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HomeMy WebLinkAbout08-26-13 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, AUGUST 26, 2013 1. INVOCATION - REV. SYLVESTER WILLIAMS 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 13 -55 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL HONORING THE DISTRICT 11 SOUTH BEND SENIOR LEAGUE GIRL'S SOFTBALL TEAM - THE 2013 SOFTBALL .WORLD CHAMPIONS ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF - KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 33 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 34 -13 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 2013 OF $124,256 FROM GENERAL FUND ( #101), $35,000 FROM PARKS & RECREATION FUND ( #201), $110,000 FROM MOTOR VEHICLE HIGHWAY FUND ( #202), $10,752 FROM GIFT, DONATION, BEQUEST FUND ( #217), $1,665,000 FROM EMS CAPITAL IMPROVEMENT FUND ( #288), $500 FROM HAZMAT FUND ( #289), $40,460 FROM INDIANA RIVER RESCUE FUND ( #291), $184,502 FROM COUNTY OPTION INCOME TAX FUND ( #404), AND.$60,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND ( #408) 35 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $82,000 FROM SOLID WASTE FUND ( #610), $180,000 FROM SOLID WASTE DEPRECIATIONS FUND ( #611), $739,667 FROM WATER WORKS BOND CAPITAL FUND ( #623), $336,502 FROM SEWAGE WORKS GENERAL FUND ( #641) $274,502 FROM SEWAGE WORKS CAPITAL FUND ( #642), $1,080,895 FROM SEWAGE WORKS SINKING FUND ( #649), $2,438,088 FROM SEWAGE WORKS DEBT SERVICE RESERVE FUND ( #653), $81,065 FROM 2013 SEWER REFUNDING BOND FUND ( #664) AND $611,752 FROM CENTURY CENTER OPERATING FUND ( #670) 41 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $246,770 FROM CENTURY CENTER CAPITAL FUND ( #671) 42 -13 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 2013 OF $6,074,038 FROM EMS CAPITAL IMPROVEMENT FUND ( #288) 40 -13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 14 -56 OF CHAPTER 14, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TEMPORARY RESIDENTIAL ONE -DAY CONDITIONAL USE PARKING PERMIT PROCEDURES AND FEES AND SEASONAL CONDITIONAL USE LAWN PARKING PERMIT 8. BILLS, THIRD READING TIME: BILL NO. 33 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 34 -13 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 2013 OF $124,256 FROM GENERAL FUND ( #101), $35,000 FROM PARKS & RECREATION FUND ( #201), $110,000 FROM MOTOR VEHICLE HIGHWAY FUND ( #202), $10,752 FROM GIFT, DONATION, BEQUEST FUND ( #217), $1,665,000 FROM EMS CAPITAL IMPROVEMENT FUND ( #288), $500 FROM HAZMAT FUND ( #289), $40,460 FROM INDIANA RIVER RESCUE FUND ( #291), $184,502 FROM COUNTY OPTION INCOME TAX FUND ( #404), AND $60,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND ( #408) 35 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $82,000 FROM SOLID WASTE FUND ( #610), $180,000 FROM SOLID WASTE DEPRECIATIONS FUND ( #611), $739,667 FROM WATER WORKS BOND CAPITAL FUND ( #623), $336,502 FROM SEWAGE WORKS GENERAL FUND ( #641) $274,502 FROM SEWAGE WORKS CAPITAL FUND ( #642), $1,080,895 FROM SEWAGE WORKS SINKING FUND ( #649), $2,438,088 FROM SEWAGE WORKS DEBT SERVICE RESERVE FUND ( #653), $81,065 FROM 2013 SEWER REFUNDING BOND FUND ( #664) AND $611,752 FROM CENTURY CENTER OPERATING FUND ( #670) 41 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $246,770 FROM CENTURY CENTER CAPITAL FUND ( #671) 42 -13 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 2013 OF $6,074,038 FROM EMS CAPITAL IMPROVEMENT FUND ( #288) 40 -13 THIRD READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 14 -56 OF CHAPTER 14, ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TEMPORARY RESIDENTIAL ONE -DAY CONDITIONAL USE PARKING PERMIT PROCEDURES AND FEES AND SEASONAL CONDITIONAL USE. LAWN PARKING PERMIT 9. RESOLUTIONS I:110"Im ` fy 13 -54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING A FINAL DETERMINATION AND CONFIRMING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6- 1.1 -10 -44 DATA REALTY NORTHERN INDIANA LLC PROJECT LOCATED AT 1400 E. ANGELA IN THE SIXTH COUNCIL DISTRICT 10. BILLS, FIRST READING BILL NO. 43 -13 FIRST READING ON A BILL TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 8551 -94 WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF EAST ST. VINCENT STREET RUNNING WEST FROM THE WEST RIGHT -OF -WAY LINE OF GEORGIANA STREET FOR A DISTANCE OF APPROXIMATELY 248 FEET TO THE EAST RIGHT -OF -WAY LINE OF EDDY STREET 44 -13 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 45 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 46 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 11. UNFINISHED BUSINESS A. REPORTS FROM THE AREA BOARD OF ZONING APPEALS 1. BILL 13 -56 - SPECIAL EXCEPTION - 818 THOMAS ST. 2. BILL 13 -57 - SPECIAL EXCEPTION - 1731 S. FRANKLIN 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10197 -12 and #10198 -12 passed on October 29, 2012) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2013. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 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 , 2013, at o'clock—. m. Approved and signed by me on the o'clock . m. FADING 11C FEAR{NG ! RLADNG J APPPOVEr3 LAUD: SSLD Deputy City Clerk day of Mayor, City of South , 2013, at Filed In Corks Office BUG 7 20113 p 1 O _ x CITY CLERK, SOU rk BEND, IN �, a m a s N 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 4660 1 -1 83 0 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 6, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2013 Mid -Year Budget Budget Transfer Ordinance — Substitute Bill Number 33 -13 Dear President Dieter, Enclosed please find Substitute Bill Number 33 -13 relative to the 2013 Mid -Year Budget Transfer Ordinance for the City of South Bend. This amendment requests a budget transfer of $100,000 of unspent dollars in the Parks & Recreation Fund to prepare comprehensive master plans for the zoo and parks department in connection with a potential parks bond. I will be available to discuss this substitute bill to the Common Council at the appropriate committee and council meetings. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7500. Regards, Mark W. Neal City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Deputy Chief of Staff Christal Brisco, Corporation Counsel ��Am rio- 34 -13 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 2013 OF $124,256 FROM GENERAL FUND ( #101), $35,000 FROM PARKS & RECREATION FUND ( #201), $110,000 FROM MOTOR VEHICLE HIGHWAY FUND ( #202), $10,752 FROM GIFT, DONATION, BEQUEST FUND (#217),$1,665,000 FROM EMS CAPITAL IMPROVEMENT FUND (#288),$500 FROM HAZMAT FUND ( #289), $40,460 FROM INDIANA RIVER RESCUE FUND ( #291), $184,502 FROM COUNTY OPTION INCOME TAX FUND (#404), AND $60,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2013 operating and capital budgets in 2012 (Ordinance #10197 -12, passed October 29, 2012) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2013 and set apart within the following designated funds for expenditures as follows: Fund Amount General Fund ( #101) $ 124,256 Parks & Recreation Fund ( #201) 35,000 Motor Vehicle Highway Fund ( #202) 110,000 Gift, Donation, Bequest Fund ( #217) 10,752 EMS Capital Improvement Fund ( #288) 1,665,000 Hazmat Fund ( #289) 500 Indiana River Rescue Fund ( #291) 40,460 County Option Income Tax Fund (#404) 184,502 Economic Development Income Tax Fund (#408) 60,000 TOTAL 2 23 4 0 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. k( m .� Member of the Common Coun Attest: r and Coot a� - + <,. his ? s rs�isa.4 �tiii�nCM.r City Clerk 1 st READING —7— PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2013, at o'clock—. m. Deputy City Clerk Approved and signed by me on the day of , 2013, at o'clock . m. Mayor, City of South Bend, Indiana and !n 016- Ws Office f a c CITY CLI*N: A d } s N 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 17, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2013 Mid -Year Budget Appropriation Ordinance — Civil City Funds Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on our mid -year review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on July 22, 2013 with 2nd reading, public hearing and 3rd reading scheduled for August 12, 2013. