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HomeMy WebLinkAbout06-23-08 Council Meeting Agenda & PacketAC;P'NnA SOUTH BEND COMMON COUNCIL TUESDAY, JUNE 23, 2008 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 08 -56 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, PORTAGE ROAD UNINCORPORATED TRIANGLE ANNEXATION AREA 08 -57 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 PHASE TWO 6. REPORTS OF CITY OFFICES A. PRESENTATION FROM HISTORIC PRESERVATION ON AN INTERIM ARCHITECTURAL REPORT ON THE CITY SURVEY 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT,T, MC)- 18 -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, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCLMANIC DISTRICT ONE, WILLIAM A. GEYER, 52610 PORTAGE RD., SOUTH BEND, INDIANA 25 -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. SECTION 2, 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA 38 -08 PUBLIC HEARING 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 11T ADDITION TO THE TOWN OF MYLER IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, 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 39 -08 PUBLIC HEARING 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 ( 4201), $500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND ( #408) 40 -08 PUBLIC HEARING 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 $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 (#6649), AND $820,000 FROM SEWAGE WORKS CAPITAL FUND ( #642) 41 -08 PUBLIC HEARING ON A BILL, OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 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 PUBLIC HEARING 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 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 iF THE COMMON BEND, INDIANA TO LEASE FOR IMPROVEMENTS REDEVELOPMENT REDEVELOPMENT 8. BILLS, THIRD READING TIME: BILL NO. 23 -08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1, WAGGONER FARM DEVELOPMENT, L.P. 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA 38 -08 THIRD 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 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 39 -08 THIRD 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 THIRD 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 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 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 THIRD 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 37 -08 THIRD READING 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 9. RESOLUTIONS RTT,T, NO _ F THE COMMON BEND, INDIANA TO LEASE FOR IMPROVEMENTS REDEVELOPMENT REDEVELOPMENT 08 -58 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A CERTAIN RESOLUTION AND AMENDMENT TO THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA TO BE ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 08 -59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE EAST BANK VILLAGE MASTER PLAN - PHASE 1 10. BILLS, FIRST READING 11. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. BILL NO. 24 -08 - REZONING - PROPERTY LOCATED WEST OF 2801 MAIN STREET 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: IJ (( - -r< (, 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 (PORTAGE ROAD UNINCORPORATED TRIANGLE 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 0.85 acres of land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 100% contiguous, generally located just north of the intersection of Portage and Appaloosa with a postal address of 52610 Portage Road. It is anticipated that the annexation area will be developed for a commercial building and a restaurant under the "CB" (Commercial Business) zoning classification as defined by the City of South Bend's Zoning Ordinance. This development will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, 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 a non - 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 a non - 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 West Half of the Southwest Quarter of Section Numbered 22, Township Numbered 38 North, Range Numbered 2 East, lying East of the State Road leading from South Bend to Niles, Michigan, known as Portage Highway, more particularly described as follows, to -wit: Beginning at the intersection of the East and West center line of said Section Numbered 22, Township and Range aforesaid with the center line of said Portage Highway; thence Southeasterly along the center line of said highway a distance of 385 feet to the point of beginning of this description; thence Northeasterly at right angles to the centerline of said Portage Highway, 209.38 feet to a point on the East line of the West Half of the Southwest Quarter of said Section Numbered 22; which point is 283.6 feet South of the East and West centerline of said Section Numbered 22; thence South along the East line of the West Half of the Southwest Quarter of said Section Numbered 22, 503.25 feet to a point in the center line of said Portage Highway; thence Northwesterly with the center line of said Highway, 176.5 feet to a point; thence continuing Northwesterly with the center line of said highway, 363.9 feet to the place of beginning. Excepting from the above described tract of land a parcel more particularly described as beginning at a point on the East line of the West Half of the Southwest Quarter, said point being 283.60 South of the East -West centerline of said Section 22; thence continuing South 00 °00'00" East, a distance of 4.73 feet; thence South 69 °10'06" West, a distance of 167.71 feet to the Easterly right -of- way line of Portage Road; thence along said right -of -way line North 20 °43'37" West, a distance of 5.15 feet; thence North 69 °24'54" East, a distance of 169.38 feet to the point of beginning. Subject to legal highways. Section II. That 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 a non - 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. That 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 the public sanitary sewer network and water main are available to service this area with any extensions for future development to be paid by the developer; that street lighting, parking, sidewalks, and similar improvements together with a drainage plan will be constructed by the developer, and that all improvements under this section as well as any necessary screening, signage, and vehicular access shall conform to the latest State and City of South Bend standards and ordinances. Section IV. It is required as a condition of annexation that neo- traditional building /site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. It is required that the annexation area integrate harmoniously with the surrounding residential areas to the north. In consideration of pedestrian safety and proper vehicular movement, it is further required as a condition of rezoning and annexation that sidewalks be developed along Portage to ensure a continuous pathway to the buildings to the north that have a pre- existing sidewalk. Building plans and other information to satisfy these requirements must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. PRESENTED C0 -23 -o� NOT APPROVED ADOPTED Member, South bend Common auncil Signing of this bill is only to provide an Opportunity fcr pubiic hearing and Council action on this issue. Filled in Clerk's 01110 E JUN 1 7 2008 doHllVOORDE CITY CLERK, So. B040,14- Portage Road Unincorporated Triangle Annexation Area 2 TABLE OF CONTENTS 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 SECTIONVI. APPROVAL ................................ .............................12 Tax Rate Information: TABLE 1 ................. .............................13 Legal Description: TABLE 2 ....................... .............................14 Map: MAP 1 ........................................ .............................15 Portage Road Unincorporated Triangle 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 Portage Road just north of the intersection of Portage and Appaloosa (the entrance to the Hurwich Farms Apartment Complex), and is completely surrounded by the City of South Bend. See Map 1. The postal address of the Annexation Area is 52610 Portage Road. B. Legal Description The Annexation Area is part of the Southeast Quarter of Section 22, 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 (12.5 %) contiguous to the current City limits: Contiquous 1071 feet 100% Non-Contiguous 0 feet 0% Total 1071 feet 1000/0 D. Size of Annexation Area The Annexation Area is 0.85 acres in area. Portage Road Unincorporated Triangle Annexation Area 4 E. Buildings and Land Use The Annexation Area currently consists of vacant land. One Commercial /Restaurant building is planned at 4,500 square feet with a drive - through facility, which is subdivided into two storefronts at 1,800 and 2,700 square feet respectfully. The proposed site plan illustrates 22 parking spaces with 30' front, 20' rear, and 10' side setbacks. F. Zoning & Subdivisions The site is zoned °R" Residential in unincorporated St. Joseph County. It is proposed to be zoned "CB" Community Business upon approval of the City Council and incorporation into the City of South Bend. G. Population No people currently reside 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: $21,100 Improvements: $0 Net: $21,100 J. Municipal Legislative District The Annexation Area will be in the 1st District. Portage Road Unincorporated Triangle 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 - There is a sanitary sewer on the Portage Road boundary of this site. It is a fifteen inch diameter pipe. It has adequate capacity for the annexation area. Water - The South Bend Water Works currently has a 12" water main on the west side of Portage that has more than adequate capacity for the annexation area. 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 41 and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - If the developer wishes to construct and dedicate additional or decorative street lighting, the City will accept it for maintenance and operation. Otherwise the annexation area property taxes will support additional contract street lighting on Portage. Streets - No new streets will be brought into the City's inventory. The City of South Bend already maintains Portage Road along this area, so no additional capital expenditures will be necessary. A recently developed Kentucky Fried Chicken and the proposed Sonic Restaurant to the north have sidewalks. As such, sidewalks will be required for this development. Drainage Plan - Drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. 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: New Mileage within Area: Estimated Maintenance cost for Annexation Area per year: $6,303,240 @480 @$13,131.75 @0 miles (0 feet) @$0 Portage Road Unincorporated Triangle Annexation Area 6 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_: $27,354,426 Number of Households in City (2000): @42,908 Cost per Household: @637.51 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$562 Proposed Number of Households in Area: 0 Number of new Parcels: 1 Cost for Annexation Area per year: $562 (1 parcel x $562 cost /parcel) C. Fire Department 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 0.6 miles away. Additional Fire Department units would respond from Fire Station #7 located at 1616 Portage Avenue which is approximately 2.9 miles away and Fire Station #4 at 220 N. Olive St which is approximately 4.8 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. Portage Road Unincorporated Triangle Annexation Area 7 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 220 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 1 Cost for Annexation Area per year: @$509 @$24 @$33 @48,685 @$448 @$21 @$117 0 1 $448 $21 $117 Total Per Year Cost: $586 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: 1 Cost for Annexation Area per year: $47 Portage Road Unincorporated Triangle 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. The annexation will contain commercial buildings. A licensed private waste hauler will be required to serve this development. