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10-27-08 Council Meeting Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, OCTOBER 27, 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 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY' OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING TANIA L. HARMAN OF THE WARREN PRIMARY CENTER FOR BEING SELECTED THE 2009 INDIANA TEACHER OF THE YEAR 08 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING SKYLAR DIGGINS OF WASHINGTON HIGH SCHOOL FOR HER MANY ACADEMIC TALENTS AND FOR BEING SELECTED THE NATION'S NO. 1 POINT GUARD IN THE 2009 CLASS 08 -92 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 CLAY TOWNSHIP, STADIUM PLACE ANNEXATION AREA 08 -93 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 CLAY TOWNSHIP, 54908 IVY ROAD COURT ANNEXATION AREA 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 48 -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 CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA BEING ON THE EAST SIDE OF BURDETTE STREET APPROXIMATELY 120 FEET NORTH OF VANESS STREET AND ALSO THE NORTHWEST CORNER OF WILLIS AVENUE AND VANESS STREET 55 -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 CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, JOHN D. & LEONA RAPPELLI AND ROSEMARY R. MANDRICI, 54902 IVY ROAD (A.K.A. IVY COURT), SOUTH BEND, INDIANA 50 -08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY WEST OF DR. MARTIN LUTHER KING BLVD. FROM W. WASHINGTON STREET NORTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS, AND A WIDTH OF 8 FEET, MORE OR LESS. BEING A PART OF DUNBAR'S SUBDIVISION OF BANK OUTLOTS 31 AND 32, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 58 -08 PUBLIC HEARING ON A BILL 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, 2009 59 -08 PUBLIC HEARING ON A BILL 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, 2009, AND ENDING DECEMBER 31, 20091 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 60 -08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND 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, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 51 -08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE MAXIMUM ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2009 52 -08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2009 33 -08 PUBLIC HEARING ON COUNCIL OF SOUTH CHAPTER 2, ARTICLE MUNICIPAL CODE FOR CLAIMS A BILL OF THE COMMON BEND, INDIANA AMENDING 5 OF THE SOUTH BEND PREAPPROVED PAYMENT OF 61 -08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW NONREVERTING, PRIVATE GIFT, DONATION AND BEQUEST FUND 8. BILLS, THIRD READING BILL NO. TIME:.. 50 -08 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY WEST OF DR. MARTIN LUTHER KING BLVD. FROM W. WASHINGTON STREET NORTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS, AND A WIDTH OF 8 FEET, MORE OR LESS. BEING A PART OF DUNBAR'S SUBDIVISION OF BANK OUTLOTS 31 AND ' 32, CITY 'OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 51 -08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE MAXIMUM ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2009 52 -08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2009 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 61 -08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW NONREVERTING, PRIVATE GIFT, DONATION AND BEQUEST FUND 9. RESOLUTIONS BILL NO. 08 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LAFAYETTE FALLS - PHASE IV LOT NUMBERS 285 -313, 340 -383, 385 -394 AND 436 -450 ALL IN PHASE IV AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE - YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL- WEISS, LLP 08 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1019 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT J. AND DEBORAH S. BERNHARD 08 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD ASSESSMENT GRANT 10. BILLS, FIRST READING BILL NO. 62 -08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3466 AND 17210 DOUGLAS ROAD AND SOUTH OF 17210 AND 17242 DOUGLAS ROAD AND APPROXIMATELY 1,000 FEET EAST OF S.R. 23, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 63 -08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 64 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $73,382.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND NO. 288 FOR THE PURCHASE OF COMPUTERS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT 65 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $2,261,981 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH. BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 66 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,833 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM 67 -08 FIRST READING COUNCIL OF THE TRANSFERRING $4' WITHIN FUND 212 DEPARTMENT OF DEVELOPMENT ON A BILL OF THE COMMON CITY OF SOUTH BEND,. INDIANA 35,000 AMONG VARIOUS ACCOUNTS COMMUNITY DEVELOPMENT IN THE COMMUNITY AND ECONOMIC 68 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE - SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES 69 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES RELATED TO ANIMAL CARE AND CONTROL 70 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR REMOVAL AND STORAGE OF ABANDONED VEHICLES 11. UNFINISHED BUSINESS A. REFERRAL FROM BOARD OF ZONING APPEALS 1. BILL NO. 08 -96 - SPECIAL EXCEPTION'FOR THE 900 BLOCK OF OLIVER PLOW COURT 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: 0 Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING TANIA L. HARMAN OF THE WARREN PRIMARY CENTER FOR BEING SELECTED THE 2009 INDIANA TEACHER OF THE YEAR 99w•eaa, the South Bend Common Council is especially proud to recognize Tania L. Harman, for being selected as the 2008 Teacher of the Year by the South Bend Community School Corporation on April 15, 2008; and `tae, Tania L. Harman is a bilingual grade one and two teacher at Warren Primary Center; is in her 20'' year of teaching in the South Bend Community School Corporation, having previously taught at Kennedy, Monroe, Lafayette and Wilson before coming to Warren Primary Center; and 99mwj, the South Bend Common Council notes that the Indiana Department of Education annually conducts an Indiana Teacher of the Year Program which honors the "outstanding classroom teacher across the state" who is "exceptionally dedicated, knowledgeable, and skilled"; who inspires students of all backgrounds and abilities to learn; has the respect and admiration of students, parents, and colleagues; plays an active and useful role in the community as well as in the school; and is "poised, articulate, and possesses the energy to withstand a taxing schedule"; and �l�p%rea.6, on September 22, 2008, Indiana Superintendent of Public Instruction Dr. Suellen Reed, named Tania L. Harman the 2009 Indiana Teacher of the Year from the 63 public and nonpublic educators who were nominated by local school superintendents from across the state of Indiana for this coveted honor, and Tania L. Harman will be honored at a dinner at the Hilton Indianapolis North on November 5`h; and the South Bend Common Council believes that Tania L. Harman truly represents education excellence at its best with Tania L. Harman being known for adjusting her teaching style to meet the needs of each of her students, and especially those who are unfamiliar with the English language. Ms. Harman noted that: "They came to this country seeking a better way of life, and I hold the key to that door ...Knowing my students is a powerful way to get to the heart of a lesson for each individual ". �ou, ct3l�. e 4 tr red d, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates Tania L. Harman, a bilingual grade one and two teacher at Warren Primary Center for being named the 2009 Indiana Teacher of the Year by the Indiana Superintendent of Public Instruction, which is the highest of all teaching honors in the State of Indiana. Section II The Council wishes Tania L. Harman continued success as an outstanding teacher in the South Bend Community School Corporation, and hopes that she will continue to add to her many honors the 2009 National Teacher of the Year Award which will be announced in April of 2009 in Washington, D.C. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, I" District hn oorde, City Clerk Oliver J. Davis 6' District Timothy A. Rouse, At Large Al "Buddy" Kirsits, At Lar? —T/Cr Acte, A Largg /1+ Kathleen Cekanski- Farran� d —JAttorn y\ Ced dlu , W,�y 7 f Vw", 2008 Stephen J. Luecke, Mayor RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING SKLYAR DIGGINS OF WASHINGTON HIGH SCHOOL FOR HER MANY ACADEMIC TALENTS AND FOR BEING SELECTED THE NATION'S NO-1 POINT GUARD IN THE 2009 CLASS the Common Council of the City of South Bend, Indiana, is proud to recognize the Skylar Diggins, a senior at Washington High School, who has a 3.87 GPA; is a member of the National Honor Society; is ranked in the top ten (10) in her high school class; and volunteers with youth groups at the Martin Luther King Recreation Center; and 'lam, the Common Council recognizes the Skylar Diggins is ranked No. 1 in the nation in the 2009 class by ESPN HoopGuriz, and as a point guard for the South Bend Washington Lady Panthers Basketball Team is known as "one of the most savvy players on the court ... and an incredible competitor... "; and 99waa, Skylar Diggins stands 5' 9" and "...being left handed really gives defenses fits ", & as a proficient 3 -point shooter has excellent range a few feet behind the arc, along with her pull -up jumper. Skylar. was named to the AP All-State Girls Basketball Team for the 2007 -2008 season; as a sophomore in 2006 played in the City Securities Hall of Fame Classic & was named to the AAU National All- American Team; and °,X"m, Skylar Diggins was named the `Burger King Outstanding Student Athlete of the Week" in February of this year; was named the 2008 Gatorade Indiana Girls Basketball Player of the Year which recognizes "outstanding athletic excellence as well as academic achievement and exemplary character" with Skylar leading the Lady 'Panthers to a 23 -3 record and led the team to