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7500. Regards, .J? Mark W. Neal City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Deputy Chief of Staff Christal Brisco, Corporation Counsel irleittc'8 Office.. PIP.. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $82,000 FROM SOLID WASTE FUND (#610),$180,000 FROM SOLID WASTE DEPRECIATIONS FUND (#611),$739,667 FROM WATER WORKS BOND CAPITAL FUND (#623),$336,502 FROM SEWAGE WORKS GENERAL FUND ( #641), ($274,502) FROM SEWAGE WORKS CAPITAL FUND (#642),$1,080,895 FROM SEWAGE WORKS SINKING FUND (#649),$2,438,088 FROM SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653),$81,065 FROM 2013 SEWER REFUNDING BOND FUND ( #664) AND $611,752 FROM CENTURY CENTER OPERATING FUND ( #670) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2013 operating and capital budgets in 2012 (Ordinance #10198 -1, passed October 29, 2012), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2013 and set apart within the following designated funds for operational expenses as follows: Fund Amount Solid Waste Fund ( 4610) $82,000 Solid Waste Depreciation Fund ( #611) 180,000 Water Works Bond Capital Fund ( #623) 739,667 Sewage Works General Fund ( #641) 336,502 Sewage Works Capital Fund ( #642) (274,502) Sewage Works Sinking Fund ( #649) 1,080,895 Sewage Works Debt Service Reserve ( #653) 2,438,088 2013 Sewer Refunding Bond Fund ( #664) 81,065 Century Center Operating Fund ( #670) 611,752 TOTAL $5,275,467 Section II. This ordinance shall be in full force an d effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: ki+i6ttiFFcE'�,1! ; >._.. ,. �..i 5i:`w �. ?t1.1b4i6 Council adao'n 0 UE s isv �, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2013, at o'clock—. m. Deputy City Clerk Approved and signed by me on the day of —O'clock—. m. 1st READING 7-7-1--13 PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED PASSED , 2013, at Mayor, City of South Bend ,Indiana CITYCt.�14. �� D D !UI I° INI Q I�I Ia c D w m1 3 c w J! I .J OIJ O LL LL N ILL LL IN ly mlN �I�I�I I� m. a6 a I Oy l�i� l oI I C IaI I °I ° IDI I� j) IT sI v!M �!�I Ialol?I IN �I IR, iN N Ia) I O)ii �I a > la II��N .LL d� I �oial �ol�oln yQ ao,Ia.� a -IaI. 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SOUTH BEND, INDIANA 4660 1 -1 83 0 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 17, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2013 Mid -Year Budget Appropriation Ordinance — Enterprise Funds Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on our mid -year review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I st reading on July 22, 2013 with 2nd reading, public hearing and 3rd reading scheduled for August 12, 2013. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7500. Regards, Mark W. Neal City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Deputy Chief of Staff Christal Brisco, Corporation Counsel j r?' In Olsrk's Office' u ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $246,770 FROM CENTURY CENTER CAPITAL FUND ( #671) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2013 operating and capital budgets in 2012 (Ordinance #10198 -1, passed October 29, 2012), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds of $246,770 in the Century Center Capital Fund ( #671) to purchase critical items for food and beverage operations and kitchen repairs at the facility as identified by SMG Corporation The funding is provided by a capital contribution of $575,000 from SMG. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2013 and set apart within the following designated funds for operational expenses as follows: Fund Amount Century Center Capital Fund ( #671) $246.770 TOTAL $246,770 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk D Member of the Common COMO. Yl��ti4ilV 4..i: •'; :wit wOG ii2�jl iUa:4 tit Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2013, at o'clock . m. Deputy City Clerk st READING IUBLIG HEARING. 3 rd READING vOT AP 'ROVED ZEFERPUD )ASSED Approved and signed by me on the day of o'clock —. m. , 2013, at Mayor, City of South Bend, Indiana FRIed In AUO. - 2 0 1 13 LC ILC LJE 4. IN _,_,___j 120ON CouNTY -Cuy BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 7, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4U' Floor South Bend, Indiana 46601 RE; 2013 Century Center Capital Fund Additional Appropriation Request Dear President Dieter, Enclosed please find a bill for an additional appropriation in the amount of $246,770 in Century Center Capital Fund ( #671). This bill requests an additional appropriation for costs associated with purchasing critical items for food and beverage operations and kitchen repairs at the facility as identified and requested by SMG Corporation. The funding is provided by a capital contribution of $575,000 from SMG as per the contract. I will be available to discuss this substitute bill with the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1' reading on August 12, 2013 with 2nd reading, public hearing and 3rd reading scheduled for August 26, 2013. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7500. Regards, c Mark W. Neal City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Deputy Chief of Staff Christal Brisco, Corporation Counsel Filed in Clerf? ` : r` -41ce. i R hp II'f ''j Q JOHN voo' ,,,.4. CITY CLERK, SOU, k.. ... 0, �h 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 2013 OF $6,074,038 FROM EMS CAPITAL IMPROVEMENT FUND ( #288). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2013 operating and capital budgets in 2012 (Ordinance #10197 -12, passed October 29, 2012) which included expenditures for various City operations. It is now necessary to appropriate additional funds of $6,074,038 from the EMS Capital Improvement Fund ( #288) for the construction of a Fire Department training tower, fire station and the purchase of other equipment. The expenditures will be paid for by a combination of cash reserves in the fund and a reimbursement from bond proceeds. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2013 and set apart within the following designated funds for expenditures as follows: Fund Amount EMS Capital Improvement Fund ( #288) $6,074,038 TOTAL 6 074 038 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk 0,uj /I / * : 1� ( F Member of the Common Counci r ^e. UUM11 �itf t2i #8 % iv�[FRwr Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2013, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. 1 st READING �__ L_L ,3 PUBLIC HEARING 3 rd READING NOT APPROVED P EFERKEQ PASSED , 2013, at Mayor, City of South Bend, Indiana Filed In Cjorktge office AUG j r W N d � 7 � d v � c m C C Qa Cl A � a a ` H LL N C mQ e0'"tD aoi L W C N O cc c m U a H'C me W cc � C c U 0 c O O N Q � m {�i V N d V 0 O A V N LL C O _i O L! W « a d c a m � L E i o o cl � 5! U 3 � c � 3 d m a c d iD m � •3 o d « o I o L m N LL 1 L � � d d N C � ~ � U O C � Z A ME a N Q C � m o >o � @ O N v N y � wm t o U U u a d c m � c 2 ci °u N N N O i LL LL Filed In Clork's Office AUG ? 20113 0 n m m m 0 N rn a 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 7, 2013 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson. Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2013 EMS Capital Fund Additional Appropriation Request Dear President Dieter, Enclosed please find a bill for an additional appropriation in the amount of $6,074,038 in EMS Capital Fund ( #288). This bill requests an additional appropriation for costs associated with the Fire training tower, Fire Station No. 5 and other equipment. The funding will be provided by a combination of cash reserves in the fund and a reimbursement made with bond proceeds. I will be available to discuss this substitute bill with the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on August 12, 2013 with 2nd reading, public hearing and 3rd reading scheduled for August 26, 2013. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7500. Regards, r Mark W. Neal City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Deputy Chief of Staff Christal Brisco, Corporation Counsel Filed In Clerk's Office m AUG W / 2013 i CBTY��•r� sly �� RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING A FINAL DETERMINATION AND CONFIRMING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6- 1.1 -10 -44 (DATA REALTY NORTHERN INDIANA LLC PROJECT LOCATED AT 1440 IGNITION DRIVE IN THE FOURTH COUNCIL DISTRICT) WHEREAS. The Common Council (the "Common Council) of the City of South Bend, Indiana (the "City'), pursuant to Resolution NO. 4174 -12 adopted by the Common Council on April 24, 2012 (the "Declaratory Resolution'), provisionally declared subject to the completion of the proceedings set forth in Indiana Code 6- 1.1 -10 -44 (the "Act ") and Section III of the Declaratory Resolution that (i) Data Realty Northern Indiana LLC (the "Company ") constitutes an Eligible Business under the Act and the Declaratory Resolution; (ii) certain personal property of the Company will constitute Qualified Property (the "Qualified Property ") under the Act and the Declaratory Resolution; and (iii) the Qualified Property will be exempt from property taxation for an unlimited term provided that the Company continues to qualify for the exemption hereunder and under the Act; and WHEREAS, pursuant to the Act and Indiana Code 5 -3 -1, public notice of the adoption and the substance of the Declaratory Resolution was provided as well as setting forth that a public hearing would be held on August 26, 2013, to receive and hear all remonstrances and objections from interested persons; and WHEREAS, a copy of the Declaratory Resolution and the public notice referenced above was filed with the office of the St. Joseph County Assessor and with each taxing unit in the County; and WHEREAS, on August 26, 2013 the Common Council received and heard all remonstrances and objections to the Declaratory Resolution from interested persons and considered the evidence presented. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its findings in the Declaratory Resolution determining that the Qualified Property of the Company is and shall be exempt from property taxation for an unlimited term as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1- 17.provided that the Company continues to qualify for the exemption under the Act. The Common Council hereby approves of the form of Letter Agreement attached to the Declaratory Resolution and authorizes the Mayor and Clerk to execute and attest, respectively, the form of Letter Agreement attached to the Declaratory Resolution. SECTION II. The Common Council _ further confirms that the final determination and property tax exemption confirmation for certain enterprise information technology equipment is based on Data Realty's representations that: (a) It is engaged in a business that operates one or more facilities dedicated to computing, networking or data storage activities; (b) It is located in a facility or data center in Indiana; (c) It invests in the aggregate at least $10,000.000 in real and personal property in Indiana after June 30, 2009; and (d) The average employee wage of the entity is at least 125% of the county average wage for each county in which the entity conducts its business operation. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. N " 6 0 C Q. 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X ACD N A CO V O V o CO V W ••-� O Iw O CA W o o fi r- A O 0 0 CO (b A w A CTI O) - A -''' •p b0 W N W W CTI AOCD (b �-I AAO AO _,Op (b W CO � O W W N 'ro AA C 3 W Co O V O O a X N O c N m o m a o W VOCJiO� Ch (D O Ch IAo 0 ..'.► W Orr W A W CJi <D Filed In �•s ..'S•.''S ':a, ��.'�' CTt 00 W �, A Cb W N ... w.........«,....,....a.. C3 (�+j� pWpp N co Co Oi CD U COTI tV W O I� N W trr 0000 CD co CD \° -'W W O'er CITY CLERK, °.i sov $END, ICE .. wsmrecrnrro:n �.a..rxa_- .�*e�.u' ORDINANCE NO. AN ORDINANCE TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 8551 -94 WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF EAST ST. VINCENT STREET RUNNING WEST FROM THE WEST RIGHT -OF -WAY LINE OF GEORGIANA STREET FOR A DISTANCE OF APPROXIMATELY 248 FEET TO THE EAST RIGHT -OF -WAY LINE OF EDDY STREET 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 North of East St. Vincent Street running West from the West right -of -way line of Georgiana Street for a distance of approximately 248 feet to the East right - of -way line of Eddy Street and having a width of approximately 12 feet. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana, hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lot 22 "Hartman & Miller's Plat Tax Key Number 018 - 5101 -3561 S1 /2 Lot 23 "Hartman & Miller's Plat Tax Key Number 018 - 5101 - 355801 N1 12 Lot 23 "Hartman & Miller's Plat Tax Key Number 018 - 5101 -3558 Lot 24 "Hartman & Miller's Plat Tax Key Number 018 - 5101 -3555 Lot 25 "Hartman & Miller's Plat Tax Key Number 018- 5101 -3552 Lot 26 "Hartman & Miller's Plat Tax Key Number 018 - 5101 -3553 Lot 27 "Hartman & Miller's Plat Tax Key Number 018 - 5100 -3554 Lot 28 "Hartman & Miller's Plat Tax Key Number 018 - 5100 -3559 Lot 29 "Hartman & Miller's Plat Tax Key Number 018 - 5100 -3562 Lot 70 "Hartman & Miller's Plat Lot 69 "Hartman & Miller's Plat Lot 71 "Hartman & Miller's Plat Lot 72 "Hartman & Miller's Plat Lot 35 "Sorin's 2 °d Addition Lot 36 "Sorin's 2nd Addition Lot 37 "Sorin's 2nd Addition Unplatted land Tax Key Number 018- 5100 -3560 Tax Key Number 018 - 5100 -3563 Tax Key Number 018 - 5100 -3557 Tax Key Number 018- 5101 -3556 Tax Key Number 018 - 5105 -3689 Tax Key Number 018 - 5105 -3690 Tax Key Number 018- 5105 -3691 Tax Key Number 018 - 5102 -3579 SECTION IV. The purpose of the vacation of the real property is to: 1. Stop cars from speeding down the Alley. 2. Stop fires, dumping and parking in the Alley. 3. Stop an access route for drug dealers on Georgiana Street. 4. Stop open urination in the Alley. 5. Stop the dumping of stolen cars. Create a safer environment for my child and family. . 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. Attest: City Clerk O,Q,�, & 0 - a---_ ( ali-- V Member of the Common Council coupx)i n �� rfiSc�T Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2013, at o'clock . M. Approved and signed by me on the o'clock M. MAYOR, CITY OF SOUTH BEND, INDIANA I kEAD[hG 2LiC HEARING -d P.EADING DT AFPROVfD EERRED 655ED City Clerk day of 2013, at Filed iiFr t. i�lce AVQ 0 aw, LERK,S THVIE lew D, IN I a 06 • t6 S z6 9 � 69 C M 99 Z L9 � 98 Ll tzt 96 SB L6 ►9 9 fB 6tt Blt 66 8 z6 is '5> dtt OOt to 9lt tot 09 Stt LOt 6L ►tt to BL Ctt to LL t Go N 9L l 90t St 0tl tot 1L 60t BOt CL 19 99 99 L9 99 69 1N30NIA 0 ►f rn Q rr z f tf Z of f 9 L 9 fi of t El CL ►t St 9t m Ll � 6t OL lL Rol W��� _OOt— 190tI. BB tot — t6 _ -7 uu_ z0 t 86 I tot .is Of' I 9t III 6r1 1 s► 1 er ( ►► LC I Ct • 9µ I z► IS t► I ►6 f6 to -4 f? 