Indiana. .- ~~~~ ~; 1 rte; (yr~~ ,_~'~ ~~- ~~~# to J y [" {~'1 1 t '!~ ," _ -Y ~ i .d t r __ _ l.. _ r _ _ : i 1 ^.. ~ _.-.._ C... .'_.... _ ... , .... - ~~ N PdnleG April i B, 2008 Pholography:Spring 2006 Prepared by: Raylene Sluglik W ESI. Joseph County Auditors Office 227 W. Jefferson Blvd. South Bend, Indiana 46601 S Phone: (574)235-9463 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fax: (574) 235-5541 May 16, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Lzdiana 46601 RE: Petition for Special Exception for Real Services, Inc. BZA 5/15/08 Dear Council Members: The above referenced petition of Real Services, Inc. was legally advertised on May 1, 2008. The -Board of Zoning Appeals gave it a public hearing on May 15, 2008, at which time the following action .. 'was taken: • . .. ........ .., , , ....... :. _ .... . Upon a motion by Mr. Sassano Ueing seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception of Real Services, Inc. for off site parking, on property located at 1101 S. Michigan Street, zoned "Mixed Use" is sent to the Common Council with a Favorable Recommendation. .The;deliberations of the Board of ~oning,Appeals ,and points, considered in arriving at the above .decision as shown in the Minutes of the_ Public Hearing, and will be forwarded to you at a later date, to be made part of this report. REAL SERVICES (1 1 U 1 S. N[ichigan) SPECIAL L-XCEI'TION PURSUANT ? ]-09.3(D) BOARD OF ZONING APPEALS C1'I'~' OF SUU'I'1-I BEND, INDIANA F1NDiNGS OF FACT 1. TI-lE ]'P.OI'OSED L'S'E \\'ILL NOT BE INJURIOUS TO TI-IE PUBLIC HEALTH. SAFETY'. COMFOP~T. COl\'!i\'fUN]Tl' 1\1URAL STANDARDS. CONVENIENCE- OR GL-NERAL WELFARE BECAUSE: De~~rlohment and rise as presented ~~~ill comply with all huilding, fire safety, traffic, and parking re~_ulatiorts as to not Ueine injurious to the puUlic health. safety. morals. and general welfare of the community. ''. 7-]-lE PP.OPUSED L'S'E \\'il_L N07- ]N.1t1RL- OR ADVERSELY AFFECT THE USE OF THE ADJACENT :ARE-A C)R 1'RO]'L=RTI' VALUES -I'1-IER131N BL=C'.1USE: The ~•ariance or use shall improve the appearance of the nei_hUorhood and will not devahte the sun-oundin~ properties. ' :. TI-IE PROPOS1rD USE \VILL BL- CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOC'A"rL-D .AND THE LP.ND USES AUTI-IORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, ~a~hich creates a different condition for this property. ~. TI-I L- PP~OPOSED USE- IS COMPATIBLE VJITFI THE- RECOMMENDATIONS OF THE CITE' OF SOUTH BEi~'D COsIlPREHE~\'S/I'E PL.-81~~ BL-CAUSE-: It is the feelin~~ of the Board that the variance is Ulending into the overall Comprehensive Plan and is not deviatin_ ti-om its intent. CONDITIONS OR RE\-'IS10NS: DECISION IT IS TI-IL-P.L-FORE the decision of the Board that this request i'or Special L-xception shall Ue passed onto the City of South Bend Common Council with a: FA~'OIL=~I3LE RECO1\4MEI~'DATIOl~' ADOPTED this 1 NTH Day of MAl". 300S ~'E5 NO ® RICH=\RD I:ILBASE ABSENT CHRISTOPH HOFFNI:~.N ABSENT DA\f!D SASSANO NIAURICE HOBAN L-LONDA \~~ILDL-R-HAMILTON RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 121 Garst Street South Bend, IN 46601 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THERE)~'ORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 121 Garst Street South Bend, IN 46601 in order to permit Special Exception Use for Food Sales and Service SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. l ~ nn.~..~~``~-`~ t~ ~~-'~c~ser l 1,4~ Member of the Common Council %~ ` PRESENTED NOT APPROVEED ADOPTED ~i1ed nn Clerk's (3'~ace APR 2 3 2008 Jdt9N VSO R6 1aD,1~1. CITE CLERK, 3GY,rcD OF ZONING APPALS OF ~'i'HE CITY OF SOUTH BEND PETITION Ap pLICANT'S NAME REAL SERVICES, Inc. ADDRESS 1151 South Michigan Street ADDRESS OF PROPERTY 121 Garst Street PHONE 574/233.8205 PRE SENT ZONING OF PROPERTY OWNER'S NAME REAL .SERVICES, Inc. PHONE 574/233.8205 ADDRESS 1151 South Michigan Street, South Bend TN 46601 William R. Lamie PHONE 574/288.6626 COUNSEL OR CONSULTANT ADDRE S S 922 East Wayne. Street, South Bend, IN 46617 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Seeking a Special Exception Use.- for Food Sales and Services Seeking a Variance - from the required 5.5 parking spaces to a combination of 4 on-site and 29 off-site arkin s aces. Seeking a Variance - from the required front yard setback of thirty (30) feet to two 2 feet ei ht 8 in h Seeking a Variance - from the required perimeter and parking landscaping as indicated. Seeking a Variance from the required clear site area of twenty-five (25) feet away from the internnsection of Gar.st and Main Street ROW lines as indicatedr -~ -~V~ CS) tP'P~' Seeking a Variance - from the required twenty-five (25) feet front yard for parking along Garst Street to three (3).feet_five (5) inches. I attest under ,the penalties for perjury, that the foregoing representations a-re true. LI Light Industrial District REAL Services, Inc. 1151 South Michigan Street South Bend, IN 46601 April 23, 2008 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 South Lafayette Boulevard Suite 100 South Bend, IN 46601 RE: REAL Services, Inc. SPECIAL EXCEPTION USE and VARIANCE Request The undersigned appellant respectfully shows the Board: 1. I, Rebecca Zaseck, am the President and C.E:O. of REAL Services, Inc., the owner of the following described real estate located within the City of South Bend, Portage Township, St. Joseph County, State of Indiana, to-wit: Lot 5 as shown on recorded Plat of Studebaker Corridor 4th Minor Subdivision. 121 Garst Street, South Bend, Indiana Property Key: 18-8001-0036 2. Appellant wishes to reuse and renovate the existing vacant building into the new location for The Regional Kitchen for Independent Living (Meals on Wheels). The existing site and building were developed iri 1996 as "D" Light Industnal, and would -not meet the Development Standards of the current "LI" Light Industrial. : Planned new improvements for a new south-facing vestibule entry and a corner monument sign facing Garst and Main Streets, will be constructed in the current existing locations of existing similar structures. Off-site parking will allow the necessary parking for both the staff and volunteers. Existing off-street parking (4-spaces) will remain as originally constructed. In 2007, the Meals on Wheels and Nutrition Programs prepared and delivered 235,000 meals and served 4,400 elderly and disabled Hoosiers in five counties of northern Indiana. 