their P state title championship game this past basketball season, where she averaged a state -best 29.5 points per game; and 9w., Skylar Diggins was selected to be a member of the 2008 USA Basketball's Women's U18 National Team, a 12- member squad chosen after three days of trials at the U.S. Olympic Training Center in Colorado Springs, and competed in the FIBA Americas U18 Championship for Women in July in Buenos,. Aires; and was also selected as a Parade I't -team and USA Today P team All- American this year. gam, e /te e 4,z,,d a,, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates Skylar Diggins, a Washington High School Senior for the many honors which she has earned in the classroom and on the basketball court, and as her former Coach Marilyn Coddens stated, Skylar is "so versatile, with an inside and outside game. She is so knowledgeable and unselfish ... and off the court she is a teacher's dream". Section II The Common Council wishes Skylar Diggins continued success as an outstanding academic student, as a gifted team leader of the South Bend Washington Lady Panthers Basketball Team this season, and wishes her and her family the very best as she is recruited by almost every major collegiate program in the nation. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 1" District hn oorde, City Clerk Oliver J. Davis 6`° District Timothy A. Rouse, At Large Al "B ddy" Kirsits, At Large a Kare L. White, At arge� G� Kathleen Cekanski- Farrand, Attorney Yy 2008 Stephen J. Luecke, Mayor ,�\ 013- - 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 CLAY TOWNSHIP (STADIUM PLACE. 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 Clay 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 0.95 acres of land, containing one single family structure, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 45.2% contiguous, generally located on the east side of Burdette Street just north (roughly 185 feet) of the intersection with Vaness Street. It is anticipated that the annexation area will be developed for a residential planned unit development (PUD) with 36 to 45 residents, to zoned as such. 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 Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT -OF -WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF -WAY LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT -OF -WAY LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET. MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE. OR LESS. 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 the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit, and any needed sewer or water extensions to the project site or improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; 'and that a street.drainage plan will be also be planned, provided and paid for by the developer subject to, compliance with state and local law. Section N. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard, the annexation and rezoning is subject to the following conditions: 1) vehicular access to Burdette Street on the west side of hotel/condo site should be eliminated and a vehicular access created along Vaness Street. 2) the elimination of gates and other devices that restrict access to the developments in order to create a gated community. 3) the installation of public infrastructure along the appropriate frontage of each site, including standardizing the width of Vaness Street according to City standards. It is required that the annexation area integrate harmoniously with the surrounding residential areas. It should also be required 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 per the South Bend zoning ordinance standards. Building plans and other information to satisfy all requirements imposed in this Resolution 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. ,straiED NOT APPROVED.. ADOPTED Member, South Bend Commtn' Council t., {�[i� Only t r {:ta:ii ?r a. is b is ,6' E:! E��T?9�vo%��':,�Lt:•a Hied to Glam.'s 0 "I" OCR 2 1 DOB J01i �?O BEAD, {N. CM C`RRK, THE CITY OF SOUTH BEND FISCAL PL AN STADIUM PLACE ANNEXATION AREA Stephen jl_Lueckc -,Mayor South Bend Cifv Council Derek Die* Henry Davis Tom LaFountain AnnPuzzello David Varner .77 Al Kirsits Timothy Rouse Karen White cs j7 Prepared By: z'—; r Stephen jl_Lueckc -,Mayor South Bend Cifv Council Derek Die* Henry Davis Tom LaFountain AnnPuzzello David Varner Division of Community Dev'elopment. 2214 Jefferson Blvd. Suite 1200 N South Bend, IN 46601 Pamela C. Meyer; Director jeff '_Vittor! Plaaet Exhibit "A" IJ 01 Es August 26, 2008 Oliver Davis Al Kirsits Timothy Rouse Karen White cs j7 Prepared By: Division of Community Dev'elopment. 2214 Jefferson Blvd. Suite 1200 N South Bend, IN 46601 Pamela C. Meyer; Director jeff '_Vittor! Plaaet Exhibit "A" IJ 01 Es August 26, 2008 j71 J z'—; r Ftnrlivni Plare Annexation Area TABLE OF CONTENTS 2 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 ........................................... I.................. 12 Fiscal Impact: TABLE 1 ............................ ............................... 