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Land Surveyors N Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 M Fax: (574)234 -4009 1643 Commerce Drive r South Bend, IN 46628 August 21, 2013 Honorable Members of the City of South Bend Common Council 4. th Floor County -City Building South Bend, Indiana 46601 RE: An Ordinance to correct the legal description in Ordinance 8551 -94 which Vacated the following described property: the Alley to be Vacated is described as the first East -West Alley North of East St. Vincent Street running West from the West right -of -way line of Georgiana Street for a distance of approximately 248 feet to the East right -of -way line of Eddy Street; Dear Council Members: On behalf of our clients, the University of Notre Dame, we are requesting the approval to correct a scribbner's error in Vacation Ordinance No. 8551 -94. The error occurred in the legal description within the Ordinance only, the Vacation diagram that accompanied the Ordinance correctly depicted the alley that was to be Vacated. The reason for this request is to allow for the Auditor's Office and Assessor's Offices to show correctly on their records that Alley that was intended to be vacated was officially vacated. It will also allow for future buyers of the properties adjacent to the vacated Alley to be aware that the Alley has been vacated and cannot be used for access purposes. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, M;dl J. D" Michael J. Danch President Danch, Harner & Associates, Inc. -6--M 0-6- q�-u - ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2013 to be collected in the year 2014 the following: For CORPORATION GENERAL FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. Total Civil City Rate $xxxx For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $xxxx on each one hundred dollars of Taxable Property. Total Redevelopment Rate $xxxx 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. 0�"� b /)"-)\ ( Member of the Common Council Attest: old,. "�7x r,�t a_y R „t� �� } -.?`.i t ? ca?.n , p�� v::. 7 .:i nn d ^° 4�§ .FM. t 1413 and 3L7 `.'% h Counoii acV011 on Gills Issue, City Clerk isr gtA-nrNG '3 r� RE/,C�IdG NOT AP11,''C Y ED. PL- [.RRED PASSED 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 Filed In AUG 120ON CouNTY CITY BUILDING 227 W. JEFFERSON BLVD. SouTx BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BU'I°I'IGIEG, MAYOR NoNE 574/ 235-9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common Council 4"i Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Levying taxes and fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2014 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2014 and ending December 31, 2014. This tax rate will apply for property tax assessments in fiscal 2013 with taxes payable in fiscal 2014. This bill is submitted for 1" read filing with the Common Council for the council meeting on August 26, 2013, 2nd read and public hearing at the council meeting on September 23, 2013, with 3rd reading and council vote at the council meeting on October 14, 2013. Similar to prior years, a substitute bill will be filed with the estimated property tax rates inserted after they are detenmined. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must be completed by February 15, 2014. The actual property tax rate will depend on the 2013 /pay 2014 net assessed valuation of property in South Bend and this information is not yet available from the St. Joseph County Auditor. I will be available to discuss this substitute bill at the appropriate sessions of the Personnel and Finance Committee and South Bend Common Council. Respectively submitted, 'ray /y b Y Mark W. Neal City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristol Brisco, Corporation Counsel Filed �n rVergr's o ic,,6s i AU( ZQ i I i CITY CLC -RK, SOUTH ftly o' IN 1-4 i1 / ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several Departments of the Civil City of South Bend, Indiana for 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS., SECTION 1. For the expenses of the Civil City Government, its various Departments, Funds, Commissions, and institutions for the fiscal year ending December 31, 2014, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the Funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION II. For the fiscal year ending December 31, 2014, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit: (201) Park and Recreation Fund (202) Motor Vehicle Highway Fund (203) Park Recreation Non - Reverting Fund (209) Studebaker Oliver Reverting Grants (210) Economic Development Grant Fund (211) Community Investment Administration Fund (212) Community Investment Grant Fund (216) Police State Seizures Fund (217) Gift, Donation, Bequest Fund (218) Police Curfew Violations Fund (220) Law Enforcement Continuing Education Fund (222) Central Services Fund (226) Liability Insurance & Premium Reserve Fund (227) Loss Recovery Fund (249) Public Safety Local Option Income Tax Fund (251) Local Roads and Streets Fund (252) Excess Welfare Distribution (258) Human Rights — Federal Fund (271) East Race Waterway (273) Morris PAC /Palais Royale Marketing Fund (278) Police Take Home Vehicle Fund (280) Police Block Grant Fund (281) Economic Development Revenue Bonds Fund (288) E.M.S. Capital Improvement Fund (289) Hazmat Fund (291) Indiana River Rescue Fund (292) Police Grants Fund (294) Regional Police Academy Fund (295) COPS More Grant Fund (299) Police Federal Drug Enforcement Fund (3 13) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (404) County Option Income Tax Fund (405) Park Department Non - Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund (408) County Economic Development Income Tax Fund (412) Major Moves Construction Fund (416) Morris Performing Arts Center Capital Fund (434) CREED Fund (450) Palais Royale Historic Preservation Fund (655) Project ReLeaf Fund (677) Hall of Fame Capital Fund (701) Fire Pension Fund (702) Police Pension Fund (705) Police K -9 Unit Fund (711) Self - Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk r (?`' Member, South Bend Common Counci opptu,—*io and Council act n on Lhz,is l a1 Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock .m. Approved and signed by me on the o'clock, .m. tib� 3 1st REAMING PUBLIC F,;..AfZ1NG 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of ,2 ,at Mayor, City of South Bend, Indiana AQQ C11Y IN 120ON CouNTY --Crrr BvrLDr NG 227 W JEFFERSON BLVD. SouTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR NoNE 574/ 235 -9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common-Council 4th Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2014. Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures of the City of South Bend for the fiscal year commencing January 1, 2014 and ending December 31, 2014. This bill is respectively submitted for 1" read filing with the Common Council for the council meeting scheduled for August 26, 2013, 2nd read and public hearing at the council meeting on September 23, 2013, with 3`d read and council vote at the council meeting on October 14, 2013. This bill will be presented to the Common Council by the Mayor, Controller, Department Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectively submitted, Mark W. Neal City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel Filed_� g� AUG 21 '4013 f o� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana its various Departments, Funds, Commissions and institutions for the fiscal year ending December 31, 2014, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the Funds hereinafter named in Section 11, and for the purposes hereinafter specified in Section II, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2014 the above appropriations are made within the following Funds of the City: (600) Consolidated Building Fund (601) Parking Garage Fund (610) Solid Waste Operating Fund (611) Solid Waste Depreciation Fund (620) Water Works General Operations Fund (622) Water Works Capital Fund (623) Water Works Bond Capital Fund (624) Water Works Customer Deposit Fund (625) Water Works Sinking Fund (626) Water Works Bond Reserve Fund (629) Water Works 0 & M Reserve Fund (640) Sewage Repair Insurance Fund (641) Sewage Works General Operations Fund (642) Sewage Works Capital Fund (643) Sewage Works O &M Reserve Fund (649) Sewage Works Bond Sinking Fund (659) 2011 Sewer Bond Fund (661) 2012 Sewer Bond Fund (663) 2013 Sewer Bond Fund (665) 2014 Sewer Bond Fund (670) Century Center Operating Fund (671) Century Center Capital Fund SECTION 111. 