3. Standards for Variance I.C. 36-7-.4-918.4: i The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; the building renovation will allow a food service program to continue to serve the under served. ii The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; the vacant/underutilized site will be renovated into a food service facility that will be compatible with the surrounding area. iii The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and the vacantlunderutilized site will be renovated into a food service facility that will be compatible with the surrounding area. iv The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Located near the Michigan Street Gateway and on the south edge of the Central Development Area, the vacant underutilized site will be renovated into a food service facility that will be compatible with the surrounding area. Reb ca Zas Eck, Presi nt/ C.E.O. REAL Servic s, Inc. PROPERTY OWNERS WITHIN 300' OF KEY # 18-8001-0036 18-8001-003301 18-8001-004701 18-8001-0034 18-8001-0035 CATHERINE D % EDWARD J WHITE INC 1011 S Michigan St South Bend IN 46601 18-8001-0044 18-8001-0049 1.8-8001-0045 URBAN ENTERPRISE ASSOC OF SOUTH BEND INC 1200 County-City Bldg. South Bend IN 46601 18-8003-0152 REAL SERVICES HOUSING INC ATT: LESTER FOX 1151 S Michigan South Bend IN 46601 18-8003-0145 18-8003-0139 18-8003-0151 GORNY JOSEPH A AND GERALDINE.L 58263 Pear Rd Rmrth Rend TN 46619 18-8003-0119 M&K ASSOC PO Box 1505 Snnth Rend IN 46634 18-8003-0128 18-8003-0132 18-8003-0134 3-G PROPERTIES 1111 S Main St South Bend IN 46601 18-8003-0147 SOUTH BEND FIREFIGHTERS FEDERAL CREDIT U 1122 S Main St South Bend IN 46601 18-8003=0150 REAL SERVICES HOUSING INC P.O. Box 18351 South Bend IN 46634 18-8001-0021 18-8001-0017 RICHARD BOOCHER 2425 W Western Av Rmrth Rend 1N 46619 18-8001-0024 1011 LLC 2903 York South Bend IN 46614 18-8001-001701 KAR LLC Po Box 935 Cnnth Rend TN 46624 18-8001-0048 WHITE RICHARD E & RUTH H BOUTELLE 1011 S Michigan St Cnnth Rend TN 46601 18-8001-0036 REAL SERVICES INC 1024 S Main S South Bend IN 46601 18-8001-004901 FRICK LLC 3907 S Michigan South Bend IN 46614 18-7003-010202 ST JOSEPH COUNTY 7th FI County City Building South Bend IN 46601 18-8001-0031 ARCHIVE SERVICES L L C P O Box 4221 South Bend IN 46634 18-8001-0010 MCCUNE JAMES & SANDRA 2421 Bay Pointe Dr Saint Joseph MI 49085 Portage Twp ~'8=8001=0036 18-8003-0150 18-8003-0152 18-8003-0153 18-8003-0154 G~M,fAlfiSlph,f.1s '.. ati+ \\lt~// o o s, u 4 _ o m 6 l 1~` ~ ~C Information shown on this map Is not warranted for accuracy or merchantability. Reproduction of this material is not possible without wdllen permission of Sl. Joseph County, Indiana. ( .d i ~'~' i ~51:a .1 ~ ~ ~ _~~ sou. wf _ _~ t-~ni}~ r~ ~ i . ~ _ t '~t 1 1~ ~ l.'r _.l... ~ ~ r _. `.~:t - ', ;~ _ ~.~ - _ J, ~ I ~_ _ ~ ./.. ._ Vl:~ _ jQ Pdnled April 18, 2008 Photography:Spring 2006 Prepared by: Raylene Sluglik W E Sl. Joseph County Audilofs Office 227 W. Jefferson Blvd. South Bend, Indiana 46601 Phone: (574)235-9463 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574} 235-9554 Fnx: (574) 235-5541 May 16, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Real Services, Inc. BZA 5/15/08 Dear Council Members: The above referenced petition of Real Services, Inc. was legally advertised on May 1, 2008. The Board of Zoning Appeals gave it a public hearing on May 15, 2008, at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception of Real Services, Inc. for food sales and service in a "LI" Light Industrial district, on property located at 121 Garst Street, zoned "Mixed Use" is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincere ~" Charles C. Belot Interim Building Commissioner CCB/cah 12E-4L SERVICES (137 Garst) SPECIAL L-XCL-PT]ON ]'URSUAN7 2]-09.3(D) BOARD OF LOVING APPL-ALS C'll-l' 01= SOt1TH BEND. INDIANA FINDINGS OF FACT 1 . "fl-lE PROPOSED C'SL- \\'1LL NUT BE TNJUP.IOUS TO THE PUBLIC HEALTH. SAFETY'. COMFORT. COI`'1NILJNITI' NIOP.AL STr\NDARDS. CONVENIL-NCE OR GENERAL WELFARE BECAUSE: Deg elopment and use as presented ~a•ill comply with all Uuilding, fire safety. traffic, and parking regulations as to not heinc injurious to the puhlic health, safety. morals. and general welfare of the community. ~. TI-1 L- PROPOSED USE \\'ILL NOT TNJURL- OR ADVERSELY AFFECT THE L1SE OF THE ADJACENT ,AP.EA OPT PROPL-P~Tl" VALUES TI-1L-RE-IN BECAUSE: The variance or use shall improve the appearance of the neighUorhood and will not devalue the sut-roundine properties. =. THL- PROPOSED L/SE \\'ILL BE CONSISTENT WITH THE CI-IARACTER OF THE DISTRICT IN WHICH IT 15 LOCATED AND THL- LAND USES .AUTI-IOP.IZED TI-IEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. "1-I-1L 1'P.OPOSED L1SE IS C'01"IPATIBLL- WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BL-ND C'OAIPREHEA'SIf'E PL.-1i\' BL-CALISL-: It is the feeling of the Board that the variance is Ulending into the overall Comprehensive Plan and is not deviatin~_ ti-om its intent. CONDITIONS OR RE-\%ISIONS: DECISION IT 1S THEREFOP.E the decision of tl~e Boat-d that this request for Special Exception shall Ue passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 1 NTH Dav of MAl'. 2005 l"E-S NO ® P~ICHARD KILBASE ABSL-NT CHRISTOPH HOFFNIAN ® DAVID SASSANO ® MAURICE HOBAN ABSEI~'T ELONDA \VILDER-I-I,AMILTON ~~ /ranch, /-/arner ~ ~I ssociates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners Honorable Members of the City of April 21, 2008 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for the City of South Bend for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana: Dear Council Members: t Our clients are requesting the approval of a Special Exception for their property located in the 900 Block of Oliver Plow Court, South Bend, Indiana. This Special Exception will allow the petitioner to increase the amount of area of their property that can be used for outside storage. Our clients believe that the approval of the proposed Special Exception will fit with the existing industrial uses in this portion of the Oliver Plow Industrial Park. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, { ~; t. F File # 080146 Md. "C" ~~~~d In C~~r~~~ ~#fid~e ' - APR 2 2 2008 JOyN VOORDE 1643 Commerce Drive South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 o~~ 5741234-4003 . 8001594-4003 . F~ 5741234-4119 0~~ 2691471-3010 . F~ 2691471-7237 Yresiaent Danch, Harner & Associates, Inc. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT (900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 36-7-4-918.6,: requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and_ WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for an outside storage area of 188,000 square feet (i.e. 4.32 ac.) which exceeds the maximum allowed outside storage area of 140,917 square feet (i.e. 50% of the proposed lot property area of approximately 6.47 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby fords that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council ~ r ;:ESEyl'ED NOT APPRO`~`Eri Fil d ~fl:r~~'~ ®ffi~c® ApR 2 ~ 2ooa JGlstl ~d~Q~II}E CITY GR%_:~`~,. SQ. a;.flt<._... +~ ADOPTEq ~ BOARD OF ZONING APPEALS NO. NOTIFIED 20 APPEAL Applicant's Name: THE CITY OF SOUTH BEND 20 20 Phone 235-9371 Address: 12TH FLOOR COUNTY-CITY BUILDING 227 WEST JEFFERSON BLVD., SOUTH BEND, INDIANA 46601 Address of Property: THE 900 BLOCK OF OLIVER PLOW COURT SOUTH BEND, INDIANA 46601 Present Zoning of Property: "GT" GENERAL INDUSTRIAL DISTRICT Owner's Name: THE CITY OF SOUTH BEND Phone 235-9371 Address: 12TH FLOOR COUNTY-CITY BUILDING, 227 WEST JEFFERSON BLVD., SOUTH BEND, INDIANA 46601 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address; 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 46601 NATURE OF APPEAL: SPECIAL ERCEPTION REQUEST: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 188,000 square feet (i.e. 4.32 ac.) which exceeds the maximum allowed outside storage area of 140,917 square feet (i.e. 50~ of the proposed lot property area of approximately 6.47 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21- 04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, and the following Variance Requests: VARIANCE REQUESTS: PARCEL "A": FILED_ HEARING 1) . A. Variance from the requirement of providing a 100-foot wide Rear -- Residential Bufferyard and required perimeter landscaping of one (1) „.. :. 2 deciduous tree at a minimum spacing of 40 feet on-center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping; 2). A Variance from the requirement of providing a 100-foot wide Side Residential Bufferyard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Western property line to a 20 foot wide setback for a proposed storage area and a Type "B" landscaping containing a double row of evergreen trees as shown. The Petitioner is the owner of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "GI" General.Industrial District. The Petitioner has been the owner of the property for the last several years and is in the long-term process of developing the Petition site and the adjacent .properties into an Urban Industrial Park. This was the original site for the Oliver Plow Works. The City of South Bend acquired the property and cleaned up the site and paved Oliver Plow. Court as a Public Street access to the new industrial sites. The Rose Fuel Company came to this Park a few years back and presently has their facility just to the southeast of the Petition site. The City has been working with Underground Pipe and Value, Inc. to re-locate them from their present site south of Sample Street on the east side of Prairie Avenue to the property shown as Parcel "A" on the attached site plan. The Petition property contains approximately 6.47 acres of area, and is sized for the Underground Pipe & Valve new facility and outside storage area. As shown, the new building will contain approximately 36,000 square foot of floor area and will include their corporate offices as well as their processing services. The remainder of the site will contain the parking area for employees and clients which is along the south and east side of the proposed new building. To the west and north of the building will be an outside storage area .for Underground Pipe and Valves inventory of salable merchandise. After discussions with the City Building Department staff, it was determined that in order to develop the site as shown, a Special Exception and a few Variances would be required to be approved. Even though the property has an Industrial classification, a Special Exception is required due to the amount of the property, which will be used for outside storage of inventory product. The City's Ordinances in the General Industrial District limit the outside storage to 50~ of the size of the property. As proposed, the outside storage exceeds that amount of area by approximately 47,000 square foot. Underground Pipe and Valve desires to remain in a downtown location, as they are centrally located to their clientele. The City also desires to keep Underground Pipe and Valve within the City limits, and as stated, close to their °~ clients. The City believes that this site works well for them; and the . ,. 3 proposed user. This also helps to develop the Urban Industrial Park, and may entice other Companies to this. centrally located Industrial Park. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow for additional outside storage as shown on the attached site plan, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare,. or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i). With regards to the Variance requests for Parcel "A", the first Variance the Petitioner is requesting, is from the requirement of providing a 100-foot wide Rear Residential Bufferyard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping. The entire north boundary of the Petition site is located along the Conrail Railroad right-of-way, which contains several sets of rails and has a width of approximately 160 feet. There is also a grade change between the Petition site and the railroad right-of-way. The tracks are higher than the site by approximately 10 feet. The Petitioner believes with the width of the right-of-way and the use being an active rail line, the required 100 ft. wide setback is not needed, nor is the requirement of providing landscaping along this portion of the property. The Petitioner would also state. that they own the ground located to the northwest of the Petition site and that it will be used as the main retention basin for the Industrial Park. The Petitioner, as part of the development of the Industrial Park, will be adding additional landscaping on portions of the basin area. They would hope that the Board Members agree that approval of this Variance request would not have an adverse impact on