13 SECTIONVI. APPROVAL ........................................ ............................... 14 Tax Rate Information: TABLE 2 ........................ ............................... 15 LegalDescription: ........................................... ............................... 16 Map: MAP 1 ...................................................... ............................... 17 Stadium Village 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 Clay 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 Burdette Street just north (roughly 185 feet) of the intersection with Vaness Street. See Map 1. B. Legal Description The Annexation Area is part of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana. For a complete legal description see Page 15. C. Contiguity The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City limits: Contiguous 438 85 feet 45.2% Non - Contiguous 532.50 feet 54.8% Total 971.35 feet 1000/0 D. Size of Annexation Area The Annexation Area is 0.95 acres in area. E. Buildings and Land Use The site currently contains one single - family structure and a vacant lot. The land is slated to be used for a residential planned unit development with 36 to 45 residents. Stadium Villa e Annexation Area 4 F. Zoning & Subdivisions The site is zoned "R" Residential in unincorporated St. Joseph County. It is proposed to be zoned "PUD" Planned Unit Development upon approval of the City Council and incorporation into the City of South Bend. G. Population Two (2) persons currently reside in the Annexation Area. H. Tax Rate The tax rates used are those of 2005 payable in 2006. The Township Rate will decrease by $0.2342 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 $2.2971 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 $2.0629 per $100.00 of assessed valuation. Table 2 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 HEA 1001 will affect these rates. This land use will be taxed at a rate of two percent of assessed value upon implementation of HEA 1001. I. Assessments 2007 payable 2008, St. Joseph County Auditor property tax records: Land and Improvements Net: $50,100.00 7. Municipal Legislative District The Annexation Area will be in the 4th District. 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 Clay Township Trustee has been notified of this Annexation. Stadium Villa e Annexation Area 5 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - The developer of Stadium Place is the same as developed Stadium Village. The ten inch diameter public sewer available to Stadium Village on Willis Street was extended into the development with eight inch diameter pipe. That sewer will be extended further as a public facility into the Stadium Place annexation area. Revenue from customers on this sewer will be sufficient to operate and maintain the facility without burden to other ratepayers. Water - There are 6" mains on Willis and Burdette that loop through Irish Crossings nearby the Annexation Area. A flow test on 8/17/00 indicated a static pressure of 54 p.s.i., a residual pressure of 43 p.s.i., and a flow rate of 1074 g.p.m. The flow should provide adequate capacity for the annexed area but continued development in this area will require installation of a larger diameter main. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36 -9 -22- 2, I.C. 8 -1.5 -3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - The developer of this property will be required to install a street lighting system. Additional revenue to the General Fund from this annexation area will be sufficient to pay for street light operations. Waivers of Annexation — No waivers of annexation are in effect for the Annexation Area. Streets - No new public streets have been proposed for this development. One small segment of Burdette Street will be annexed. This segment cannot be effectively operated and maintained by the City. As such, this street segment will remain on the St. Joseph County inventory for maintenance until such time as additional annexation occurs. Drainage Plan - Drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. General Budget Analysis 2008 Actual Budget Report for the Department: Expenditures: $6,303,240 Miles of Roadway in City: @480 Cost per Mile: @$13,131.75 New Mileage within Area: @.00miles (feet) Estimated Maintenance cost for Annexation Area per year: @$.0 B. Police Department The Annexation Area would be expected to be added to the already existing BEAT 11. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will Stadium Village Annexation Area 6 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. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, thi's area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. 