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers: Single family rate: Senior rate: Duplex rate: Tri -plex: Quad: Recycling fee: $8.80 per month. $5.50 per month. $13.80 per month $18.80 per month $23.80 per month $1.97 per month 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 Legal 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. Portage Road Unincorporated Triangle 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 identifies the parcels adjacent to Portage Road between Cleveland and the Corporate' Limits to be developed for commercial purposes with the exception of the site of the Hurwich Farms Apartments. As such, this annexation and rezoning request is consistent with City Plan, South Bend's comprehensive plan. The Annexation Area is an approximately 0.85 acres in size and is completely surrounded by the City of South Bend. Adjacent land in South Bend to the north is the site of the proposed Sonic Restaurant. To the west is zoned "CB" Community Business and the East is zoned "MF2" Multi - Family. Significant commercial development has occurred, and is expected to continue, at the Cleveland and Portage Road commercial node. Spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting should be given additional review during the development review process to achieve development and design of the highest possible quality. Sidewalks will be required along Portage to ensure a continuous pathway to the buildings to the north that have a pre- existing sidewalk. Building plans and other information to satisfy the requirements noted above must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Portage Road Unincorporated Triangle Annexation Area 10 SECTION V. FISCAL 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. Portage Road Unincorporated Triangle Annexation Area 11 TABLE 1 Summary Table B Estimated Fiscal Impact Utilizing New 3% Property Tax Cap on Businesses* Expenditures Capital (est.- Non - Capital Per Year (est.) 5 -Year Sewer Extension $0.00 n/a $0.00 Water Extension $0.00 $0.00 Street Lights $0.00 $0.00 Police $562 $2,810 Fire &EMS $586 $2,930 Code $47 $235 Street Maintenance $0 ** $.00 Street Construction $0.00 $0.00 Approximate 5 -Year Cost $5,975 Revenues Tax Year @ Property Taxes (est) unincorporated 07108 NA (year 1; 2009) 08/09 $5,475 (year 2; 2010) 09/10 $16,426 (year 3; 2011) 10 /11 $27,375 (year 4; 2012) 11/12 $38,325 (year 5; 2013) 12/13 $49,275 Note: All Revenues estimated & cumulative MVH /LRSA estimated from 2001 revenue /mile @$11,340** x 5 years $0 Approximate 5 -Year Revenue $49,275 Estimated full net assessment in 2010: $365,000.00 Estimated tax income per year after full development potential is reached in 2010: ($365,000.00 X 0.03 = $10,950) $10,950. Please know that under the former property tax system the estimated tax income per year after full development would be $14,400.00, and the approximate 5 -year revenue would be $72,000 (a difference of $22,725). *Based upon preliminary understanding of law passed on 3/14/08. * *No new roadways will be added to the City's inventory Portage Road Unincorporated Triangle Annexation Area 12 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of , 2008. Portage Road Unincorporated Triangle Annexation Area 13 TABLE 2 TAX RATE INFORMATION - German Township 2006 Payable 2007 GERMAN % OF SOUTH BEND % OF TAX RATE FUND TOWNSHIP TOTAL RATE GERMAN TOTAL RATE DIFFERENTIAL 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 0.0019 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 Portage Road Unincorporated Triangle Annexation Area 14 LEGAL DESCRIPTION A part. of the West Half of tho Southwest Quarter of Section f 1umbcrcd 22, Township Numbered 38 North, Ratio ;lumbered 2 East, lying East of the State Road leading from South Bend. to Niles, Michigan, known as Portage Highway, more particularly described as follows, to -wit. Beginning at the intersection of the Last and West center line of said Section Numbered 22, Township and Range aforesaid with the center line of said Portage High,, any; thence Southeasterly along the center line of said highway a distance of 385 feet to the point of beginning of this description; thence Northeasterly at right: angles to the center line of said Portage; l ligliN ay, 209.38 feet to a. point on the last line of the West: Half of the Southwest Quarter of szid Section Numbered 22; which paint is 283.6 feet South of the East. and Nest center line of said Section Numbered 22; thence South along the Last line of the west Half of the Southwest Quarter of said Section i w— nbere:d 22, 503.25 feet to a paint in the center line of said Portage Highway; thence Northwesterly with the center line of said Highway, 176.5 feet to a point; thence continuing Northwesterly with the center line: of said highway, 363.9 feet to the place of begitining. Excepting from the above described tract of land a parcel more particularly described as beginning at a point on the East line of the West Half of the Southwest Quarter, said point being 283.60 South of the East -West centerline of said Section 22; thence; continuing South 001100'00" .Fast, a distance of 4.73 feet; thence South 09010'06" Nest, a distance of 167.71 feet to the Easterly rig-lit-of-way lime of Portage Road; thence along said right-of- way line North 20 °43'37" West, a distance of 5.15 feet; thence North 69i4'54"' East, a distance of '169.38 feet to the point of beginning. Subject to legal highways. Portage Road Unincorporated Triangle Annexation Area 15 Annexation Area Map "Portage Road Unincorporated Triangle Annexation Area" Map provided by The City of South Bend GIS - 2007 ii ti Sprinq!HIli IJ fl U 0 U t t Ii n Km Annexation city I m K N m 0 m m w m N 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 PHASE TWO) 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 1.59 acres of land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 24.00% 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 a non - 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 a non - 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 a non - 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: LEGAL DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 17 AT A POINT 1330.1 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 17; THENCE EAST ALONG THE NORTH LINE OF PARCEL II AS DESCRIBED IN A WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0807739 IN THE OFFICE OF RECORDER OF SAID COUNTY, A DISTANCE OF 1466.7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID NORTH LINE, A DISTANCE OF 274.00 TO 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, A DISTANCE OF 253.00 FEET; THENCE WEST, A DISTANCE OF 274.00 FEET; THENCE NORTH, A DISTANCE OF 253.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.59 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. 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 a non - 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. PRESENTED NOT APPRO'JEIJ ADOPTED Member, South Bend Common Council Signing of this bill is only to provide an opportunity for public nearing and Council action on this issue. Filed In Clerk's Office JUN 1 7 2008 dOHM VOOPDE CITY CLEfi , SO. GER0, IM THE CITY OF SOUTH BEND FISCAL PLAN AUTEN CONNECTOR ANNEXATION AREA PHASE II Stephen J. Luecke - Mayor South Bend City Council Derek Dieter Henry 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" June 4, 2008 TABLE OF CONTENTS 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 SECTIONVI. APPROVAL ................................ .............................13 Tax Rate Information: TABLE 1 .............:... .............................13 Legal Description: TABLE 2 ....................... .............................15 Map: MAP 1 ........................................ .............................16 MAP2 .............................................................. .............................17 Auten Cnnnector Annexation Area 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 will be at least 1/8 (24 %) contiguous to the current City limits upon the completion of the Auten Connector Annexation Phase One: Contiguous 253 feet 24% Non - Contiguous 801 feet 76% Total 1054 feet 100% D. Size of Annexation Area 4uten Connector Annexation Area 4 The Annexation Area is 1.59 acres in area. 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, T.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 will 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: $6,303,240 Miles of Roadway in City: @480 Cost per Mile: @$13,131.75 Immediate New Mileage within Area: @0.00 miles (0 feet) Immediate Estimated Maintenance cost for Annexation Area per year: @$0.00 Proposed New Mileage within Area: @ 0.05 Miles (279 feet) Estimated Maintenance cost For Proposed Roadway: @ 656.59 *The above calculation only pertains to the length on the new roadway in this phase of the annexation. Auten Connector Annexation Area 6 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: $27,354,426 Number of Households in City (2000): @42,908 Cost per Household: @637.51 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$562 Proposed Number of Households in Area: 0 Number of new Parcels: 1 Cost for Annexation Area per year: $562 C. Fire Department 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. atitan ('nnnPrtnr 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 220 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 Benda 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 1 $448 $21 $117 Total Per Year Cost: $586 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: 1 Cost for Annexation Area per year: $47 Auten Connector Annexation Area E. Environmental Services 0 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 Legal 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 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 1.59 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. Auten Connector Annexation Area _ 10 SECTION V. FISCAL 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. 5) 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 Connector Annexation Area 11 TABLE 1 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 $562 $2,810 Fire &EMS $586 $ 2,930 Code $94 $470 Street Maintenance $0 $0 Street Construction $10,090,600 ** $0.00 Approximate 5 -Year Cost $5,210 Revenues Tax Year @ Property Taxes (est) unincorporated 07108 NA (year 1; 2009) 08/09 NA (year 2; 20'10) 09/10 NA (year 3; 2011) 10/11 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 @$11,340 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. Auten Connector 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 Source: St Joseph County Auditor Certified Tax Rates Chart GERMAN % OF SOUTH BEND % OF TAX RATE FUND TOWNSHIP TOTAL RATE GERMAN TOTAL RATE DIFFERENTIAL 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 0.0019 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 I.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 Auten Connector Annexation Area 15 LEGAL DESCRIPTION A PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 17 AT A POINT 1330.1 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 17; THENCE EAST ALONG THE NORTH LINE OF PARCEL II AS DESCRIBED IN A WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0807739 IN THE OFFICE OF RECORDER OF SAID COUNTY, A DISTANCE OF 1466.7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID NORTH LINE, A DISTANCE OF 274.00 TO 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, A DISTANCE OF 253.00 FEET; THENCE WEST, A DISTANCE OF 274.00 FEET; THENCE NORTH, A DISTANCE OF 253.