any surrounding property or their values. The last Variance request is from the requirement of providing a 100- foot wide Side Residential.Bufferyard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the .Western property line to a 20-foot wide setback for a proposed storage area and a Type "B" landscaping containing a double row of evergreen trees as shown. The Petitioner would state that as shown, they will be providing a 20' foot widesetback a-long-the west'botindary of the property along with a double row of evergreen trees. The properties to the west of the Petition site have a-Zoning classification of General Industrial, but there are a few homes located in this area. This portion of the Petition property also contains the main storm sewer line for the Industrial Park,. which transports surface runoff created on the Industrial Parks' lots to the retention basin shown to the northwest of the site. This limits the amount. of area that can be _used for landscaping containing-evergreen or deciduous trees. As'this gortion of the Petition-site is to be-used only for outside storage, the Petitioner ..., would hope that the Board Members agree that providing the 20 ft. buffer strip along with evergreen trees on this portion of the property would effectively screen the outside storage area from the closest home. With this proposed buffer, the Petitioners believe that approval of this variance would not be detrimental to the adjacent properties. The Petitioner believes that approval of the above Special Exception and Variances for this proposed use will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioner would ask the Board Members to agree that approval of the above described Special Exception and Variances will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contend that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and Special Exception are sought: that the need for the Variances and Special Exception arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the petition for the Variances and Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. 2 attest, under the penalties for perjury, that the foregoing representations are true. Michael J. Danch President Danch, Harner & Associates, Tnc. Property Owners Within 300 Feet City of South Bend Dept.of Rose Fuel & Materials Inc RAITT Corp. Redevelopment 918 Oliver Plow Ct 815 W Sample St 1200 County City Building South Bend, IN. 46601 South Bend, IN. 46601 South Bend, I N. 46601 Tax Key # 018 3061 235105 Tax Key # 018 3061 235103 Tax Kav # MR 3f1R1 ~3.r,1 City of South Bend. Dept.of Public Parks/City of South Housing Authority SB 531 S Chapin Bend 501 S Scott St South Bend, IN. 46601 301 S St.Louis Blvd South Bend, IN. 46601 Tax Key # 018 3058 2272 South Bend, IN. 46628. Tax Key # 018 3059 2304 Tax Kav # n 1 R Rn5R 7771 n 1 Iglesia Misionera Emmanuel Consolidated Rail Corporation New Jersey Ind 1024 Western Ave 1528 Walnut St 22nd Flr 110 Franklin Road S.E. South Bend, IN. 46619 Philadelphia, PA. 19102 Roanoke, VA. 24042 Tax Key # 018 3059 230701 Tax Key # 018 3059 2297 Tax Key # 018 3062 2357 Jeffrey Polanskey Mary M Rea Antonio & Terry Lopez 737 Sylvan Ln 544 Broadway St 1205 W Grace South Bend, IN. 46619 Niles, M1.49120 South Bend, IN. 46619 Tax Key # 018 3062 2370 Tax Key # 018 3062 2371 Tax Key # 018 3062 2378 Willie & Terence Smith ~ Abdon Aguilar & Maria Lopez Stanley Szostakowski 1317 Lismore Ln 1208 W Grace 1202 W Grace St Normal, IL. 61761 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3062 2379 Tax Key # 018 3062 2386 Tax Key # 018 3062 2387 Juan &Vincenta Vargas Juan &Vincenta Vargas Curtis & Patty Brown 1207 W Ford 1207 W Ford St P.O.Box 6043 South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46660 Tax Key # 018 3062 2394 Tax Key # 018 3062 2395 Tax Key # 018 3067 2546 Apolonio & Herculana Robledo Rene & Maria Pedraza Michael & Audrey Davis 1204 Ford St 711 S Arnold St 713 Arnold South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3067 2547 Tax Key # 018 3067 2548 Tax Key # 018 3067 2550 Jose Duran Jose & Margaret Duran Janet Ivacic 719 S Arnold 719 S Arnold 3019 S Michigan South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3067 2552 Tax Key # 018 3067 2553 Tax Key # 018 3067 2556 haul Fujawa Paul Fujawa Mary Ann Manuszak 1121 Grace St 1121 Grace St - ~ 1117 W Grace St ~'•~ South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 fax Key # 018 3059 2316 Tax Key # 018 3059 2317 Tax Key # 018 3059 2318 Citi Mortgage Inc Successor Citi Mortgage Inc Terrance Findley 1111 N Pointe Dr Bldg. 4 #100 1111 N Pointe Dr. Bldg. 4 # 100 1105 W Grace Coppell, Texas 75019 Coppell, TX. 75019 South Bend, IN. 46619 Tax Key # 018 3059 2319 Tax Key # 018 3059 2320 Tax Key # 018 3059 2321 Stanley & V Kro! Paul Fujawa Pablo Alvarez Jr. 1124 W Grace St 1122 Grace Street 1118 Grace St South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3059 2322 Tax Key # 018 3059 2323 Tax Key # 018 3059 2324 Patricia Meller Frank Niedbala City of South Bend Dept of City of South Bend Dept.of 1114 W Grace St Redevelopment Redevelopment South Bend, IN. 46619 1200 County City Building 1200 County City Building Tax Key # 018 3059 2325 South Bend, IN. 46601 South Bend, IN. 46601 Tax Kav # n1 R Rnr,9 ~A~R Tax Kav # n1R :~nr,A 7377 Domingo &Diocelina Orona Domingo &Diocelina Orona Jalyn Properties 614 S Arnold 614 S Arnold P.O.Box 4 South Bend, IN. 46619 South Bend, IN. 46619 Gary,IN. 46402 Tax Key # 018 3059 2329 Tax Key # 018 3059 2330 Tax Key # 018 3059 2331 REO Nationwide LLC Russ Affhalter Jr. 10445 Bobbie Ln 126 W.10th St Pilot Point, TX 76258 Mishawaka, IN. 46544 Tax Key# 018 3059 2332 Tax Key # 018 3059 2333 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 May 16, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Pefition for Special Exception for the City of South Bend BZA 5/15/08 Dear Council Members: The above referenced petition of the City of South Bend was legally advertised on May 1, 2008. The Board of Zoning Appeals gave it a public hearing on May 15, 2008, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Mr. Sassano and unanimously carried, the petition for Special Exception to allow an outside storage area 188,000 square feet which exceeds the allowed outside storage area of 140,917 square feet in a "GI"' General Industrial district, on property located in the 900 block of Oliver Plow Ct., is sent to the St. Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot Building Commissioner CCB/cah CITI' OF SOLiTH BEI'~D (outside storm>e) SPEC']AL E\CEPTION PURSUANT 2]-09-3(D) BOARD 01= ZUNING APPL-ALS CIT}' OF SOLITI-I BEND: INDIANA FINDINGS OF FACT 1. l~l-lE PROPOSED L'SE \\'ILL NOT SL- 1N.1UR10US TO THE- PUBLIC HEALTH. SAFETY. COMFORT. CO1\'fhILiN1T}- NIOP.P.L ST.ANDAP.DS. CONVENIENCE OR GENERAL WELFARE BECAUSE: De.-elopmem and use as presented .will comply with all Uuildin~, fire safety, traffic, and parl:in~_* re!~ulations as to not heine iiiiw-ious to the public health. safety- morals, and ~eneral welfare of the community. _. 1-I-1 L- PP.OPUSED C.~SL- \\'ILL NOT IN.TURL- OR ADVERSELY AFFECT THE USE OF TI-IE ADJACENT AREA UR P}:OI'L=P."1-}' \'ALULS T}-]EREIN BECAUSE-: The variance or use shall improve the appem-ance of the neighborhood and will not devalue the sun-ounding properties. _ . "I'1-lE PROPOSED LASE \~I~ILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND TI-IE LAND USES .AUTI-IORIZED THEREIN BECAUSE: Bein~~ that the petition is onh~ temporary, it wil]•not affect the value of the surroundine properties. -F- T]-lE PP.OI'OSED tJSE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITZ' OF SOUTH BEND CO.~1/PREHEi~'SIi E PL:1~\' BECAUSE: It is the feelin~_ of the Board that the variance is blendin~~ into the overall Comprehensive Plan and is not deviatin~~ from it's intent. CONDITIONS OR RL-\'1SIONS: DECISION IT IS TI-IL-RE1=0RE the decision of the Board that this request for Special Exception shall Ue passed onto the City of South Bend Common Council with a: ADOPTED this 1 NTH Day of M.A}'. '_OOS }'ES NO ® RICHARD IGILBASL- ABSENT CI-IRISTOPH HOFF1`1AN ® DAVID SASSANO ® MAiJRICE HOBAN ABSENT L-LONDA \~'ILDL-R-HANIILTON MfCHAEL J. DANCH, L.A. Land Surveyors .Professional Engineers RON HARNER, P.S. Landscape Architects .Land Planners June 3, 2008 Honorable Members of the City of South Bend Common Council 4`h Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for an alley located approximaltely 400 feet more or less, from the north line of Indiana Avenue, and the east right-of way line of Franklin Street,. for a distance of 165.00 feet more or less, and a width of approximately 14 feet more or less. Part situated in Stull's ls` Addition to the Town of Myler in the City of South Bend, St. Joseph County, Indiana. Dear Council Members: Our clients, the City of South Bend, are requesting the approval of the Vacation of a 14 foot alley located Between Indiana Avenue and Broadway Street on the east side of Franklin Street. The reason for this request is for the City of South Bend to develope a One lot Minor Subdivision, this is for the Studebaker Redevelopment project. The City and the Petitioners believe -that vacating the above mentioned right-of--way will not have a detrimental effect on the adjacent properties located along this portion of Franklin Street and Indiana Avenue. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Danch, Harner & Associates File #080105 r''_~c ~~~''~ ~~; f~GP jC ~'ti~~~ 4.'` ~UN_42008 ~c~~a vn~~c` ~~. GtTY GIE~n, 5G• gy=p*~, i. 1643 Commerce Drive South Bend, IN 46628 office 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars ^ Berrien Springs, MI 49103 office 269/471-3010 ^ Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY. APROXIMATELY 400 FEET± FROM THE NORTH LINE OF INDIANA AVENUE, AND THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, FOR A DISTANCE OF 165 FEET± AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN STULL'S 1ST ADDITION TO THE TOWN OF MYLER IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 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 DESCRIBED AS THE FIRST EAST-WEST ALLEY. APPROXIMATELY 400 FEET± FROM THE NORTH LINE OF INDIANA AVENUE, FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, FOR A DISTANCE OF 165 FEET± AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN STULL'S 1ST ADDITION TO THE TOWN OF MYLER IN THE 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: Tax Key Number 18-8006-0349 Tax Key Number 18-8027-1107 Tax Key Number 18-8006-0344 Tax key number 18-8006-0338 Tax Key Number 18-8027-1106 2 SECTION IV. The purpose of the vacation of the real property is to allow for a one (1) lot Minor Subdivision. The City of South Bend will use the vacated right-of-way for its new Studebaker Redevelopment project SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Co,~ cil c/ JUN - 4 2008 1 st READING ~ _~ _o b PUQLlC FiEA.R{NG ,lflFiF1 VOUADE 3rd ~Ep.DENG CtT`{ CtGnK, ~0. gE,'r+D,lN. NOT APPROVED REfEftRED PASSED PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: JUNE 3, 2008 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY. APPROXIMATELY 400 FEET± FROM THE NORTH LINE OF INDIANA AVENUE, FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, FOR A DISTANCE OF 165 FEET± AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN STULL'S 1ST ADDITION TO THE TOWN OF MYLER IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number City of South Bend 14~' Floor County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Tax Key Number 18-8006-0344 18-8006-0349 t 1 al i For City of South Bend NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 Attn: Michael J. Danch RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 in&tf~v ~6~~C~ ~~ ~~~'~'~ JUN - 4 2008 ~G'~N VSO, ~~~O,1N. 0{~(Cs£IK, Property owners within 150' 1.) City of South Bend Dept. of Redevelopment 1200 County-City Bldg South Bend IN 46601 Tax Id: 018-8006-0349 2.) Bjr Investment Company Inc. Waste Management P.O. Box 1450 Chicago IL 60690 Tax Id: 018-8027-1107 3.) City of South Bend Dept. of Redevelopment 1200 County-City Bldg South Bend IN 46601 Tax Id: 018-8006-0344 4.) City of South Bend Dept. of Redevelopment 1200 County-City Bldg South Bend IN 46601 Tax Id: 018-8006-0338 5.) Engel Ventures LLC 411 Indiana Ave South Send IN 46613 Tax Id: 018-8027-1106 ____--- JUN - 4 2008 41 i 1 4`.5..t iCl~ J~. G~~"~5...~0~~ ~'' f ~ ~',~ 2~S-SB~Z PROJECT NO.: 080105 PART OF THE NORTHEAST QUARTER SECTION 73, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, CfTY OF SOUTH BEND, COUNT`! OF ST. JOSHPH, INDIANA THE ALLEY TO HE VACATED IS DESCRIBED AS THE FIRST EAST-NEST ALLEY. APPROXIMATELY 400 FEETt FROM THE NORTH LINE DF INDIANA AVENUE. FROM THE EAST RIGHT-OF-VAY LINE DF FRANKLIN STREET, FOR A DISTANCE OF 165 FEETt AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN STULL'S 1ST AD-ITION TO THE TOVN OF MYLER IN THE CITY OF SOUTH BEND, ST. JOSEPH CT]UNTY, INDIANA, . I _ Lm ze V Uc ~ r ~fU. R.R. SPIKE • ~•(H€LD).