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: , cre. IT and opprew iDF aejorl Oil City Clerk Presented by me to the Mayor of the City of South Bend, Indian on the day of , —, at o'clock —.m. Deputy City Clerk Approved and signed by me on the .day of at o'clock —.m. Mayor, City of South Bend, Indiana ail I, READINIG pUn�L!C WENR, NiG 3rd READit--AIG NOT APPROVED R. E R, FR E D PASSED 120ON CoLmy -QTY BtnLDYNc 227 W JEFFERSON BLvD. SOUTH BEND, INDrANA 46601 -1830 PHONE 574/ 235 -9216 .. FAx 574/235-9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common Council 4"' Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defiaying the Expenses of Departments and Funs of the Civil City of South Bend for the fiscal year ending December 31, 2014 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2014 and ending December 31, 2014. This bill is respectively submitted for 1" read filing with the Common Council for the council meeting scheduled for August 26, 2013, 2nd read and public hearing at the council meeting on the September 23, 2013, with 3rd read and council vote at the council meeting on October 14, 2013. This bill will be presented to the Common Council by the Mayor, Controller, Department Head and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectfully submitted, Mark Neal City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel Filed in c { }, t r AUQ M CITY CUA.9k, 4OUTH SEND, IN 0 &�' �� 0)- �3 -�- �- RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 818 Thomas Street WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals.makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 818 Thomas Street, South Bend, IN 46601 -2537. in order to permit Bed and Breakfast (Guest House). SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. NOT .f'Og0 td Member of the Common Council ay 9 P Filed 1h Clerk's Jti;; CITY CLERK, SOUTA SEND, IN w Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner@mac.com Phone: 314 - 973 -8686 Don Lindner, CEO 7/10/2013 Ref: Petition for Variance Dear Members of the Board: #1C Seeking a Special Exception for a Bed & Breakfast in a "SF2" District Please consider the proposal for the intended Avanti- Oriented Bed and Breakfast at 818 W. Thomas Street, South Bend, IN 46601 -2537, just across the street from the Studebaker National Museum entry -exit. The advantages are as follows: A It will assist in preserving the Studebaker Avanti. B It will provide enjoyment and entertainment. C It is a place to house and display my $ 50,000+ collection of material. D It will provide local lodging for visitors to the Studebaker National Museum /Indiana Center for History. E It offers another attraction for S. Bend visitors. (S. Bend attracts people from all over the world in many cases for the love of Studebaker and Avanti). This project will offer additional revenue to the area. F The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. This building was vacant and in disrepair for a lengthy time. I think most would agree that what has been accomplished in the last year with funds and hard work invested, is an asset to the neighborhood as well as the local community. Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner@Dmac.com Phone: 314- 973 -8686 Don Lindner, CEO G The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Many feel this would be a positive addition to the museum corridor. a. The property has been much improved since I purchased it. b. The property is surrounded on 3 sides by the Studebaker National Museum and Center for History and I own the rental house to the west. c. Every neighbor with whom I spoke with was happy and excited about the project. The property was overgrown in weeds, filled with trash and was an eye sore. H The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein Improvements are in keeping with the original building. The roof had severe leaks when purchased. A new roof has been installed and extensive refin- ishing of wood doors, trim, etc. was done to all original wood that was salvageable. Painting and other outside work was done to keep the integrity of the original facade. This will be an extension of the Museum District that is already there. I The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The area already has museums and residential properties. I feel it is going to be compatible with the Comprehensive Plan for the City. I have invested in the community and will continue to do so. Thank you for your consideration. Sincerely, Donald R. Lindner Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner@mac.com Phone: 314- 973 -8686 Don Lindner, CEO A bit about myself: A At this time, I am the only principal but have supporters, advisors and contributors of both materials and money. B The LLC is currently based and registered in Missouri. C I have never been arrested (other than getting a ticket for traffic violation). D I've never been bankrupt. E I've earned an honorable discharge from the US Air Force and Missouri Air National Guard. F I currently employ 88 people in seven child care businesses and rental property. G I've been married to the same woman, Janet V. Lindner for 50 years and 3 months. H I have been visiting S. Bend for the last 20 years. I I have 27 years of perfect attendance with the Bridgeton, MO Kiwanis Club. I have been a member and visitor of the Studebaker National Museum almost yearly since 1993. 1 am the Founder and was the Avanti Association Memorabilia Chairman from 1998 to .June 2012. K My wife and I own our own house. Don Lindner, CEO Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. AvM Var 7.10.13.pages n, Pat' Ul) > N LO LO I L 6; C) Cl) 0) ov= co N 00 f �wg C) 7i�p 9 ot- j -IRV. oc- LO O C) C) 0 A* C11A i 1 t 00 v4 q CO 00- U) 00 CD 0, C) m Rl- ZI, oo 0 990£ :tv b C4 9c �z C6 C-4 C) C) 0C-8 0 C� C) Lo ZN C) C) LD M 4 M z (n 00 Lr) Lf),*.Iqt 00 001. Lo_ ,fr ULO 0 U) Lo CO C) co ul. C* 00 c, LO Ce) C) N LO 17 CN Ao N C) > TV- LO C) CO IT, O. 0) c C) cor) CO to C14 U). MO C) W .ti V Ln, co C:) LO co WIN L 0 IS faillul c 7 Iq C; CN 0 n, Pat' Ul) > N LO LO I L 6; C) Cl) 0) ov= co N 00 f �wg C) 7i�p 9 ot- j -IRV. oc- LO O C) C) 0 A* C11A i 1 t 00 v4 q CO 00- U) 00 CD 0, C) m Rl- ZI, oo 0 990£ :tv b C4 9c �z C6 C-4 C) C) 0C-8 0 C� C) Lo ZN C) C) LD M 4 M z (n 00 Lr) Lf),*.Iqt 00 001. Lo_ ,fr ULO 0 U) Lo CO C) co ul. C* 00 c, LO Ce) C) N LO 17 CN Ao N C) > TV- LO C) CO IT, O. 0) c C) cor) CO to C14 U). MO C) W .ti V Ln, co C:) LO co WIN L 0 IS faillul c 7 Iq C; CN JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -9571 July 29, 2013 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: Common Council Attn: Janice 4" Floor County City Building South Bend, fN 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, August 7 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Michael J. Carmichael. The staff recommends that if the variance is granted, that it be granted subject to obtaining approval for a septic system on each lot. 6. Petition of David and Diane Vernasco. The staff recommends denial of the lot size variances. Approval would create two lots that are not consistent with the intent of the Agricultural District of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. These two parcels combined are just over 17 acres, 3 acres below the minimum lot size. The petitioner's argument that the two parcels were not properly split in 1969, has no bearing or applicability relative to the three standards that need to be met for a successful variance. The immediate area around the petitioner's property is still a predominantly agricultural area (i.e. largely farmed). Further subdividing properties for non - agricultural purposes, compromises the overall intent of the agricultural pursuits of the district. The agricultural district lot standards are established to protect the farming community at large by preventing the encroachment of scatter urban -type uses. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W. ST) OSEPHCOUN TY IN 0 1 ANA. COM (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The petitioner is proposing to use an existing building with more than sufficient off street parking. The crematory will not adversely affect the other uses permitted in the Light Industrial District. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the surrounding district. A crematory, either by itself or in conjunction with a cemetery is a permitted use in less intense districts, like O Office District. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Although crematories are not specifically addressed by City Plan, a mix of land uses along major corridors and other locations is identified on the Future Land Use Map. The Future Land Use Map identifies the west side of the corridor along Main Street as industrial. Sincerely, C"' , &I, %�k Christa Nayder Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOSE PH COUNTY IND IANA.COM AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 August 8, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Donald Lindner /Avanti Guest House ABZA 8/7/13 Dear Council Members: The above referenced petition of Donald Lindner was legally advertised on July 21, 2013. The Area Board of Zoning Appeals gave it a public hearing on August 7, 2013, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Young and unanimously carried, the petition for Special Exception to allow a bed and breakfast in a "SF2" District, on property located at 818 Thomas Street, is sent to Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah SPECIAL EXCEPTION PURSUANT 21- 093(D) AREA BOARD OF ZONING APPEALS LINDNER/AVANTI GUEST HOUSE FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhopd and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 7TH Day of AUGUST, 2013. YES NO M MICHAEL URBANSKI M RANDALL MATTHYS M JACK YOUNG M GERALD PHIPPS 0 ROBERT HAWLEY ABSENT JOE VELLEMAN M BRENDAN CRUMLISH Pc) . RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1731 S. FRANKLIN STREET WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36 -7 -4- 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1731 S. Franklin Street. in order to permit a crematory in a Light Industrial District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i). SECTION IV. Approval is. subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. N -VT WPOP'Z}m Member of the Common Counci ' i Fj -iii 5 S ) S �p iC1J �d;d�a�LiL: �i*Kk•tGi'i'$,�il�Y� �i t .. I Filed in Clerk' a. C..' CITY CLERK:, aO U-(� SEND, IN Petitioner: GM2B, LLC Mark Gendel 1835 S. Franklin Street South Bend, Indiana 46613 (574) 220 -7772 Property in Petition: 1731 S. Franklin Street South Bend, Indiana 46613 Variance Requested: Special Exception for a crematory in a light industrial district in an existing building. This facility will be used by funeral homes only and will not be open to the general public. 1. Why the approval will not be injurious to the public health, safety, morals and general welfare of the community. Less pollutants than a Wood Fired Stove or Fireplace. Considered a Minor Source, unregulated by the Federal Government, Permitted by the State of Indiana. 2. Why the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. Area is zoned Light Industrial, adjoining areas have always been subjected to Light Industrial Zoning. Only a couple of vehicles per day are anticipated to use the facility. 3. Why the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Light Industrial is where cremation equipment should be used. How could Office, LB, and CB be a permitted use and not Light Industrial? 4. Is the proposed use compatible with the recommendations of the City of South Bend Comprehensive Plan? Yes, It is compatible with the comprehensive plan of the city. Owner is same as-Petitioner Zoning Classification is Light Industrial (as currently zoned) with a special exception for a crematory. Property is located in Portage Township. AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 574/235 -9554 574/235 -5541 -Fax NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on Wednesday, the 7th day of AUGUST 2013 , at 1:30 p.m. in the Council Chambers on the 4" Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by DIRECTOR'S CREMATORY, LLC SEEKING: A SPECIAL EXCEPTION TO ALLOW A CREMATORY IN A LIGHT INDUST IA ON PROPERTY COMMONLY DESCRIBED AS: 1731 S. FRANKLIN ST., SOUTH BEND, IN Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property Nill not receive a copy of this notice. If you know of someone who should have received notice but didn't, Tease inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the ime of the hearing. AREA BOARD OF ZONING APPEALS Carolyn A. Henry M atthews University "Did You Know" TM Educational Series A Publication of Matthews Cremation Issue No. 130 Emissions f -oin Cremation Etpupment Does eremation equipment have uuusitud emissions? No, emissions from crematories are similar to restaurants, vehicles and home fireplaces. Since the 1990 Clean Air Act air pollution discussions have often included crematories. Knowing this, we have spent tremendous amounts of time and money to be certain we have accurate environmental data on the emissions from crematories. We have found in past dealings with the EPA, that our industry is misrepresented unless we have good quality information on which we can defend ourselves from over regulation. Emissions from cremation equipment are the same types you might find from other very common sources of air pollution. Below you will find a brief description of the most common regulated pollutants from a crematory and a comparison to give a point of reference. Particulates (PM) - Solid matter such as dust, soot, ash and other unburned particles from the human remains, cremation container and contents of the container. A Typical State Standard .39 Ibs /hr B Cremation with casket /container .08 Ibs /hr C Wood Stove .46 Ibs /hr D Restaurant Cooking 100 burgers /hr .18 Ibs /hr E Diesel Truck .14 Ibs /hr Carbon Monoxide (CO) - A gaseous pollutant resulting from the incomplete combustion of fuel, cremation container and human remains. A Typical State Standard .24 lb/hr B Cremation with casket /container .06 Ibs /hr C Wood Stove 3.5 Ibs /hr D Restaurant Cooking 100 burgers /hr Not Avail. E Diesel Truck 22 lbs /hr As you can clearly see, emissions from cremation equipment are not unusual but rather common to our everyday life experiences. In addition, the actual emission levels of cremation equipment are surprisingly low to most people. Cremation equipment that is properly designed, operated and maintained will be a "good neighbor" to the other businesses and people that come into contact with it. For service, sales or assistance please call (800) 327 -2831 A publication of Matthews Cremation • 2045 Sprint Boulevard • Apopka, FL 32703 • www.matthewscremation.com Questions or comments may be sent to the address listed above 0 Copyright 2012 - All rights reserved no reproduction in part or whole without written permission from MCD �r .• AiMIL C.