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.59 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. A„I-on r'nnnari-nr AnrYPY.'ifinn Area RY• m 16 Auten Connector Annexation Area Phase Two „ 11 i. it 11 II y,, ..................- - _ � _ it II i` 11 47 :` II 11 11 it 11 11 i n n ' If t1 [ j m f I Di I .I 11 11 II II I I Parkland II I I II C rbonmill_. __ n 0 1,112 Feet Map provided by The City of South Bend GIS - 20071,k� Auten Connector Phase One Auten Connector Pha.e Two City Limits -a North June, 2008 Auten Connector Annexation Area 17 ^- - MAP 2, CONCEPTUAL DESIGN •: t .E'rr+ Ys; s t ,Vis - � t rj C s 'n �' =l 'Cs �„il � J y4r t. �x�.r a�.'R .�• f *`) L }Y Y.• � v ff iy •e- a ���� tJ q- � 1 't q( Gw Y� �1{y�rr f� t •.:i Q . n s F r .�'��� •vim t • " e � ,:. , , r==- , ---+ -- - •Its ¢a H..r d t t fi. ~ _ 11 1Jk l Kht 1 �j it��, j'Tt4Y 'i: <L •. � 6• -� t 1 1 < S 4 :. sp t � 1 f r { � { ' � , µ r �.� r� �- 3����Y , - S4 2 i I/ Z�i1 1 7; Llq �•� `�8 Ali ;�y �,.. r ���) �Yf �. , - r7 I :�' cif Y,J 1��5 ��iJ•'ni �,�'� � 4`b... - Y� 4 yam,"` .� : Y"°Y'rkll p 7, `• ' t>r� - 4 , r...7r- 1 S �:: `�.+ CC (1 --�-- �.,...e5 ��e • t Sty i , { ` —,,._, {? .. t FF J y E 9 { ? Lh :1 i L�• . '.^- •`'rte... s '1 S - 1 ' q `` �t r- + � : ' a'�''� - i . t ; , t 1 �d••(g` y' ff� � I ;,.I r { !. r l : i � _- � Y+J1 I � �.- r�: � � �t Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 9813 May 21, 2008 - The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of William A. Geyer to zone from R Single Family District (County) to CB Community Business District (City), property located at 52610 Portage Road, City of South Bend - APC# 2472 -08 Dear Council Members: I hereby Certify that the above referenced ordinance of William A. Geyer was legally advertised on Thursday, May 8, 2008 and that the Area Plan Commission at its public hearing on Tuesday, May 20, 2008 took the following action: Upon a motion by John DeLee, being seconded by Dan Brewer and unanimously carried, the proposed ordinance and site development plan of William A. Geyer to zone from R Single Family District (County) to CB Community Business District (City), property located at 52610 Portage Road, City of South Bend is sent to the Common Council with a favorable recommendation subject to a written commitment that will provide a 24 foot wide ingress and egress easement to connect with the easement provided on the property to the north. The rezoning is a logical expansion and in -fill of the existing commercial area. The property, which is currently within St. Joseph County, is surrounding by the City of South Bend. The rezoning will compliment the existing land uses in the area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, �i 1 `�"ohn W. ByornJ� i JWB:sr Attachment CC: William A. Geyer Jerry Rafferty J. Bernard Feeney Red In Clo1"k'a Office MAY 2 1 2008 JOHN V40r uE CITY CLE nMK, So, i3pIR, 1N. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC 9 2472 -08 Owner: William A. Geyer Location: 52610 Portage Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from R Single Family District (County) to CB Community Business District (City) to allow commercial/restaurant uses. Land Uses and Zoning: On site: The site is currently vacant land. North: To the north are businesses zoned CB Community Business District. East: To the east are apartments zoned MF2 High Density Multifamily District. South: To the south are businesses zoned CB Community Business District. West: To the west are businesses zoned CB Community Business District. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 0.85 acres. The site plan shows a proposed 4,500 square foot building. Buildings will cover approximately 12% of site. The proposed development indicated 25 parking spaces. Parking and drives will consist of approximately 49% of the site. The remaining 39% of the site will consist of open space. One access point is provide off of Portage Road. The petitioners are requesting a variance on the rear yard get back from 20' to 10'. Zoning and land use history & trends: There have been several rezoning and annexations in the area within the past several years for both commercial and office type developments. Traffic and transportation considerations: Portage Road has four lanes and widens to four lanes plus a turn lane at its intersection with Appaloosa. Utilities: The site will be served by municipal sewer and water. Additional information: (Agency comments) 5 Criteria (per IC 36 -7 -4 -603): Land Use Plan: City of South Bend - City Plan, November 2006 The Future Land Use Map identifies this general area as commercial. The rezoning is consistent with the comprehensive plan's Future Land Use Map. William A. Geyer #2472 -08 Page 1 of 3 2. Current conditions and character: The site is currently vacant. The area is a mixture of commercial and multifamily in character. 3. Most desirable use: The most desirable use for the property is commercial. 4. Conservation of property values: The surrounding property values should not be affected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow infill development in a commercial area. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation subject to a written commitment that will provide a 24' wide ingress & egress easement to connect with the easement provided on the property to the north. Analysis: The rezoning is a logical expansion and in -fill of the existing commercial area. The property, which is currently within St. Joseph County, is surrounding by the City of South Bend. The rezoning will compliment the existing land uses in the area. William A. Geyer #2472 -08 Page 2 of 3 Rezoning from: "R" SINGLE FAMILY to "CB" COMMUNITY BUSINESS ning Key COUNTY "R" SINGLE FAMILY SOUTH BEND "MF2" HIGH- DENSITYMULTIFAMILY SOUTH BEND "CB' OFFICE BUFFER ® SOUTH BEND -CB' COMMUNITY BUSINESS 0 1 inch equals 303 feet APC # 2472 -08 William A. Geyer #2472 -08 Page 3 of 3 ORDINANCE NO. 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, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT ONE, WILLIAM A. GEYER, 52610 PORTAGE RD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT. A Petition for the voluntary annexation and for the zoning of 0.85 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, and to establish a zoning district of this territory 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 West Half of the Southwest Quarter of Section Numbered 22, Township Numbered 38 North, Range Numbered 2 East, lying East of the State Road leading from South Bend to Niles, Michigan, known as Portage Highway, more particularly described as follows, to -wit: Beginning at the intersection of the East and West center line of said Section Numbered 22, Township and Range aforesaid with the center line of said Portage Highway; thence Southeasterly along the center line of said highway a distance of 385 feet to the point of beginning of this description; thence Northeasterly at right angles to the center line of said Portage Highway, 209.38 feet to a point on the East line of the West Half of the Southwest Quarter of said Section Numbered 22; which point is 283.6 feet South of the East and West center line of said Section Numbered 22; thence South along the East line of the west Half of the Southwest Quarter of said Section Numbered 22, 503.25 feet to a point in the center line of said Portage Highway; thence Northwesterly with the center line of said Highway, 176.5 feet to a point; thence continuing Northwesterly with the center line of said highway, 363.9 feet to the place of beginning. Excepting from the above described tract of land a parcel more particularly described as beginning at a point on the East line of the West Half of the Southwest Quarter, said point being 283.60 South of the East -West centerline of said Section 22; thence continuing South 00 °00'00" East, a distance of 4.73 feet; thence South 69 °10'06" West, a distance of 167.71 feet to the Easterly right -of -way line of Portage Road; thence along said right -of- way line North 20 °43'37" West, a distance of 5.15 feet; thence North 69°24'54" East, a distance of 169.38 feet to the point of beginning. Subject to legal highways. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as zone CB — Community Business District provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully, satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 32 , at o'clock m. City Clerk Approved and signed by me on the day of at o'clock m. Mayor of the City of South Bend 151 READING �g PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED ,PASSED 2 , Fiiod In Clark's Of icO MAR 1 9 2008 JOHIJ VOORDE errY CLERK, SO. BEND, IN. PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN 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, and for the zoning of that land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I (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, and be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least (CHECK ONE): X a. one - hundred percent (100 %) of the owners of the land in the territory sought to be annexed; OR — b. fifty -one percent (51 %) of the owners of the land in the territory sought to be annexed; OR _ c. the owners of seventy-five percent (75 %) of the total assessed value of the land for property tax purposes. 4) The property sought to be annexed and rezoned is located at: 52610 Portage Road, South Bend, Indiana 46628 5) The Property Tax Key Number(s) is: 04 -1014- 024201 6) The name and address of the property owner(s) of the petition site Ware: William A. Geyer, P.O. Box 229, Lakeville, Indiana 46536 7) The name and address of the contingent purchaser(s), if applicable, is/are: Jerry Rafferty, 6079 East 300 S, Franklin, Indiana 46131 8) The parcel is 0.85 acres in size and currently has the following use(s) on it: vacant land 9) Number of people currently residing on the property: 0 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: R – Single Family Residential To City of South Bend zoning classification: CB – Community Business District for the following use(s): Commercial / Restaurant PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA (Cont.) 11) The anticipated "build -out" year for the project: 2008/2009 12) The following information has been submitted with the Petition: 1. a legal description of the property, titled as Exhibit "A "; 2. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. seventeen (17) site plans; 4. addressed, stamped envelopes for all property owners within 300 feet of the petition property. 13) The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: William A. Geyer P.O. Box 229 Lakeville, Indiana 46536 Phone: (574) 340 -8638 14) Name, Address & Phone Number of Contact Person/Preparer: J. Bernard Feeney Lang, Feeney & Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 phone: (574) 233 -1841 fax: (574) 674 -0374 riled In OlerWs Offi08 MAR 1 9 2008 E JQtINV 0R6 MD IPi. CITY CLEP,K, , 11P V � 0t0- �� -og ORDINANCE NO. 