• `big 10T 19 ~~• UT b' A , ~ ........... :T :........ .... ~ '~ ny:_ r;? \ P (~ qIm cs ~ f . b \ ~ . • . 1.= ~ a La: ro r~: ~-(-~y .......: oo:~:: ~ . . y0' w si t{~'P7 .... ~'"... ~ `~.u... . ; .ti ./. v ~:5, ••.~~.. ~ ~u 1 Q......... ' ~~ ....../ ..... . - ~ - ~ ~ ~~ Lar n tar r. ~ S o g. .~. . °< * car x ucr ~e ~LL~~' VACA~!®h1 SURVEY ORDERED BY: City of South Bend SURVEY DATED: 3-27-08 V1). 5/8 RB/ • (HELD) lDT :d lar u Im H / ~. ~ ~ _ .~4' .~..£'. O~~ {{II lDT dl . 114• .... `~ ~ oo l \ J/' ~ . e C ..~~ ~~ . lar w. . lac :o a ~~ ti w o ~ ~N e a uRE ~ h Y C Y ~~ ~l /~ If i~ ~ ~ s~ S ~~ D~~~~ U 0 I90 I 200 3D0 SCALE 1• • 108' n ~1 ~~ k,_+ ~~=v_ . F':~. . ~;m i..It ~a Board 1•r r G': f,~ 6:~ `~cr~ } -•e Y '~ m CT ~ ro-~ U t~lf Y~i,F.I FIZhI~c ~ar~s i ~1 i CrL 13v7i 1AliA ~Ya. (80.00' iZ~ I _ o -}~c---- f~t~~, H~~r~At~D~t~t~,1~ Land Surveyors Professional Engineers Landscape Architects• Land Planners OHica: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 V 1643 Commerce Drive South Bend, IN 46628 ALLEY TO BE VACATED 1 1316 COUNTY-CITY BUILDING 227 ~ JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH, BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS May 27, 2008 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 PxoNE574/235-9251 Fax 5741235-9171 TDD 574/ 235-5567 RE: Alley Vacation =First East-West Alley North of Indiana Avenue, East of Franklin Street and west of Lafayette Street -Part of the Studebaker Redevelopment Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the above described alley vacation. All of the property surrounding this alley is owned by the Redevelopment Commission. Because there are no City Agencies using the alley, the staff was not asked to use their time to review this proposed vacation. There are no access issues with this alley vacation. The Board of Public Works submits to you a favorable recommendation concerning this vacation. If you have any questions, please call me at (574) 235-9251 Sincerely, ~~~ l Linda M. Martin, Clerk Board of Public Works c: Rosemary Mandrici, Assessor'Office Melinda Stopczynski, Auditor's Office Carl Littrell, Engineering Bill Schalliol, Community & Economic Development GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER ®~PART~E~`~ ®~ ~U~(el~ 1~V~R~oS ®I~lI~I®f~ ®~ EN~IN~~Rf~l~ T®: Linda Martin, Clerk Board of Works FR®1~0: Tony Molnar SUBJECT: Alley Vacation ®ATE: May 15, 2008 Several months ago you will remember that we had two alleys in the Studebaker Redevelopment area to be vacated. It was decided that it was not necessary to send that proposed vacation to the other City agencies for their review because all of the property around the alley was owned by the Redevelopment Commission. The attached alley vacation is a similar situation. All of.the property surrounding this alley is also owned by the Redevelopment Commission. I would recommend that the Board prepare a letter for the City Council indicating that the Board recommends that the alley be vacated. Danch/Harner will then petition City Council to complete the vacation process. The City has no utilities in the alley. If you have any questions, please feel free to call me at 9254. Thanks, Tony F:IDATA\SHARE\ENGI NEER\WPDATA\memoboard.wpd COUNTY-CITY BUILDING 227 ~ JEFFERSON BLVD. SouTx BEND, INDIANA 46601-1830 PxoNE574/235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LLIECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER June 4, 2008 Mr. Timothy Rouse ,,/')~ ~ ~~ 4 1 ~. C~. President, South Bend Common Council ~ ^ ~,,.f (~. ~ ~~, ~' ~ U 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance for 2008 Operating Appropriations Dear Mr. Rouse: Attached is an ordinance which provides various appropriations for City operations in calendar year 2008. They were not anticipated at the time the City's Budget was passed last fall (Ordinance No. 9787-07). I will provide the Council with detail information supporting these appropriations, and I will present this ordinance at the appropriate Council Committee meeting and at the public hearing. Thank you for your consideration of this ordinance. Sincerely, G M. Catherine Fanel Controller t.±~~ ~F'tlgivt,YC.':3 !,.'S~Z~4` ~~ J tl N - 4 2008 ~;M~,~~ ~r~o~~t C11"~ rs_~nK,,q. F~!SC~, tel. JANICE L. HALL JOHN MURPHY ROBERTALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HuuAN RESOURCES INFORMATION TECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 200$ INCLUDING $500,000 FROM GENERAL FUND (#101), $100,000 FROM PARKS AND RECREATION GENERAL FUND (#ZO1), AND $500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2008 Budget in 2007 (Ordinance #9787-07) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City's effect provision of services to its citizens which were not anticipated at the time the City Budget was adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The following amounts are hereby appropriated in the fiscal year 2008 and set apart within the following designated funds for operational expenses as follows: Fund Amount General (#101) $500,000 Parks & Recreation General Fund (#201) $100,000 Economic Development Income Tax Fund (#408) $500,000 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. .-- Member of the Common Co~incil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of o'clock . m. day 2 at Mayor, City of South Bend, Indiana 1 st READfNG ~ ~`~ 6 Pus~ie ! ~EaRwG 3 rd RL•ADWG tvOT APPROVED REfEP.RED PASSED ~t~~~ X41 ~1~t~{'S ~$~t~@ JUN - 4 2008 JOl~?~ VOOgEE CITY GLEfii~, SO.E3EPJL~, (P!. Mayor additional Appropriations Operating Expenditures US 31 Coalition TACT. Dues B&D Consulting Controller Consulting work for HEA 1.001, tax anticipation warrants, budget and operations review. Code Enforcement EI Buen Vecino demolition Park Maintenance Ice Rink Repairs Economic Development Income Tax Mayor Grant-Real Services 1st of Syr commitment general Fund I $12,000 3,589 5,000 100,000 250,000 $370,589 Park & Recreation General Fund $45,000 $50,000 Community & Economic Development Near Northwest Neighborhood -operations-annual grant NNRO-operations-annual grant La Casa de Amistad Neighborhood Resource Corporation Homeless Shelter Total $30,000 $75,000 $20,000 $117,000 $13,190 $305,190 ~l~~'~ ~C! ~r~r e~a'~ C7"itGG JUN - 4 2008 s~~r~ ~d~a~~~ ntTV f'E FMd_ ~~. ~~`~~. ~~. COUNTY-CI7Y BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF .ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER June 4, 2008 Mr. Timothy Rouse ~ ~ ~' ~~ ~'~ , ~-~ ~~ ~. f,~ President, South Bend Common Council -'"" 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance for 2008 Capital Appropriations Dear Mr. Rouse: Attached is an ordinance which provides various appropriations of a capital nature in 2008. Some involve matching grant funds. I will provide the Council with detail information supporting these appropriations, and I will present this ordinance at the appropriate Council Committee meeting and at the public hearing. Thank you for your consideration of this ordinance. Sincerely, ~~~ M. Catherine Fanello Controller JUN - ~ 2008 GlTY GL~IiI. St'I, ti'; ':~i. ' ~;. JANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2008 INCLUDING $1,500,000 FROM GENERAL FUND (#101), $1,000,000 FROM MAJOR MOVES CONSTRUCTION FUND (#412), $140,000 FROM LOCAL ROADS AND STREETS FUND (#251),$300,000 FROM MOTOR VEHICLE HIGHWAY (#202), $200,000 FROM WATER WORKS CAPITAL (#622), $360,000 FROM SEWAGE WORKS SINKING FUND (#649), AND $820,000 FROM SEWAGE WORKS CAPITAL FUND (#642) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2008 Budget in 2007 (Ordinance No. 9787-07) which included certain recurrent expenditures of a capital nature. It has also passed other ordinances relating to capital expenditures for specific purposes. It has now become necessary to appropriate additional funds for certain expenditures of a capital nature which were not previously anticipated and which are necessary in 2008 to continue the City's provision of services to citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The following amounts are hereby appropriated in the fiscal year 2008 and set apart within the following designated funds for capital expenses as follows: Fund Amount General (#101) $1,500,000 Major Moves Construction (#412) $1,000,000 Local Roads & Streets (#251) $140,000 Motor Vehicle Highway (202) $300,000 Waterworks Capital (#622) $200,000 Sewage Works Bond Sinking (#649) $360,000 Sewage Works Capital Fund (#642) $820,000 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 t~e~Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. Approved and signed by me on the o'clock . m. City Clerk day of 2 at s=L~3~.EC FIEAREr'~~ 3 rd READlP~6G h.;OT APE~RGY~~t F.EFERRE~ F;~SSE~ Mayor, City of South Bend, Indiana JUN - 4 2008 JO~i?~ VGilRflc CITY CL~R~:, S©. BEND, I~1. Additional Appropriations Capital Projects Engineering Bridge Beautification (paid for by Transpo. City received funds in February and March of 2008.) Good Neighbors Program Lamppost Program State Grant-Riverwalk (IUSB)-expensed 100% reimbursed by State. Police AFIS-Automated Fingerprint Information System-upgrade (local match to federal dollars) Total Engineering Federal match money for Miami Reconstruction. Engineering Federal Match for Eddy Street/LaSalle & Colfax Construction Street Paving-additional needed this year. 2007 Prinicipal and Interest Payment. CSO bond issued late 2007. 21st Century Pilot Interceptor Cleaning DAF Polymer System Backwater Gates Total General 416,508 500,000 25, 000 250,000 176,000 $1,367,508 Major Moves $1,000,000 Local Roads & Streets $140,000 Motor Vehicle Highway $300,000 Sewage Works Fund $350,438 150,000 250,000 220,000 200,000 $1,170,438 IWater Capital Fund I Water ~~C~~ ~~~~~~ Remittance Processor ~ Letter Opener ~ ~ `~! Well 3A at Olive -Replaceme t ~`~~ RAMAR Fas TracklT Device ~ ~ 2~~$ ~~~ ~ ~ _..- ;~c~v»py ~W ^L~~ r4~ $38,600 $6,000 $130,000 $2,900 $177.500 COUNTY--CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER June 4, 2008 Mr. Timothy Rouse ~'~ ~~ ~ ~ _ ~ l - 0~ President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending Ordinance No. 9801-07 Dear Mr. Rouse: Enclosed is an ordinance for filing with the Common Council. This ordinance amends previously enacted Ordinance No. 9801-07 by changing the Fund out of which the State Road 23 construction project appropriation is to be made. The correct Fund is Major Moves (#412), and not the Motor Vehicle Highway Fund (#202). I will present this Bill to the Common Council at its Committee meeting and at public hearing. Thank you for your consideration of this matter. Sincerely, f r- M. Catherine Fanello Controller E~tt~ ~~t ~r~~ ~~'~ ~ ~ it~~ JUN - 4 2008 „I~t~! U~i~~i~~ C;TY t,'L~iiK, .~-~~t. ['Faiti7, 'P!. JANICE L. HALL JOAN MURPI-IY ROSERT ALLEN DIRECTOR ASSISTANC CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0.9801-07 TO CHANGE THE FUND FROM WHICH FUNDS ARE TO BE APPROPRIATED FROM THE MOTOR VEHICLE HIGHWAY FUND (#202) TO MAJOR MOVES FUND (#412) STATEMENT OF PURPOSE AND INTENT On October 22, 2007 this Common Council passed Ordinance No. 9801-07 which appropriated One Million Dollars ($1,000,000) from Motor Vehicle Highway Fund (#202) for the expansion of Douglas Road from State Road 23 to the Mishawaka City limits. This appropriation should actually have been made from Major Moves Fund (#412), and this Ordinance makes that revision. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows Section I. Ordinance No. 9801-07 is amended to reflect that One Million Dollars ($1,000,000) shall be appropriated from Major Moves Fund (#412), and not from Motor Vehicle Highway Fund (#202), for the acquisition and construction of the project expanding State Road 23 to the Mishawaka City limits. Section II. Ordinance No. 9801-07 is in all other ways reaffirmed. Section III. This ordinance shall be in full force and effect from and after its passage by the Common~Council and Approval by the Mayor. r- i Member of the Common Council City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of o'clock . m. day 2 at Mayor, City of South Bend, Indiana PU~LiC tiEARiNG 3 rd REA©iNG NOT APPROVFJ3, REFERP.ED PASSED Fi,~~ l~ JUN - d 2008 ,tGt~~ VOCRtIB CtTY C~E~K, S0. oEhD, ttd. COUNTY--CITY BUILDING .227 W. JEFFERSON BLVD. Sovrx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR June 4, 2008 President Timothy Rouse ~~~ ~~ ~ ' ~ ~- _ ~ South Bend Common Council 400 County-City Building South Bend, IN 46601 M. CATHERINE FANELLO CONTROLLER Re: Second Ordinance Amending Ordinance 9790-07 Fixing Maximum Salaries and Wages of Appointed Officers and Non-Bargaining Employees of the City Of South Bend, Indiana, for the Calendar Year 2008 Dear Mr. Rouse: Attached for Common Council consideration is a second amendment to salary Ordinance 9790-07. The amendments are as follows: 1. Insert Residential Marketing Specialist at $55,000 for the Department of Community & Economic Development. 