�3. May 18, 2010 Rev. 1 (CFS -Pet included) Cremation Systems 15660 LaSalle Street South Holland, IL 60473 Attention: Tom Krowl Subject: Cremator Stack Emissions PM (particulate matter) EPA, Human and Pet 15660 LaSalle Street South Holland, IL 60473 www.armilefs.com email: infonar- nilcfs.com phone: 708- 339 -6810 fax: 708 -339 -3780 The Cremations Systems CFS -2300 cremator was tested and evaluated for the Illinois EPA on 9/16/2008 by an independent testing company (GE Energy Management Services). The test was performed on our CFS- 2300 -1 cremator installed at Skyline Memorial Park in Monee Illinois. Three tests (runs) were performed over a period of two days using human remains during each test and running the cremator in the normal operating mode. An Armil /CFS technician and a Skyline employee operated the cremator and performed the three cremations, while three GE Energy technicians performed the sampling, measurement, and analysis (on site). The testing procedures and methods are defined in GE Energy Report M22E 1769A Rev. l dated September 22, 2009. Excerpt data is listed below: Test Facility: Skyline Memorial Park Crematorium 25100 South Governors Highway Monee, Illinois 60449 Contact: Paul Kint (owner) Testing Company: GE Energy 888 Industrial Drive Elmhurst, Illinois 60126 Contact: David Thompson (project supervisor) Page 1 of 2 Emissions & Particulate Matter Testing Human Remains and Pet Cremators Armil /CFS Reference Number CFS2300 /CFSPet May 18, 2010 Revision 1 Calibration of the testing equipment was performed pre -test and post -test. Specific information regarding the equipment, procedures, and N.I.S.T. traceability are available upon request, from Armil /CFS Incorporated (708) 339 -6810. SUMMARY OF RESULTS Average of three (3) test runs Calibration Corrected Test Data Filterable Particulate (PM): 0.050 lb/hr 0.021 grains /scf @ 12% CO2 Filterable PM determination by USEPA method 5 02 (oxygen) 6.2 % dry Oxygen determination by Method 3A, 40CFR60 CO2 (carbon dioxide) 11.8 % dry Carbon Dioxide determination by Method 3A, 40CFR60 . CO (carbon monoxide) 0.02 lb/hr 13.8 ppm @ 50% excess air Carbon Monoxide determination by Method 10, 40CFR60 EXTRAPOLATION OF RESULTS (Particulate Matter) Stack Emission, CFS -2300 Estimated daily and annual stack emission totals based on normal cremator operation. PM Daily: 10 hrs x 0.050 lb/hr 0.5 lbs per day PM Annually: 5 days/ week x 52 weeks 130 lbs per year EXTRAPOLATION OF RESULTS (Particulate Matter) Stack Emission, CFS -Pet Estimated daily and annual stack emission totals based on normal cremator operation. PM Daily: 10 hrs x 0.033 lb /hr 0.33 lbs per day PM Annually: 5 days/ week x 52 weeks 86 lbs per year Data compiled by: Armil /CFS Engineering Department Page 2 of 2 CFS-2300 Cremation Chamber A'M; from �r�ema #il�n,yX CFS -2300 Features Include: V Automatic operation s High efficiency refractory lining e Recessed hot hearth design accommodates large cases, 750 Ibs M. Cremation status can be sent via email e Quick Change hearth the system Emission monitoring Front loading and retrieval through extra -wide door 150lbs per hour cremation burn rate le Touch - screen digital controls a PC-based data acquisition and storage w: Meets all applicable NFPA and UL standards is Engineered for installation through an 8' door opening 1, Includes Fire Marshal monitoring system K, Tek Marshal internet retort diagnostics, optional CFS -2300 Cremation Chamber <. Made in Illinois!w . The CFS -2300 has a composite refractory lining, and extra -wide 42" door opening. General Dimensions: Height: T71/2 _ Width: 5'3" without control panel 6'4" with control panel Length: 15'4" Hearth area: 42" wide x 89" deep Door opening: 42" wide x 25" high Utility Requirements: Natural gas: 1000 Btu /cu ft 2350 CFH at 7" w.c. minimum Propane: 2500 Btu /cu ft 940 CFH at 11 "w.c. minimum Electrical: 208/240 VAC, 1 phase, 40 amp Refer to General Specification HS01R -008 Cremation Syste is pleased to offer the CFS -2300 cremation chamber with Fire Marshal monitoring system. Optional with the CFS -2300: Tek Marshal internet retort diagnostics. Ms -.TM 0,10-remalio", b TM Division of Armil CFS, Inc. 15660 South LaSalle Street South Holland, IL 60473 708339 -6810 Fax: 708 -339 -0517 r, vww.cremsys.corn in €o @cremsys.com © 2009 -12, Cremation Systems CFS -2300 Cremation Chamber from Cremation systems Features and Benefits One-step, automatic operation: The CFS -2300 utilizes advanced "Set Point Programming" to control temperature for a completely automatic cremation cycle. High efficiency refractory lining: The CFS -2300 utilizes a combination of premium firebrick, pre -cast refractory shapes and ceramic fiber insulation for a light weight, energy efficent lining. Quick Change hearth tiles: The CFS -2300 Quick Change hearth is a pre -cast refractory the system. Quick Change tiles are in stock; minimizing cremator down time by allowing for one -day hearth repair and easy sub - hearth access. Automatic pollution monitoring: The CFS -2300 opacity sensor monitors emissions, ensuring EPA requirements are met. Touch - screen digital controls: Case data stored on a flash drive can be automatically sent to any PC or smart phone via email. Remote access via the Internet: Remote access of cremator conditions via the internet for off -site monitoring and alarm notification. The CFS -2300: IN Extra -wide door opening for easy loading and retrieval F Low overall height and weight for ease of installation I, Door system features a single air - cooled viewing port, spring- loaded /self- locking door latch to ensure safety, and hydraulic cylinders for door movement. ir Control panel may be left or right side mounted, or provided separate for remote installation. a Meets or exceeds all applicable NFPA and UL standards. Fire Marshal: The Fire Marshal monitoring system comes standard with the CFS -2300. Refer to Fire Marshal data sheet for additional information. Tek Marshal: Internet retort diagnostic product to identify blown fuses, tripped relays, and dirty smoke meters, without a service tech visit. Cremation Systems is a division of Armil CFS, Inc., manufacturer of high temperature process equipment since 1968. Armil CFS utilizes the finest combustion and control components, refractory and insulating materials to provide premium, high efficiency, low maintenance cremation equipment. Members of: . If NM 1 National Funeral Directors Association IFDA Illinois Funeral Directors Association Cremation Association of North America FHA Illinois Cemetary & Funeral Home Association © 2009 -12, Cremation Systems Crcerna�ion, Sc�otern4' 15660 South LaSalle Street - South Holland, IL 60473 . 708 - 339 -6810 & Fax: 708 - 339 -0517 Division of Armil CF5, Inc. www.crerns;>> corn e info @cremsys.com i V 4 U rwMmZ \� W A \ 04 1J4., ♦ ♦. Jl a.. PARCELSTAT NAME _1 MAILINGADD MAILINGCIT S MAILMAILINGZIF 71 -08 -14 -432- 5 STAR PO Box 706 Middlebury IN 46540 013.000 -026 INVESTMENT GROUP V LLC 71- 08 -14- 432 - SMITH VICTOR K 1717 S Franklin South Bend IN 46613 027.000 -026 & KAREN Y 71- 08 -14- 432 - CITY OF SOUTH 227 W Jefferson South Bend IN 46601 006.000 -026 BEND BOARD OF PUBLIC WORKS 71 -08 -14 -432- 1702 S FRANKLIN 7030 W 63rd St Chicago IL 60638 024.000 -026 STREET LLC 71 -08 -14- 432 - GREER 4303 Ashard Dr South Bend IN 46628 026.000 -026 HARRISON Ili 71 -08 -14 -431- MI CASA 53393 Peggy Av South Bend IN 46635 022.000 -026 FUNDING GROUP LLC 71 -08 -14 -432- HARBOUR 8214 Westchester Dallas TX 75225 007.000 -026 PORTFOLIO VI LP Ste 635 71- 08 -14- 431 - FIERSHBERGER 5137 US 31 S South Bend IN 46614 026.000 -026 JERRY M 71 -08 -14 -432- HILLSIDE LAND PO Boa 15672 Long Beach CA 90815 010.000 -026 CORP & KENNEDY HEALING LOVE CORP PROBLEM DEED 71 -08 -14 -432- GM26 LLC P. 0. Box 1022 South Bend IN 46624 031.000 -026 71 -08 -14 -432- LUU CANH 1714 S William St South Bend IN 46613 005.,000 -026 71 -08 -14 -478- BLOOM LEO W & 416 Calvert South Bend IN 46614 001.000 -026 DELORAS M 71 -08 -14 -482- SCHERMERHORN 713 Elizabeth St Mishawaka IN 46545 001.000 -026 DENNIS A alpt 1 71 -08 -14 -431- ARNDT MICHAEL. 