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, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT ONE, WILLIAM A. GEYER, 52610 PORTAGE RD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.85 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, and to establish a zoning district of this territory 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 West Half of the Southwest Quarter of Section Numbered 22, Township Numbered 38 North, Range Numbered 2 East, lying East of the State Road leading from South Bend to Niles, Michigan, known as Portage Highway, more particularly described as follows, to -wit: Beginning at the intersection of the East and West center line of said Section Numbered 22, Township and Range aforesaid with the center line of said Portage Highway; thence Southeasterly along the center line of said highway a distance of 385 feet to the point of beginning of this description; thence Northeasterly at right angles to the center line of said Portage Highway, 209.38 feet to a point on the East line of the West Half of the Southwest Quarter of said Section Numbered 22; which point is 283.6 feet South of the East and West center line of said Section Numbered 22; thence South along the East line of the west Half of the Southwest Quarter of said Section Numbered 22, 503.25 feet to a point in the center line of said Portage Highway; thence Northwesterly with the center line of said Highway, 176.5 feet to a point; thence continuing Northwesterly with the center line of said highway, 363.9 feet to the place of beginning. Excepting from the above described tract of land a parcel more particularly described as beginning at a point on the East line of the West Half of the Southwest Quarter, said point being 283.60 South of the East -West centerline of said Section 22; thence continuing South 00 000'00" East, a distance of 4.73 feet; thence South 69 010'06 West, a distance of 167.71 feet to the Easterly right -of -way line of Portage Road; thence along said right -of- way line North 20 °43'37" West, a distance of 5.15 feet; thence North 69 °24'54" East, a distance of 169.38 feet to the point of beginning. Subject to legal highways. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as zone CB — Commutiity Business District provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Counci ' Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 92 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock m. Mayor of the City of South Bend 1st READ[P!G 3-2,` —0$ PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED ,PASSED Filiod In Clark's Offics MAR 1 9 2008 JofiN VOORDE CITY CLERK, SO. BEND, IN. PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN 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, and for the zoning of that land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I (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, and be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least (CHECK ONE): X a. one - hundred percent (100 1%) of the owners of the land in the territory sought to be annexed; OR _ b. fifty -one percent (51 %) of the owners of the Iand in the territory sought to be annexed; OR — c. the owners of seventy -five percent (75 %) of the total assessed value of the land for property tax purposes. 4) The property sought to be annexed and rezoned is located at: 52610 Portage Road, South Bend, Indiana 46628 5) The Property Tax Key Number(s) is: 04- 1014-024201 6) The name and address of the property owner(s) of the petition site islare: William A. Geyer, P.O. Box 229, Lakeville, Indiana 46536 7) The name and address of the contingent purchaser(s), if applicable, is /are: Jerry Rafferty, 6079 East 300 S, Franklin, Indiana 46131 8) The parcel is 0.85 acres in size and currently has the following use(s) on it: vacantland 9) Number of people currently residing on the property: 0 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: R — Single Family Residential To City of South Bend zoning classification: CB — Community Business District for the following use(s): Commercial/ Restaurant PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND. INDIANA (Cont.) 11) The anticipated "build -out" year for the project: 2008/2009 12) The following information has been submitted with the Petition: 1. a legal description of the property, titled as Exhibit "A "; 2. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. seventeen (17) site plans; 4. addressed, stamped envelopes for all property owners within 300 feet of the petition property. 13) The signatures) of all property owner(s), or Attorney for all property owner(s) Signed: �. ii �0•n� i� William ,k. Geyer P.O. Box 229 Lakeville, Indiana 46536 Phone: (574) 340 -8638 14) Name, Address & Phone Number of Contact Person/Preparer: J. Bernard Feeney Lang, Feeney & Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 phone: (574) 233 -1841 fax: (574) 674 -0374 Filed in Clerk's 0111CO MAO 1 9 2 008 8 10Ht1 0 RDE effY eLEFRtdD,1M. , S Exhibit "A" Legal Description: A part of the West Half of the Southwest Quarter of Section Numbered 22, Township Numbered 38 North, Range Numbered 2 East, lying East of the State Road leading from South Bend to Niles, Michigan, known as Portage Highway, more particularly described as follows, to -wit: Beginning at the intersection of the East and West center line of said Section Numbered 22, Township and Range aforesaid with the center line of said Portage Highway; thence Southeasterly along the center line of said highway a distance of 385 feet to the point of beginning of this description; thence Northeasterly at right angles to the center line of said Portage Highway, 209.38 feet to a point on the East line of the West Half of the Southwest Quarter of said Section Numbered 22; which point is 283.6 feet South of the East and West center line of said Section Numbered 22; thence South along the East line of the west Half of the Southwest Quarter of said Section Numbered 22, 503.25 feet to a point in the center line of said Portage Highway; thence Northwesterly with the center line of said Highway, 176.5 feet to a point; thence continuing Northwesterly with the center line of said highway, 363.9 feet to the place of beginning. Excepting from the above described tract of land a parcel more particularly described as beginning at a point on the East line of the West Half of the Southwest Quarter, said point being 283.60 South of the East -West centerline of said Section 22; thence continuing South 00 100'00" East, a distance of 4.73 feet; thence South 69 °10'06" West, a distance of 167.71 feet to the Easterly right -of -way line of Portage Road; thence along said right -of -way line North 20 °43'37" West, a distance of 5.15 feet; thence North 69 °24'54" East, a distance of 169.38 feet to the point of beginning. Subject to legal highways. Filed In Clerk's OfficD MAR 19 2008 JOAN VOORDE CErf CLERK, SO, FEND, IN. PortageRoadLegal.doc 025 -1014 -0243 004 -1051 -1293, 004 - 1014 -023001 025- 1014- 024303 Meijer Stores Limited Partnership Frank Prusinski Edward Rose of Indiana Attn: Property Tax Department 52500 Portage Avenue P. O. Box 3015 2929 Walker Avenue NW South Bend, IN 46628 Kalamazoo, MI 49003 Grand Rapids, MI 49544 025 - 1014 -0244 1st Source Corporation P.O. Box 1602 South Bend, IN 46634 025 - 1014- 024201 SRI Real Estate Properties, LLC 300 Johnny Bench Drive Oklahoma City, OK 73102 025- 1014- 024009 DFZ Portage Properties, LLC % Ziker Cleaners, Inc.; David Ziker P. O. Box 540 South Bend, IN 46624 025- 1014 -0240 Wal Mart Real Estate Business Trust #2680 Property Tax Dept. #0555 1301 SE le Street Bentonville, AR 72716 025- 1014 -0242 William F. Alford Co., Inc. P. O. Box 850 Niles, M149120 025- 1014 - 024004 Kane Properties, LLC 3545 N. Bendix Drive South Bend, IN 46628 025 -1014- 024010 Teachers Credit Union P. O. Box 1395 South Bend, IN 46624 025 - 1014 -024008 Coldwater Portfolio Partners, LLC 3670 Portage Road South Bend, IN 46628 004- 1014 - 024201 William Geyer P. O. Box 229 Lakeville, IN 46536 025- 1014 - 024001 Starbest Hotels, LLC Attn: Dr. Chaudhry 303 S. Main Street, Suite 209 Mishawaka, IN 46544 025- 1014 - 024007 Curtis James Investments 741 Centre View, B 1 Ft. Mitchell, KY 41017 Filed in Clerk's Office MAR 1 9 2008 JOE,N VOORDE CITY CLERIC, 50.OEND, IN. p:Y\. � � � ) 2- � - �) � ORDINANCE NO. 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., Section 2 51270 Mayflower Road South Bend, IN 46628 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 1.59 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, BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 17 AT A POINT 1330.1 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 17; THENCE EAST ALONG THE NORTH LINE OF PARCEL II AS DESCRIBED IN A WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0807739 IN THE OFFICE OF RECORDER OF SAID COUNTY, A DISTANCE OF 1466.7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID NORTH LINE, A DISTANCE OF 274.00 TO 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, A DISTANCE OF 253.00 FEET; THENCE WEST, A DISTANCE OF 274.00 FEET; THENCE NORTH, A DISTANCE OF 253.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.59 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. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. MEMBER OF THE COMMON C UNCIL Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock m. 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed In Clerk's OffIC0 MAY - 7 2008 JOHN VOORDE CITY CLERK, SO. BEND, IN. 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 . 6) The name and address of the contingent purchaser(s), if applicable, is /are: City of South Bend 7) The parcel is 1.59 acres in size and currently has the following use(s) on it: 04 -1009- 0147.19 is currently single family residential. 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 p operty owner(s), or Attorney for all property owner(s) Signed: ohn . Phair, artner goner 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 Perso n/Pre parer: Derek J. Spier, AICP Planner Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574) 232 -8700 Filed In �ImUWS "'c® M AY - 7 2008 EE JOHN VOORDE Crrf CLERK, E4, EE D, IM. �•� ��A.- ADAM l4 �a.�� ' TNEe NWR SUB 123., 163.16 163,75 /G3.75 163.7 26a' 275.74 ' 3A 'MAJOR SUB O „' I I - rz3.va u -0147.11 C t %'. . I I I v - s•,•. I ti 123.80 LEJ N a¢ 4(/ I T o 4= V 121.62 I63.T O VN 6 O ,t � 04 -1009 ei1 h 4) Yip I Jzez6B Q a e` a I LLJ F I 1Z �u „ 14}lfTU-fEo Z 2e7e3 1139.07M,_ I P2oPoSf =D M m } pnaMnG V 7 „ • .. , 2 74A,264 4�lat: R�h(RNEEKiZ</- cN. P/0.13 _ -Ph M13 � N11 C6i1 -1- I�10. 23�O$ N Lli 144zz'' O N 13 - Q' Pf- 014704 TOT,Q.L [3o Jw7aF\/L� = IDS4'�^ PF. Il. /8 C- 3T1r-0R -f Pd 14 " PAN Z) G1122Er�T L1T ( UM17S . EAST RrGI+T--�F -WA- -( Ujo of fVlf'- iRoW� (LOga Y?;i},'!:'.:. VC 1 0 31aeo $ 1- 014L22 W, PA 15 FA 13 = I - oJ47ae F. I J - o/47.2o >I Pf: 17 PA- 0107.0 .9S ? Pf. l7 Pf.- 0147. 08 PA 18 �!S�S PA /9 _ Pf, 19 �m FA- 0147.06 - i�':�; . PA- o/47.o0 - H 17 0107. Pf 20 P 20 0000 9.00 eTty I e69.s c"P /dpAMO66 - 3-17G � 3-H 6J. THE Sl6 OWPANY 100, GERMAN TWP. " ^' GERMAN Filed In clerk' 7C W.I /2 N.E.I /4 SEC. 17 T.38N. R.2E. ;1C - ® E.I /2 N.E. /a SEC. JOHN 01-. B CRY CL.F.�, 50. BM ;. M14 - Vanch, ff-Far°ner° & Associates, Inc. MICHAEL 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 4th 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 1St 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 1643 Commerce Drive . South Bend, IN 46628 office 5741234 -4003 ■ 8001594 -4003 ■ Fax 5741234 -4119 biz In e 42008 208 West Mars . Berrien Springs, MI 49103 office 2691471 -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. READING (0 CL_ov PUBLIC HEARING 3 rd READING NOT APPROVE6 REFERRED PASSED Member of the Common CWncil filed In CIOYk' 0 ►ice JUN - 4 2008 J01iF1 VOORE 114 CM C<77%K, ce. BEi.D, 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'-h Floor County -City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 9 1 al i For City of South Bend RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235 -9221 Tax Key Number 18 -8006 -0344 18- 8006 -0349 NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003 Attn: Michael J. Danch Filed jr, lark's jUN - 4 2008 ,�C��N Va0Fi4E Cli'V CLEFA, u0, CE% IN..e Property owners within 150' l.) 