2. Reduce one Project Analyst for the Department of Community & Economic Development from full- time to part time. This position will be part-time with the rate of pay at $22.00 per hour. The current Full-time salary is $46,898. 3. Eliminate one CED Specialist VI at $47,527. 4. Insert the the of Communications Specialist I. This title was erroneously deleted and should be available for use by the Communications Department for entry level hires. Thank you for your consideration of this Ordinance. I will present this to the Council's Personnel and Finance Committee and to the full Council at public hearing. s 6 ,~ ; }> J U ~~ - L,, 2008 PHONE 574/235-9216 FAx 5741235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE Sincere , . Cathe ne Fanello Controller JANICE L. HAT i DIRECTOR HUMAN RESOURCES JOHN MURPI-Ir ASSISTANT CONTROLLER KOBERT DIRECTOR INFORMATION TECHNOLOGY ORDINANCE NO. A SECOND ORDINANCE AMENDING ORDINANCE 9790-07 FIXING MAXIMUM SALARIES AND WAGES OFAPPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted Ordinance 9790-07 on September 24, 2007, which established the annual compensation for all non-bargaining employee positions with the City of South Bend for calendar year 2008. This Ordinance was subsequently amended in 2008 by Ordinance No. 9829-08 to increase City employee salaries from 2% to 3%. It is now determined that Ordinance 9790-07 be amended once more to add the position of Residential Specialist for the Department of Community and Economic Development, reduce the Project Analyst position, eliminate one CED Specialist VI position, and to provide for a Communications Specialist I to be used for the Communications Department entry level hires. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The following positions are hereby established: Position 2007 2008 Residential Marketing Specialist N/A 55,000 Communications Specialist I N/A 28,000 Section II. The position of CED Specialist VI with a salary of $47,527 is hereby eliminated completely from Ordinance No. 9790-07. Section III. The position of Project Analyst is hereby reduced from afull-time position with a salary of $46,898 to a part time position at a rate of $22.00 per hour. Section IV. All other Sections and paragraphs of Ordinance Numbers 9790-07 and 9829-08 are hereby reaffirmed and shall remain in full force and effect as provided for in Ordinance Numbers 9790-07 and 9829- 08. Section V. Effective Date This Ordinance shall be in full force and effective from and after its passage by the Common Council, approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Day of , 2 , at o'clock_ m. Deputy City Clerk Approved and signed by me on the Day of , 2 , at o `clock .m. Mayor, City of South Bend, Indiana 1 st A.EADiNG C'v~ ~~ g PUGLiC HEARING 3 rd READING I~iO i APPROVED ., 'r ;ZED ',SSED JUN - ~- 2Q08 IE VIISY VLi/RNL CITY CLERn, u0, rc"?ds), (!~[. • . ~ SOUTN BF O ~\~\I~III~!//, ~d h~ ~~// Ct U \~~ ~ O Community. & Economic Development 1200 County-City Building, 227 Wesf Jefferson, South Bend, Indiana 46601-1830 • Phone 574/235-9371 • Fax 574/235-9021 To: South Bend Common Council From: Bob Mathia ~,,•~"~'~' Subject: Tax Abatement -McKinley Apartments Housing Partners, LP (Bill # 08-15) Date: May 21, 2008 Mr. Bill Hollingsworth, representing McKinley Apartments Housing Partners, LP, informed me on May 8, 2008, that his organization has decided to withdraw the petition for the subject abatement. He stated that this decision was due to higher than anticipated development costs. Please call me at 235-5835 if you have any questions. File In Cl~rl~'~ Ofi~ice MAY 2 2 2008 JOHN VOORO'c Ci'fY CLERK, G0. BEND, IN. Memo.On.Withdrawa1.5.21.08 What We Do Today Makes A Difference ! RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE OLD TARGET STORE RETAIL COMPLEX LOCATED ON THE NORTH SIDE OF MCKINLEY AVENUE JUST WEST OF HICKORY ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR MCKINLEY APARTMENTS HOUSING PARTNERS, LP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as the old Target Store Retail Complex located on the north side of McKinley Avenue and west of Hickory Road, South Bend, Indiana, and which is more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND lying and being in the southeast quarter of Section 5, Township 37 North Range 3 East, in the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: COMIVIENCING at the southeast corner of said southeast quarter of Section 5; thence North 00°02'06" East along the East line of said southeast quarter, a distance of 726.00 feet to a point; thence run North 89°28'22" West a distance of 40.00 feet to a point; thence run North 89° 28' 22" West, a distance of 648.65 feet to a point, the POINT OF BEGINNING; thence run South 00°O1' 12" West, a distance of 686.02 feet to a point; thence run North 89° 28' 28" West, a distance of 525.01 feet.to the east line of McKinley Terrace Addition; thence run North 00°00'00" East, along said east line of said McKinley Terrace Addition a distance of 1411.91 feet to a point and the south line of McKinley Terrace Addition, Section "A"; thence run South 89°31'54" East along said south line of McKinley Ten ace Addition, Section "A", a distance of 443.34 feet to a point; thence run South 00°O1' 12" West, a distance of 404.56 feet to a point; thence run North 89° 28' 22" West a distance of 9.11 feet to a point; thence run South 00°24`33" West a distance of 261.23 feet to a point; thence run South 89°28' 12" East a distance of 10.89 feet to a point; thence run South 00°01'.12" West a distance of 60.53 feet to a point; thence run South 89° 28' 22" East a distance of 82.17 feet to a point, the POINT OF BEGINNING. Said tract being 15.60 acres more or less. and which has Key Number 18-5201-7736, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and' WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (10) ten years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et se . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council 1'REJE~iI'EC? ikOT APPRO`~EE~ irii~~F i~ ~:"~"in'~ ~fifi~~ y ,. _.~ r r -} ~ ~_~ _ ,.-_- .. _ ~tt~....- 1 4 .a.~., ^I/a ~Z, e,DCPTEG