1713 S Williams St South Bend IN 46613 020.000 -026 L & FRANKLIN A 71 -08 -14 -432- STORIN DON 1' 1635 Franklin St South Bend IN 46613 025.000 -026 71- 08 -14- 432 - CONTI ROBERTO 11238 Tamiami Naples FL 34113 009.000 -026 & DAIDONE Trail E GERARDA GUISEPPA 71- 08 -14- 432 - GM213 LLC P. 0. Box 1022 South Bend IN 46624 030.000 -026 71 -08 -14 -431- SBK HOLDINGS 1776 N Pive Island Fort Lauderdale FL 33322 030.000 -026 LLC Rd Ste 316 71- 08 -14- 431 - HENSLEY WILLIE 1819 S Williams South Bend IN 46613 032.000 -026 EUGENL•' AND ELEANA 71 -08 -14 -432 - ROSE LAND AND 241 F.. Saginaw East Lansing MI 48823 016.000 -026 FINANCE CORP 71 -08 -14 -431- GAYTON RUF1NO 501 Calvert South Bend IN 46613 041.000 -026 G JR & JAMIE R 71- 08 -14- 432 - VALDEZ IRENE R 423 W Calvert St South Bend IN 46613 Page 1 of 3 PARCELSTAT NAME _1 MAILINGADD MAILINGCIT MAILMAILINGZIF 018.000 -026 AND RAMIREZ SYLVIA .1 WFROS 71 -08 -14 -432- RCIMP LLC 405 13 Eckman St South Bend IN 46614 019.000-026 71 -08 -14 -432- REYNA LAURA E 415 W Calvert St South Bend IN 46613 020.000 -026 71 -08 -14 -432- MADRIGAL 413 W Calvert South Bend IN 46613 021.000 -026 CARLAS 1, 71 -08 -14 -432- ARK 301 NW 38th Ave Cape Coral FL 33993 017.000 -026 INVESTMENTS LLC 71 -08 -14 -431- ARIAS DAVID & 505 West Calvert St South Bend IN 46613 040.000 -026 ZULAIMA ARIAS 71- 08-14 -431- WARREN .TAMES 11039 Gorden Setter Osceola IN 46561 027.000 -026 I,1,C Dr 71 -08 -14 -432- WASHINGTON 1808 S William St South Bend IN 46613 011-000-026 JUDY C & LESLIE C 71 -08 -14 -431- IVACIC JEROME 3019 S Michigan St South Bend IN 46614 033.000 -026 P `SPECIAL CORPORATED WARRANTY DEED 71 -08 -13 -303- SBA OF SOUTH 1824 S Franklin St South Bend IN 46613 002.000 -026 BEND LLC 71- 08 -14- 433 - SBA OF SOUTH 1824 S Franklin St South Bend IN 46613 003.000 -026 BEND LLC 71 -08 -I4 -431- MFC SOUTH 8833 Gross Pt Rd Skokie IL 60077 019.000 -026 BEND HOLDINGS 308 LLC 71- 08 -14- 432 - WILLIAMS 1708 S William St South Bend IN 46613 003.000 -026 BARBARA.] 71 -08 -14 -431- ROCIO MARIA H 1727 South South Bend IN 46613 025.000 -026 Williams 71 -08 -14 -431- HENSLEY WILLIE 1817 Williams South Bend IN 46613 031.000 -026 71 -08 -14 -432 - FRY BRIAN C& 522 Alabama St Mishawaka IN 46544 015.000 -026 NANCY 1., 71 -08 -14 -432- .IABKOWSKI 1814 S Williams St South Bend IN 46613 014.000 -026 MATTY C 71 -08 -14 -431- SMITH KENNETH 1715 S Williams St South Bend IN 46613 021.000 -026 71 =08 -14 -431- BARRERA.IESUS 1719 William St South Bend IN 46613 024.000 -026 G 71 -08 -14 -431- LIBI -IART DAVID 523N. Cedar St. Ste Mishawaka IN 46545 029.000 -026 A 71-08 - 14-431- MENDOZA 54125 CR 5 Elkhart IN 46514 028.000 -026 FEL,IPE 71 -08 -14 -432- WASHINGTON 1218 Sorin St South Bend IN 46617 012.000 -026 JUDY C & LESLIE C 71 -08 -14 -432- 95TCE INC A 1218 Sorin St South Bend IN 46617 002.000 -026 FLORIDA CORPORATION 71 -08 -14 -432- SKEINS DENNIS 1725 Franklin St South Bend IN 46613 028.000 -026 Page 2 oF3 PARCELSTAT NAME —1 MAILINGADD MAILINGCIT MAILMAILINGZIF 7I -08 -14 -431- BARRERA .IESUS 1719 William St South Bend. IN 46613 023.000 -026 G 71- 08 -14- 432 - GM2B LLC' 11, 0. Box 1022 South Bend IN 46624 029.000 -026 71 -08 -14 -432- MORGAN RAY 1726 S William St South Bend IN 46613 008.000 -026 AND NETTIE 71- 08 -13- 303 - RI IOADES 1528 Renfrew Dr South Bend IN 46614 001.000 -026 CI IARLL'S L. AND CATHERINE G RHOADCS 71 -08 -14 -432- 1702 S FRANKLIN 7030 W 63rd St Chicago IL 60638 023.000-026 STREE'1' I.,LC 71 -08 -14 -432- IAJU CANH 1714 S William St South Bend IN 46613 004.000 -026 71 -08 -14 -432- WILLIAMS 2228 N Elmer South Bend IN 46628 001.000 -026 FREDERICK 71 -08 -14 -432- 1702 S FRANKLIN .7030 W 63rd St Chicago IL 60638 022.000 -026 ST LLC 71 -08 -14 -433- 1702 S FRANKLIN 7030 W 63rd St Chicago IL 60638 002.000 -026 ST LLC 71 -08 -13 -302- 1702 S FRANKLIN 7030 W 63rd St Chicago IL 60638 001.000 -026 ST LLC 71- 08 -14- 478 - TEETER 1903 S Franklin St South Bend IN 46613 016.000 -026 MICHAEL .l 91 Pace 3 of 3 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. , ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235 -9571 July 29, 2013 Area Board of Zoning Appeals Common Council 125 S. Lafayette, Suite 100 Attn: Janice South Bend, Indiana 46601 4`I' Floor County City Building RE: Area Board of Zoning Appeals Meeting South Bend, IN 46601 Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, August 7, 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that (9) The approval will not be injurious to the public health, safety, morals and general welfare of the community, (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Michael J. Carmichael. The staff recommends that if the variance is granted, that it be granted subject to obtaining approval for a septic system on each lot. 6. Petition of David and Diane Vernasco. The staff recommends denial of the lot size variances. Approval would create two lots that are not consistent with the intent of the Agricultural District of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. These two parcels combined are just over 17 acres, 3 acres below the minimum lot size. The petitioner's argument that the two parcels were not properly split in 1969, has no bearing or applicability relative to the three standards that need to be met for a successful variance. The immediate area around the petitioner's property is still a predominantly agricultural area (i.e. largely farmed). Further subdividing properties for non - agricultural purposes, compromises the overall intent of the agricultural pursuits of the district. The agricultural district lot standards are established to protect the farming community at large by preventing the encroachment of scatter urban -type uses. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STJOSEPHCOU N TY IND I ANA. COM (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The petitioner is proposing to use an existing building with more than sufficient off street parking. The crematory will not adversely affect the other uses permitted in the Light Industrial District. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the surrounding district. A crematory, either by itself or in conjunction with a cemetery is a permitted use in less intense districts, like O Office District. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Although crematories are not specifically addressed by City Plan, a mix of land uses along major corridors and other locations is identified on the Future Land Use Map. The Future Land Use Map identifies the west side of the corridor along Main Street as industrial. Sincerely, C"61, k Christa Nayder Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W WW. ST] OSE PH COUNTY IND I ANA. COM AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 August 8, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Director's Crematory ABZA 8/7/13 Dear Council Members: The above referenced petition of Director's Crematory was legally advertised on July 21, 2013. The Area Board of Zoning Appeals gave it a public hearing on August 7, 2013, at which time the following action was taken: Upon a motion by Mr. Hawley, being seconded by Mr. Phipps and by a 5 -1 vote, the petition for Special Exception to allow a crematory in a "LI" District, on property located at 1731 S. Franklin St., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincere] , Charles C. Bulot, C.B.O. Building Commissioner CCB /cah SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS GM2B /DIRECTOR'S CREMATORY, LLC FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREHENSIVEPLANBECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT 1S THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with at FAVORABLE RECOMMENDATION ADOPTED this 7TH Day of AUGUST, 2013. YES NO M MICHAEL URBANSKI RANDALL MATTHYS JACK YOUNG GERALD PHIPPS ROBERT HAWLEY ABSENT JOE VELLEMAN M BRENDAN CRUMLISH