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 Bend IN 46613 Tax Id: 018 - 8027 -1106 Filed lt.' rice JUN -:4 2008 c!TY C► � K, }' �i j'� =,phi Fcco 13 Q ie0 eu) PA N' T � (C4,6 1 E ,6J 7- 2�,5- -584 ALLEY VACATION SURVEY ORDERED BY: City of South Bend SURVEY DATED: 3 -27 -08 PROJECT NO.: 080105 PART OF THE NORTHEAST QUARTER SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, CITY OF SOUTH BEND, COUNTY OF ST. JOSHPH, INDIANA 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 FEETt 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. un m v BNADWAY (74.25' R/w1 _ un s. C/L VOLIANA Ada. (60.00' 91-w) I 01 0 Imm Land Surveyors • Professional Engineers Landscape Architects -Land Planners Office: (574)234 -4003 / (800)594 -4003 . For: (574)234 -4119 1643 Commerce Drive South Bend, IN 46628 r~� i[h �u •� m L U Board df Public Words MAI 2.9 2d .. .. M. 5/8 RB (HELD) J9C MW E 3431Ar W (,n.w F0 R rr + 3A LP-' \ - r •(HLO) -M. R.R. SPINE • IM :9 �� 8 LT rOr 4o' . . . . ........... T; ...... . 9 urr a a o 42 rar 4l 3w m .. r 4e g m D \ 8 j- Az r?P -0Pl T,4' b s e :s ur O vA(!: , \. 10 I. a, -7 (,s , *) . �.4: ALLC . rar as o �T.o _�.��::�.nr � •l • \ � ci tCf 6T t➢T m lP. -i3- -- / lnT b ........ ? ........................r !DT -H F C� . UN :o o < g. . . . . . . . . . . . . . . . . . . . . .Q H ror s4 . . . . . . . . Lot m R . . . . . ( +cam 9 . . . . . . . . . . 4 ALLEY BE VACATED 0 V h 'bi'!1•- s 8 180 + c"00 300 o SCALE Y id1' m o h R (ME 1 UNE LW M [ y S C/L VOLIANA Ada. (60.00' 91-w) I 01 0 Imm Land Surveyors • Professional Engineers Landscape Architects -Land Planners Office: (574)234 -4003 / (800)594 -4003 . For: (574)234 -4119 1643 Commerce Drive South Bend, IN 46628 r~� i[h �u •� m L U Board df Public Words MAI 2.9 2d 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BouLEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. D -T-cn, MAYOR BOARD OF PUBLIC WORKS May 27, 2008 Members of the Common Council Council Chambers County -City Building, 4th Floor South Bend, Indiana 46601 PHONE 574 /235 -9251 FAx 574/235 -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, j..1 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 114TER- OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING T®: Linda Martin, Clerk Board of Works FROM: Tony Molnar SUBJECT: Alley Vacation DATE: 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:\DATA\SHARE\ENGINEER\WPDATA\memoboard.wpd 1400 CouNrY -CITY BUILDING 227W. JEFFERSON BOULEVARD SOUTH BEND, INDL4NA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235 -9241 FAx 574/235 -9892 TDD 574/ 235 -5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY May 19, 2008 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy Rouse President, South Bend Common Councils 4' Floor, County -City Building South Bend, IN 46601 Re: Substitute Bill 26 -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 A TLB /cw i oi iei a if C`LFe LAW 2 1 200$ ��tJ� vt�orta CE'Cl" ('10 "', SQ. SEET" THOMAS L. BODNAR CHERYL A. GREENE ANN -CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN 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 M. 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 Lqq. 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. SELEGTEP_V�EAPONS A�M DISTRUNIE�9S OF VIOLENCE PROHIB !TED FIREARMS PROHIBITED ON CITY PROPERTY Section II. The Title of Chapter 13, Article 10, Division 1 is amended to read as follows: DIVISION 1. LOADED n DED n cS n r Tr T 3 TAPONS PROHIBIT 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 -95 94. Definitions. The following definitions shall apply throughout this Article: (a) Ammunitien shall mean any ammunition cartridge, she!! or- other- deviee eentai explesive er- ineendiar-y material and Elesigned and intended for- use in an), firear-m. C� (h\ A /t Weapeiis shall mean and include ,. Ovet fifteen (1 S) nd&,, , (2) Any semiauternatie shotgun with a magazine eapaeity ef ffier-e than nine (9 3) Firearms as cnred in 1. G. 35 47 1 5, h' h have ♦h..o. ds, lug .„- ether-- , grenade 1 h , rr f;,- flash folding ste L to the and fl-- flash suppressor-, or- folding steek te a fir-eafm; a (C\ A detachable magazine, d belt, feed s-iniflar deviee which has Af er- can be readily r-ester-ed er- conver-ted to aceept more than fifteen (15) r-ounds of ammunition-, and (6) Any-e-e-fli-b-inatien of parts 1.vhieh ar--e designed and intended s8lely and exelusively fo. a. fiff-eaFm defined to be an assault weapon as defined above, or- fr-ern whieh an assault weapen eeuld be assembled into an operable assault weapon if such parts are loeated in the possession or- under- the eentrel of one (1) person. spent ear-tr-idg,- is ejected, and the weapon reloaded and fired, by the action of the gas generated in fiFing E)r- by the feree of the reeoil, resulting in the weapon continuing to fire as leng—as the trigger- sdepressed. (d) Chambered shall mean ready to fire gover-nmental ageney to individuals who afe in eustedy for- alleged violation or- t rl of a vielation of the law. (f) Dealer shall have the meaning set f-eFth in 1. C.35 47 1-3-. (g)Lal 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 right - of -way. ( -) Magazine sh uri- zcmra -steru 6l place for- ammunition iwhich -uei" as a reeeptacle for- ea4Fidges which are te be fed into the breeeh or- ehamber- of a r-ifle, shotgun, or- other- weapen. (i) Aliner shall fnean any per-son who is undeF eighteen (19) year-s of age, 0) Per-sen shall mean an), individual, cor-per-ation, company, asseeiation, , (Fn)Lcj 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. (n) Semi autematie shall mean any weapen whieh fir-es a single pr-ojeetile for- eash single pull of the trigger- and which empleys a magaz4ne, (e) Sheeting erfirkg range shall mean a plaee for- taFget praefiee with fir-eaFffls. (p) She�gbtn shall have the meanings set feEth in 1.G. 35 47 1 11. 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- 44895. Public places where firearms are restricted; exceptions; signs to be conspicuously displayed. (a) Firearms are prohibited in the following publie plae suEgioal center-, "haspital" or- "ambulatOff eutpatient surgical center" having the definitions aFi those set forth in 1.G. 16 10 1 6 ;and (2) Buildings and gr-eunds owned anWer- apeFated by a health. , 11 health f ilit y having " the definitions as that set feFth in 1.G. 16 10 4 2-; (3) Buildings and grounds owned and/or- eper-ated by a retail merchant, w "retail merchant" having the definition as that set feAh__in T !` 6 2.1 1 1-2-, (4) 4 buildings and on grounds govefned owned or administered by a the City with " € -Ah-in T Q36 1 2 10 (excluding all p "ham highways including but net limited to streets, alleys and side h,alks)-;1. grounds (5) Buildings and grounds govemed by i seq., addressing aleohelie bever-age r-egulatiens in places Fied to the public-, or soeiety operating in Iffie e-.11y; and (7) Buildings and (b) This section shall not apply to: (1) s Law enforcement officers while on duty issued an unlimited }' , as a condition of empleyment under- 1.Q 35 47 -2 4; (2) "Excepted per-sons" in 1- G. 35 47 -2 -2.7 (37 individuals r e'd and approved tip 0.- R„ of Alee lhel, T- ebaceo (43(2 ) Security guard services when under contract to protect the building and grounds or accompanying the delivery of money or valuable goods; and (5)(3) Civil Defense Police A person who have has a valid special police commissions which specifically authorizes a firearm and who is acting pursuant to that commission;_ (6) Community eetion effieerowd (7 ) Building 6'd n6r-s and theiF designated agents, and peFsens providing 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. Section VIII. Chapter 13, Article 10, Section 111 is hereby renumbered as Section 96 and amended to read as follows: Sec. 13 -444- 96. Penalties and confiscation of firearms. (a) Any person found with a firearm on City premises in violation of this division 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) fine-,for a44 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) 1 firearm fn .1 in violation of this Division h 11 be seized fl fise t .1 Said firearm may only be returned upon pr-E)of of payment of any and all eitationS issued fOF SU 1 t' /\ d 1 7 f 'mil f' u � sf„1 eempletion of all educational a��rm- c[[ r6' r�- �upvrr— Pr6ao4uzrrb�ozcrrrc�rv0�-- 6�-- 6a��tirc °-r��p-- vx— �uiu— a?reirri�i, uf,•'u �„ t (e) Penalties t a total f twe thousand five h„ndFed dollars ($2,500.00) fe 11 eitations, serninar- fees and fines y be imposed for- each and every violation (d)(121 Additionally, any person found in violation of this division Article, &ha41 >na 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 CcSuncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of , 2 , at o'clock . M. 1st R�AD(FIG c lL- 0 g PUBLIC HEARING 3 rd READING NOT APPROVED REFEPRED PASSED Mayor, City of South Bend, Indiana Filed In Ck "W 8 Office M g 2 1 2008 joliu WORM CITY CLERK, 5Q. BEND, IN. ARTICLE 10. FIREARMS PROHIBITED ON CITY PROPERTY DIVISION 1. PUBLIC PLACES WHERE FIREARMS ARE RESTRICTED OR PROHIBITED Sec. 13-94. Definitions. The following definitions shall apply throughout this Article: (a) Firearms 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 shall 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 be 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) WF R+ IRce Cil 1 y CL�I s co a�10 e IN. 1400 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD Soum BEND, INDIANA 46601 -1830 PHONE 574 1235 -9241 FAx 574/235 -9892 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADEAN M. DEROSE CITYATroRNEY May 20, 2008 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy Rouse ` po, President, South Bend Common Council 4th 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. METEIVER 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 Bill 22- 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 IT 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 acid 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. I sF kEADN(G S-- 2-1 -J 9 PUBLIC HEARIRG 3 rd READNG O T APPROVED It E: =E BRED PASSED Mayor, City of South Bend, Indiana -MIAY L2 ' 200 JOHN 1000RDE CITY CLERK, SO. REND, IN. COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. Sour-H BEND, INDmA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235 -9216 FAx 5741235 -9928 TDD 574/ 235 -5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER June 4, 2008 Mr. Timothy Rouse President, South Bend Common Councils 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, M. Catherine Fanel Controller HI rN �. 111 _____,11,,1,1 JUN - 4 2008 Ukt rj WORIDE CITY CL E K, SO. F E",1911 JANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR Humm RESOURCES INFORMAnoNTECHNOLOGY 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 2008 INCLUDING $500,000 FROM GENERAL FUND ( 4101), $100,000 FROM PARKS AND RECREATION GENERAL FUND ( #201), 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 49787 -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 ( 4408) $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 CAncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of 11 2 , at o'clock . M. City Clerk Approved and signed by me on the day of o'clock . M. 1st READING (6 ci_o 6 PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED. PASSED day 2 , at Mayor, City of South Bend, Indiana titled In Cleff s 0111ce JUN - 4 2008 JOHN VOORDE CITY CLERK, SO. SEIM, IN. Additional Appropriations Operating Expenditures lGeneral Fund I Mayor $12,000 US 31 Coalition IACT Dues 3,589 B &D Consulting 5,000 Controller Consulting work for HEA 1001, tax anticipation warrants, 100,000' budget and operations review. Code Enforcement El Buen Vecino demolition 250,000 $370,589 Park & Recreation General Fund Park Maintenance Ice Rink Repairs $45,000 Ecc Development Income Tax I Mayor Grant -Real Services 1st of 3yr commitment $50,000 unity & Economic Development Near Northwest Neighborhood - operations - annual grant $30,000 NNRO- operations - annual grant $75,000 La Casa de Amistad $20,000 Neighborhood Resource Corporation $117,000 Homeless Shelter $13,190 Total $305,190 Fil; d In Cleo k' 011ce J U N - 4 2008 Jo"Jn VOORDE r rm ri FMK_ , E I1D. 114. COUNTY -CITY BLIILDING 227 W. JEFFERSON BLVD. SOVI'FI BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-9216 FAx 574/235 -9928 TDD 574/ 235 -5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER June 4, 2008 Mr. Timothy Rouse 0 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, 9V - M. Catherine Fanello Controller Filed fn Clea F6s Office ice JUN - 4 2008 CITY CLERK. SO. i JANICE L. HALL JOHN MURPHY ROBERTALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATIONTECHNOLOGY 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 ( 4101), $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 ( 9622), $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 ( 4642) $820,000 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of 2 , at o'clock . M. PUBLK HEARING 3 rd READYING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Hod Ire Clrurkk's 0-MV",31 J U N - 4. 2008 JOHN VOORDE CITY CLERK, S0, BEND, M. Additional Approprra Capital Projects Engineering Bridge Beautification (paid for by Transpo. City received funds in February and March of 2008.) Good Neighbors Program Lamppost Program State Grant- Riverwalk (IUSB)- expensed 100% reimbursed by State. Police AFIS- Automated Fingerprint Information System- upgrade (local match to federal dollars) Total Engineering Federal match money for Miami Reconstruction. Engineering Federal Match for Eddy Street/LaSalle & Colfax Construction Street Wastewater Paving - additional needed this year. 2007 Prinicipal and Interest Payment CSO bond issued late 2007. 21st Century Pilot Interceptor Cleaning DAF Polymer System Backwater Gates Total Remittance Processor Letter Opener V% Well 3A at Olive - Replaceme t`► RAMAR Fas TracklT Device Z��$ O' ;,.k (General I 416,508 500,000 25,000 250,000 176,000 $1,367,508 IMaior Moves I $1,000,000 Local Roads & Streets $140,000 IMotor Vehicle Highway _I $300 (Sewaae Works Fund I $350,4381 150,000 250,000 220,000 200,000 $1,170,438 Water Capital Fund $38,600 $6,000 $130,000 $2,900 $177,500 CAUNTY -CITY BUILDING 227 W JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9216 FAx 5741235 -9928 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUEcn, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER June 4, 2008 C' Mr. Timothy Rouse President, South Bend Common Council 4`h 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, M. Catherine Fanello Controller Filed 1P Clelt6S C), 0 JUN 4 2008 .101HIN CITY CLERK, 50, BEND, !H. JANICE L. HALL ,JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMAnoNTECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9801-07 TO CHANGE THE FUND FROM WHICH FUNDS ARE TO BE APPROPRIATED FROM THE MOTOR VEHICLE HIGHWAY FUND ( 9202) TO MAJOR MOVES FUND ( 9412) 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 ( 4412), 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 ( 4202), 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 CommomCouncil and Approval by the Mayor. 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. 1st READING —�; PUSLIC HEARING 3 rd READiNG NOT APPROVED REFERRED PASSED day 2 , at Mayor, City of South Bend, Indiana Hed tB �7 1 JUN -42008 j ,,,N VGGRGGr IIl. CITY CLE +K: S0. —ND COUNTY- -CITY BUILDING 227W. JEFFERSON BLVD. SouTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235 -9216 FAx 574/235 -9928 TDD 574/ 235 -5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER June 4, 2008 President Timothy Rouse South Bend Common Council 400 County -City Building South Bend, IN 46601 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 tile of Communications Specialist L 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. a R _ ice JUN JUN - 2008 M -. VSincere , ne Fanello Controller JANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASsIsTANr CONTROLLER DIRECTOR HUMAN RESOURCES INFORMAnoNTECHNOLOGY 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 NIA 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 a full -time position with a salary of $46,898 to a part time position at a rate of $22.00 per hour. Section W. 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. A, 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 sr READING ( —g _o g PUBLIC NEARING 3 rd READING I,dOT APPROVED RR E D %SSED Filed in Clor`c'4i 0 ;;w JUN - 4 2008 JOiir! VCC)RDE: I CITY CLERK, SCI. BEND, IN. 1200 COUNTY -CITY BUILDING 227W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR May 21, 2008 6, � � 10 C) 0 V 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, a__ Donald E. Inks Director Economic Development cc: Jeff Gibney Don Inks Filed In Clerk's Office M AY 2 1 2008 JOHN SO ASE D, IN. CrrY CLERK, COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 574/235 -9371 ELIZABETH LEONARD ) FAX: 5741235 -9697 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 5237694x2 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, pursuant 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 52376942 - 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. BDDB01 52376942 . - 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. BDDB01 52376942 - 4 - COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA 1 � r..a-1t Y Soul ",, \Q* Member of the Common Council I' 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 S -2-7 ".� PUBLIC HEARING 3,d READING NoS APgiL©VED REFERRED pASSED BDDBOI 5237694v2 Mayor, City of South Bend, Indiana -5- 2008, at F ;',t?d In Clerk's Off ice 2003 .cct. EXHIBIT A [FORM OF LEASE] BDDBOI 5237694v2 19-Iflod in office 2008 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 Page Section1. Definitions ...................................................................................... ............................... 1 Section2. Lease of 2008 Project ..................................................................... ............................... 2 Section3. Rental Payments ............................................................................. ............................... 2 Section 4. Rental Payment Dates and Amounts .............................................. ............................... 2 Section5. Abatement of Rent ......................................................................... ............................... 3 Section6. Net Lease ........................................................................................ ............................... 4 Section 7. Nonliability of Authority ................................................................ ............................... 4 Section8. Alterations ...................................................................................... ............................... 4 Section9. Insurance ........................................................................................ ............................... 4 Section 10. Use of Insurance and Condemnation Proceeds ............................ ............................... 5 Section 11. Liability Insurance ........................................................................ ............................... 5 Section 12. General Insurance Provisions ....................................................... ............................... 5 Section 13. General Covenants ....................................................................... ............................... 5 Section14. Option to Purchase ....................................................................... ............................... 6 Section15. Defaults ........................................................................................ ............................... 6 Section16. Notices ........................................................................................... ..............................6 Section 17. Construction of Covenants ..................••••. 7 Section 18. Successors or Assigns .................................................................. ............................... 7 Exhibit A 2008 Project Description BDDB01 5233044v2 SECOND ADDENDUM TO LEASE This Second Addendum to Lease entered into as of the I" 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. BDDB01 5233044v2 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. BDDBOI 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 2008 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 BDD1301 52330442 -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, BDDBOI 523304v2 - 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 2008 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 BDDB01 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 2008 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 BDDBO1 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. BDDB01 52330442 - 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. ATTEST: Secretary- Treasurer ATTEST: Secretary SOUTH BEND REDEVELOPMENT AUTHORITY President SOUTH BEND REDEVELOPMENT COMMISSION President BDDBOI 5233044x2 8 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known by me to be the President and Secretary- Treasurer, respectively, of the South Bend Redevelopment Authority, and acknowledged the execution of the foregoing 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. WITNESS my hand and Notarial Seal this day of (SEAL) My commission expires: Resident of St. Joseph County, Indiana (Written Signature) (Printed Signature) 9 "I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document unless required by law." Randolph R. Rompola. This instrument was prepared by Randolph R. Rompola, BAKER & DANIELS LLP, 202 South Michigan Street, Suite 1400, South Bend, Indiana 46601. f, are ; >s ' gf k ^a BDDB01 5233044v2 - 9 - 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. Filed in vey� s 10'C13 AY 2 1 2008 BDDB01 5233044x2 B -1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1 Waggoner Farm Development, L.P. 51270 Mayflower Road South Bend, IN 46628 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 9.77 acres located in German Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE.COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1 !8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, INCLUDING LOT 3 OF CHURCH'S MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0038244 IN THE OFFICE OF RECORDER OF SAID COUNTY AND BEING PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE THE NEXT TWO COURSES ALONG THE BOUNDARY OF SAID LOT 3: (1) SOUTH 89 DEGREES 36 MINUTES 30 SECONDS EAST, A DISTANCE OF 287.61 FEET; (2) THENCE SOUTH 00 DEGREES 00, MINUTES 23 SECONDS EAST, A DISTANCE OF 203.85 FEET TO THE NORTH LINE OF PARCEL II AS DESCRIBED IN A WARRANTY DEED RECORDER UNDER INSTRUMENT NUMBER 0807739 IN THE OFFICE OF SAID RECORDER; THENCE EAST, 1139.07 FEET TO A POINT 274.00 FEET WEST OF THE EAST LINE OF PARTITION LOT NO. 2 AS SHOWN ON THE PARTITION MAP IN DEED RECORD 56, PAGE 271 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 253.00 FEET; THENCE WEST 1447.2 FEET TO THE WEST PRESCRIBED RIGHT -OF -WAY LINE OF MAYFLOWER ROAD; THENCE NORTH 00 DEGREES 14 MINUTES 27 SECONDS WEST PARALLEL WITH THE NORTH - SOUTH CENTERLINE OF SAID SECTION, A DISTANCE OF 253.00 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 3; THENCE SOUTH 89 DEGREES 50 MINUTES 53 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3, THENCE NORTH 00 DEGREES 14 MINUTES 27 SECONDS WEST (RECORD NORTH 00 DEGREES 00 MINUTES 03 SECONDS WEST PER SAID CHURCH'S MINOR SUBDIVISION), A DISTANCE OF 203.85 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 9.77 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS AND RIGHT -OF -WAY OF RECORD. ALL BEARING AND DIMENSIONS ARE PER SAID RECORDED INSTRUMENTS REFERENCED HEREIN AND AN ADJACENT ANNEXATION TO WEST PER ORDINANCE NUMBER 9638 -05 DATED NOVEMBER 28, 2005. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. MEMBER OF THE COMMON 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 o'clock m. 1 st READING (4 —ok-Z V PUBLIC HEARING 3 rd READING NOT APPROVED REFEIRRED PASSED Filed in lellz's Office APR J0W41 VV.Hl:E CITY CLERK, SO, E✓vio, w, 2 , at ayor, 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 property owner(s), or Attorney for all property owner(s) Signed: Jo n I, 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 Filed In Clerk's Office APR - 9 2008 JC!jid ep 6N ID, M CITY CLER T; ADAM S3o. ea -- "� 275.74- s7s.7 1 TN EP 'MINOR 9U0. 123.7 16].Tt /63.75 rr •1 /G3.75 163.7 2G(;' 1 4A MAJOR 9U8 I:; I �• I f \ ia•01 /1.11 ', I 1 y� I " o�J r: •: I a: W m° 4 w •r xr, n I M n [ Op rl. 12).82 Vj 111.77 0 04-1009 I „1 V• h V K1 Qa� ' nl 4 -0147.0 e I ri, I 163.7 28759 N ��•,' p i N -' P.o,& F 4v `- � 1 n I 2 26763 Oe1 N, cc Tlc"Irr-i 113q.o71 2 1 ao.t J) ZO4` PA l/ P {.ro147.19cj TEA+ l��n)DA/Ll= 3807.53 c .. PA .0.1414-) PA /0.13 -PA /o. 13 - n PA j/. / n /1 41 coltI'Ic�J1T 'l s 12.SZ /° _ H ill �- •�•- u.._a� �E2E�_al���w• — ��- �.►a_�12�ai1 /.z�;�� 74� - 0Pf.- 0/470.4 Q' 14 7. 04� -' P 11.18 z PA l4 �T' ., l4M %L-- Fv avl- crry Lrmlrs .. E%4ST /2t6J TT 0.G Wa•/ urJG_ of AAl}`I R.a�rJElL (2opZ 40 ]]fiB0 •1:�"f- I• fr / 1-014722 nAn PA /5 II > PA 15 0.a -loa. I I PA k 0147. /B F PA /le arsi: F• 01.7.214 Q „ I �9t I 4, h 2V tr, J PA /7 -0 /47.x0 rl PA /7 PA- 0/47.08 .98 "1 �.�; PA- 0./4708 17 7 90 %47 f.. PA /B 33c/ PA /B 'L PA -o /4206 PA- 014706 -014717 PA 20 u s... '�.° 200. I ��,,��++��r:• eua I _ s6v.s ecr's — 3-H 3 -1TG ON2d) \1 Kee •f1,r THE t10WELL caMr�NT 1>('fF'j: '1'•100' GERMAN T%WR GERMAN Filed in Clerk's Office 1 /2 N.E.1 A S E C. 17 T. 3 8 N. R.2 E. ''' 1 l SEC. 17C . E. /2 N'.E. A rF1 APR - 9 2008 ' J06N YOCfiDE ' 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT June 18, 2008 South Bend Common Council 227 W Jefferson South Bend, IN 46601 JEFFREY V. GIBNEY EXECUTIVE DIRECTOR �); t� NoI o� -sp RE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A CERTAIN RESOLUTION AND AMENDMENT TO THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA TO BE ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION Dear Council am requesting that this resolution be heard by the Council on the June 23, 2008 meeting. This is for the expansion of the Airport Economic Development Area to include the remainder of Portage Prairie. Representatives of Economic Development and from Holladay Corporation will present to the Council that the expansion of the AEDA to Include Portage Prairie; is expected to create $6.1 million in real estate taxes, is expected to create 3800 — 4400 jobs, is expected to generate $ 380 million in private investment. If the Council approves this resolution, a public hearing will be held at the June 25, 2008 Redevelopment Commission for final approval. Thank you, Nic Witwer Economic Development Planner COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 5741235 -9660 5741235 -9371 FAx: 574/235 -9697 JC';';id VOur�?c CITY CLERK, SO. 6{: A !N. FINANCIAL & PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235 -9371 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A CERTAIN RESOLUTION AND AMENDMENT TO THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA TO BE ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36 -7 -14 (the "Act "), on June 25, 2008, will consider for adoption its Resolution No. 2456 (the "Resolution "); a copy of the Resolution is attached hereto and made a part hereof as Exhibit "A "; WHEREAS, the Resolution designates that the boundaries of the Airport Economic Development Area ( "Airport Area ") should be further expanded and amended to include a new area described as Expansion No. 24 (the "Plan Amendment "); and WHEREAS, the Commission, which is a duly designated and acting official planning body for the City, on June 25, 2008, will consider for adoption and approval the Resolution; and WHEREAS, the Common Council of the City as the municipal legislative body of the City now desires to approve Expanion Area Number 24 of the Resolution in order to assist the Commission to proceed with the redevelopment of the area as expanded; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. Expansion Area Number 24 of the Resolution attached hereto is in all respects hereby approved, ratified and confirmed. 2. Any Commission determination of the Resolution that the Airport Area is amended and expanded pursuant to the Act is hereby approved. 3. This Expansion Number 24 of the Airport Economic Development Area shall be in full force and effect from and after its adoption by the Common Council of the City, approval by the Mayor, and compliance with the procedures require by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 23rd day of June, 2008. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA . PRESENTED NOT APPROVI ADOPTED , By:,; Member of the Common Council Signing of this bill is only to provide an opportunity for public hearing and Council action on this issue. 2008 JGIiiJ v0 0ROE CITY CLERK, so. BEHO, IA! 1200 COUNTY -CITY BUILDING 227W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235-9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT ,JEFFREY V. GIBNEY ExECUTIvE DIRECTOR June 18, 2008 South Bend Common Council 1 -, \ \1 �> - 0 227 West Jefferson, 4"' Floor South Bend, IN 46601 Members of the Common Council: I am pleased to submit this resolution to the Common Council to approve and adopt the East Bank Village Master Plan — Phase 1. The East Bank Village Master Plan — Phase 1 will be amended to the South Bend Central Development Area (SBCDA) Plan which currently has three sub areas, one of which is the East Bank neighborhood. In order to accomplish this, a declaratory resolution was passed by the Redevelopment Commission on June 13, 2008. Following this, the Area Plan Commission approved the Master Plan on June 17, 2008. Upon Common Council's approval, the Plan will be sent back to the Redevelopment Commission for a confirmation resolution. The East Bank Village neighborhood currently lacks a market - driven strategic plan. The East Race and the St. Joseph River are underutilized assets and can act as catalysts. Prime vacant land is also available along both the East Race and the St. Joseph River. The re -use of under utilized buildings and infill sites offer redevelopment opportunities. Given this, the City initiated a process with the assistance of JJR Group and Holladay Properties to develop a Master Plan for the area. The East Bank Village neighborhood has the potential to become a strong, vibrant, urban neighborhood with an exciting mix of live -play uses that will be attractive to recent college graduates, young couples, retirees and the technology and arts communities. The new East Bank Village Master Plan — Phase 1 will help accomplish the above stated goal and provide guidance to the public and private sectors on the future development of the East Bank Village area. Please contact meat 282 -1110 or by email at jkain southbendin.gov before the June 23rd Council meeting with any questions you may have about the Plan. Thank you. Sincerely, JAM Kain Division of Economic Development COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 574/235 -9660 5741235 -9371 FAx: 574/235 -9697 Filed In Clerk's Office JUN 1 8 2008 saHra VOORDE CITY CLERK, S0. BEND, IN. FINANCIAL & PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235 -9371 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE EAST BANK VILLAGE MASTER PLAN- PHASE 1 WHEREAS, in 2006, City Plan, a comprehensive plan for the City of South Bend (the "City ") was adopted by the St. Joseph County Area Plan Commission (the "Plan Commission ") and the Common Council of the City, which recommends that area - specific plans be developed for portions of the City to provide strategic direction in the future growth and development of that area; and WHEREAS, the City of South Bend through its Redevelopment Commission (the "Commission ") and Holladay Properties have undertaken the responsibility to prepare a Master Plan for the East Bank of South Bend; and WHEREAS, the East Bank Village Master Plan — Phase I is a strategic development plan that was created with input from a variety of stakeholders, including East Bank Village residents and businesses; and WHEREAS, the East Bank Village Master Plan — Phase I contains a detailed land use plan for the development of the area with public and private sector investment opportunities and a projected development schedule; and WHEREAS, on June 13, 2008, the Commission approved and adopted its resolution entitled "Resolution of the City of South Bend, Indiana, Redevelopment Commission Designating and Declaring an Amendment to the Redevelopment Plan for the South Bend Central Development Area" (the "Declaratory Resolution "); and WHEREAS, the Declaratory Resolution approves an amendment (the "Plan Amendment ") to incorporate the East Bank Village Master Plan - Phase I into the redevelopment plan (the "Original Plan") for the South Bend Central Development Area (the "Area "), (the Original Plan, as amended by the Plan Amendment, shall hereinafter be referred to as the "Redevelopment Plan"); and WHEREAS, on June 17, 2008, the Plan Commission adopted and approved its resolution, a copy of which is attached hereto, determining that the Declaratory Resolution and the Redevelopment Plan, including the Plan Amendment, conform to the plan of redevelopment for the City and approving, ratifying and confirming the Declaratory Resolution and the Redevelopment Plan, including the Plan Amendment, and designated such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Redevelopment Plan, including the Plan Amendment, as required by Section 16(a) of the Act (the "Plan Commission Order "); and BDDB01 5268511v2 WHEREAS, Section t6(b) of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and WHEREAS, the Common Council of the City (the "Common Council ") is the legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the acquisition and redevelopment of the Area; and WHEREAS, the East Bank Village Master Plan -Phase 1, which is attached hereto and incorporated herein, contains all the elements necessary to strategically guide development in the East Bank of the City's downtown area, and is appropriate and in the best interest of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I: The Plan Commission Order attached hereto is hereby approved, ratified and confirmed in all respects. SECTION I1: That the East Bank Village Master Plan -Phase 1, a true and complete copy of which is attached hereto and incorporated herein shall be and hereby is approved. SECTION III: That this Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this day of , 2008. PRESENTED 140 ',: ©vr-D. �DOPTE�. BDDB01 5268511v2 COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: Member of the Common Council Signing of this bill is only to provide an opportunity for public hearing and Council action on this issue MZIn ��i�e - 2 - - IN . Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 June 18, 2008 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 po RE: A proposed ordinance and site development plan of Orangensaft, LLC to zone from LI Light Industrial District and GI General Industrial District to GI General Industrial District, property located west of 2801 Main Street, east of the former railroad right -of -way, south of 2729 Main Street, and north of 3107 Main Street., City of South Bend - APC# 2474 -08 Dear Council Members: I hereby Certify that the above referenced ordinance of Orangensaft, LLC was legally advertised on Thursday, June 5, 2008 and that the Area Plan Commission at its public hearing on Tuesday, June 17, 2008 took the following action: Upon a motion by John DeLee, being seconded by Karl King and unanimously carried, the proposed ordinance and site development plan of Orangensaft, LLC to zone from LI Light Industrial District and GI General Industrial District to GI General Industrial District, property located west of 2801 Main Street, east of the former railroad right -of -way, south of 2729 Main Street, and north of 3107 Main Street., City of South Bend is sent to the Common Council with a favorable recommendation subject to written commitments limiting all vehicle impoundment, processing, and salvage be conducted within the western buiding. The reuse of the existing buildings for industrial and warehousing is a logical extension and practical reuse of the existing industrial area. The most intense of the industrial uses, with the help of the written commitment, shall be confined to inside the western building. This should help buffer the adjacent residential area from the vehicle salvage operation, as well as minimize the environmental concerns that are associated with vehicle salvage. The proposed parking lot should also help buffer the residential area from the building in which the vehicle processing and salvage will take place. PLEASE NOTE that the Ordinance has been amended by the petitioner to show a location is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, John W. Byomi JWB:sr Attachment CC: Orangensaft, LLC Danch, Hamer & Associates Filed In Clerk's OffIC8 I I! N 1 8 2008 X.Hil! 4000R7E CI B0. BF?41), IN. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2474 -08 Owner: Orangensaft, LLC Location: West of 2801 Main Street, east of the former railroad right -of -way, south of 2729 Main Street, and north of 3107 Main Street. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LI Light Industrial District and GI General Industrial District to GI General Industrial District to allow a vehicle impoundment lot and vehicle processing and salvage facility. Land Uses and Zoning: On site: The site currently consist of a wooded lot (between Woodside and Oakside) and an existing industrial building. North: To the north is a business zoned LB Local Business District. East: To the east are a few single family homes zoned SF2 Single Family and Two Family Residential District and various businesses zoned LB Local Business District and GB General Business District. South: To the south is an auto salvage facility zoned GI General Industrial. West: To the west is the abandoned railroad and across the railroad right -of -way are two industrial buildings zoned GI General Industrial District. District uses and development standards: The "GI" General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial / mixed use districts by less intense industrial districts. Site plan description: The site is approximately 8.20 acres. The site plan indicated four lots. Lots A and B are reserved for future development. Lot C is approximately 1.60 acres. The site plan indicates an existing 14,000 square foot building. The building contains both warehousing and office space. Lot D is approximately 4.10 acres and contains an existing 80,000 square foot building. The building will be used for auto salvage, warehousing and office space. Variances are required to bring the site into compliance. The staff has not made a recommendation on the variances yet. A residential buffer yard is being provided between the site and adjacent residential area to the east. Traffic and transportation considerations: Main Street has four one -way lanes. Oakside St. and Woodside St. both have two lanes. Utilities: The site will be serviced by municipal utilities. Orangensaft, LLC #2474 -08 Pagel of 3 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: City of South Bend - City Plan November 2006 Economic Development Policy ED 1.2 Encourage reuse of abandoned and underutilized land and structures. The rezoning is consistent with the Comprehensive Plan's Economic Development Policies. Land Use Plan: City of South Bend - City Plan November 2006 The Comprehensive Plan's Future Land Use Map identifies this general area as Light Industrial. The - rezoning is consistent with the Comprehensive Plan's Future Land Use Map. 2. Current conditions and character: The site currently contains an existing building. The area is a mixture of industrial, commercial and residential in character. 3. Most desirable use: The most desirable use for the property is industrial. 4. Conservation of property values: The surrounding property values should not be affected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow the reuse and improvements to an underutilized and deteriorating building. Recommendation: Based on information available prior to the public hearing, the staff recommends this petition be sent to the Common Council with a favorable recommendation, subject to a written commitment limiting all vehicle impoundment, processing, and salvage be conducted within the western building. Analysis: The reuse of the existing buildings for industrial and warehousing is a logical extension and practical reuse of the existing industrial area. The most intense of the industrial uses, with the help of the written commitment, shall be confined to inside the western building. This should help buffer the adjacent residential area from the vehicle salvage operation, as well as minimize the environmental concerns that are associated with vehicle salvage. The proposed parking lot should also help buffer the residential area from the building in which the vehicle processing and salvage will take place. Orangensaft, LLC #2474 -08 Page 2 of 3 Rezoning from: "LI" LIGHT INDUSTRIAL & "GI" GENERAL INDUSTRIAL to "GI" GENERAL INDUSTRIAL Zoning Key SOUTH BEND "SF2" SINGLE FAMILY &TWO FAMILY SOUTH BEND "OB" OFFICE BUFFER SOUTH BEND "MU" MIXED USE SOUTH BEND "LB" LOCAL BUSINESS SOUTH BEND "GB" GENERAL BUSINESS SOUTH BEND "U" LIMITED INDUSTRIAL ® SOUTH BEND "GI' GENERAL INDUSTRIAL r' .; i 1 inch equals 330 feet APC # 2474 -08 Orangensaft, LLC #2474 =08 Page 3 of 3 REVISED 5J23J08 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT -OF- WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614 COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT -OF -WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614, IS PRESENTLY ZONED "LI" LIGHT INDUSTRIAL DISTRICT AND "GI" GENERAL INDUSTRIAL DISTRICT AND CONTAINS AN EXISTING INDUSTRIAL BUILDING AND OPEN PARKING AREA AND STORAGE AREAS. ALL THE PROPERTIES ARE REQUESTED TO BE REZONED TO THE "GI" GENERAL INDUSTRIAL DISTRICT TO ALLOW FOR FUTURE PERMITTED INDUSTRIAL USES INCLUDING A VEHICLE IMPOUNDMENT LOT AND VEHICLE PROCESSING AND SALVAGE FACILITY. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: AWR TTC1N T ORDINANCE NO. 9495 -04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT PART OF THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF SAID QUARTER SECTIONS INCLUDING LOTS AND VACATED STREETS AND ALLEYS LOCATED IN A PORTION OF THE PLAT OF "OAKSIDE THIRD ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 32 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICURALY DESCRIBED -AS: BEGINNING AT THE NORTHEAST CORNER OF LOT # 95 OF SAID PLAT: THENCE S. 000- 28' -55" W. ALONG THE WEST LINE OF A 14 FT. WIDE PUBLIC ALLEY A DISTANCE OF 451.29 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF WOODSIDE STREET AS IT PRESENTLY EXISTS; THENCE ALONG SAID PRESENT SOUTH LINE, N. 89 °- 17' -22" E. A DISTANCE OF 178.23 FT. TO THE WESTERLY RIGHT -OF -WAY LINE SOUTH MAIN STREET; THENCE ALONG SAID WESTERLY LINE FOR THE NEXT TWO (2) COURSES, S. 00 °- 35 -50" W. A DISTANCE OF 217.27 FT. AND S. 050- 04' -41" W. A DISTANCE OF 400.98 FT.; THENCE S. 89 °- 23' -31" W. A DISTANCE OF 570.94 FT. (REC. 570.10 FT.) TO A POINT ON THE EASTERLY RIGHT - OF -WAY LINE OF THE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD); THENCE ALONG SAID EASTERLY LINE AROUND A 5781.44 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 1127.10 FT. TO THE END OF A CHORD WHICH BEARS N. 170- 53' -25" E. AND HAVING A DISTANCE OF 1125.31 FT. TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF OAKSIDE STREET; THENCE N. 89 °- 25' -27" E. ALONG SAID SOUTH LINE A DISTANCE OF 88.55 FT. TO THE POINT OF BEGINNING. CONTAINING 8.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. K BE AND THE SAME HEREBY ESTABLISHED AS "GI" GENERAL INDUSTRIAL DISTRICT. QVI -SYMX TT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. ATTEST: CITY CLERK MEMBER OF THE COMMON dOUNCIL Signing of this bill is only to provide an opportunity for public hearing and Council action on this issue. 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 AT O'CLOCK M. 9 st MDR! PUBLIC HEARING 3 rd READING NOT API ?'WVW5 R> � ,P -5 RIB, CITY CLERK DAY OF , 2 MAYOR, CITY OF SOUTH BEND, INDIANA Filed In Clerk's Of ic8 =29 dolitl VOGPDE CITY CLERK, SO, BEND_ I ". LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF SAID QUARTER SECTIONS INCLUDING LOTS AND VACATED STREETS AND ALLEYS LOCATED IN A PORTION OF THE PLAT OF " OAKSIDE THIRD ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 32 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICURALY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT .# 95 OF SAID PLAT: THENCE S. 000-281-55" W. ALONG THE WEST LINE OF A 14 FT. WIDE PUBLIC ALLEY A DISTANCE OF 451.29 FT. TO THE SOUTH RIGHT -OF -WAY LINE OF WOODSIDE STREET AS IT PRESENTLY EXISTS; THENCE ALONG SAID PRESENT SOUTH LINE, N. 89 °- 17' -22" E. A DISTANCE OF 178.23 FT. TO THE WESTERLY RIGHT -OF -WAY LINE SOUTH MAIN STREET; THENCE ALONG SAID WESTERLY LINE FOR THE NEXT TWO (2) COURSES, S. 00 °- 35' -50" W. A DISTANCE OF 217.27 FT. AND S. 050- 04' -41" W. A DISTANCE OF 400.98 FT.; THENCE S. 89 °- 23' -31" W. A DISTANCE OF 570.94 FT. (REC. 570:10 FT.) TO A POINT ON THE EASTERLY RIGHT - OF -WAY LINE OF THE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD) ; THENCE ALONG SAID EASTERLY LINE AROUND A 5781.44 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 1127.10 FT. TO THE END OF A CHORD WHICH BEARS N. 170- 53' -25" E. AND HAVING A DISTANCE OF 1125.31 FT. TO A. POINT OF INTERSECTION WITH THE SOUTH LINE OF OAKSIDE STREET; THENCE N. 890- 25' -27" E. ALONG SAID SOUTH LINE A DISTANCE OF 88.55 FT. TO THE POINT OF BEGINNING. CONTAINING 8.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. File -A ire Clerk's 01zicO h4 AY 2 '� 20�Q CITY CLFR , $0. BEND, !N. DATE FILED APPLICATION NO. c�) L/ 7 DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT —OF —WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: ORANGENSAFT, LLC 202 LINCOLNWAY EAST, SUITE 200 MISHAWAKA, INDIANA 46544, PHONE NUMBER (574) 284 -2610. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "LI" LIGHT INDUSTRIAL DISTRICT & "GI" GENERAL INDUSTRIAL DISTRICT TO: "GI" GENERAL INDUSTRIAL DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). PERMITTED INDUSTRIAL USES INCLUDING A VEHICLE IMPOUNDMENT LOT AND VEHICLE PROCESSING AND SALVAGE FACILITY. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 3*z" x 11" FORMAT. A SIGNED, MICHAEL P. MORRIS FOR ORANGENSAFT, LLC 202 LINCOLNWAY EAST, SUITE 200 MISHAWAKA, INDIANA 46544, PHONE NUMBER (574) 284 -2610. PETITIONED PREPARED BY: DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628, CONTACT PERSON (IF DIFFERENT): PHONE NUMBER (574)- 234 -4003 filed to Clerk's Office M AY 2 9 2008 Joiitd V000C CITY CLERK, SO, 04D, IN.