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: 22 Number of new Parcels: 2 Cost for Annexation Area per year: $1,124 (2 parcels x $562 cost /parcel) C. Fire Department Fire Response - The City provides a fully staffed, full time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station #3, located at 1805 Mckinley Avenue, approximately 1.9 miles away. Additional Fire Department units would respond from Fire Station #2 located at 430 Dr. Martin Luther King Drive which is approximately 3.0 Mmiles away and Fire Station #1 at 1222 S..Mlchigan St, which is approximately 3.7 miles away. Distance from Fire Stateions and response times will greatly improve upon the construction of Fire Station #12. 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. 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. Stadium Villa e Annexation Area 7 These are Medic Units #10, 11, and 12. The Annexation Area is currently being serviced by Medic #11, located at Fire Station #11 at 3505 N. Bendix. Upon incorporation, the Annexation Area will be serviced by Medic #3, located at Fire Station #2, 430 Dr. Martin Luther King Drive and Medic #2, located at Fire Station #1, 1222 S. Michigan St. 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 2 Cost for Annexation Area per year: @$509 @$24 @$33 @48,685 @$448 @$21 @$117 22 2 $896 $252 $234 Total Per Year Cost: $1,382 The Annexation Area will be added to Area 4. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the Annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. 2008 Actual Budget Report for the Department: Expenditures: $2,294,102 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$47 Proposed Number of Parcels in Area: 2 Cost for Annexation Area per year: $94 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 multi - family residential units. These uses will have Stadium Villa e Annexation Area 8 centralized waste collection locations. A licensed private waste hauler will be required to serve these developments. As single - family, duplex units are constructed, The Division of Environmental Services could service them at the rates noted below. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers effective September 1, 2008: Single family rate: $10.56 per month Senior rate: $ 6.34 per month Duplex rate: $16.56 per month Tri -plex: $22.56 per month Quad: $23.80 per month Recycling fee: $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. Stadium Village 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 uses. City Plan, South Bend's comprehensive plan, notes that land use relationships, pedestrian movement /safety and vehicular site access are important elements to be addressed in developments of all kinds. City Plan also expresses a need to consider how buildings relate to the street. Building design that is sensitive to massing, shape, scale and finishes will ensure that private development will enhance and reinforce the City's commitment to development and design of the highest quality. Please note that this development includes land (1. 83 acres) already within the jurisdiction of the City of South Bend, and the total site (including the proposed annexation area) is 2.78 acres. Land Use - Transportation Analysis The parcel directly north of the site is a vacant lot zoned "R" Residential in unincorporated St. Joseph County. Two parcels to the north is the site of the large scale condo development of Irish Crossings in unincorporated St. Joseph County. Properties to the east, on the west side of Willis Street, are zoned "R" Residential in the County. The parcels to the south were incorporated into the City of South Bend through the Stadium Village Annexation Area. These parcels are part of the rezoning in question and two buildings are currently under construction. Nearby, an auto repair shop is located on the northeast corner of Vaness and Willis and the Turtle Creek apartment complex is on the south side of Vaness. The Annexation Area is located between a high - density area in the City, and a low density unincorporated area which is becoming more urban in character. Vaness Street is a direct pedestrian and vehicle connection between the University of Notre Dame campus and the existing, high density uses along the south side of Vaness and State Road 23. With the completion of the re- alignment of Ivy Road, the pedestrian and vehicular traffic can be expected to increase in this area. Futhermore, more medium - density residential development should be expected to continue given market- demand. Vaness Street has a varying right -of -way width of anywhere from 44' to 60'. Willis Avenue has a 60' right -of -way. The standard right -of -way width for City streets is 60'. Non - standard rights -of -way create challenges when improvements to the public infrastructure is required or needed. And as noted, Vaness is an increasingly busy pedestrian and vehicle corridor. Resultantly, daily traffic volume is anticipated to increase and vehicular patterns will be altered. Moreover, additional demands from the development will be placed on the City of South Bend's infrastructure. It is anticipated that Vaness Street will require safety improvements through widening and traffic calming enhancements in the future. The plans that have been unveiled represent three distinctively designed 3 -story buildings totaling 90 units, with the land annexed through Stadium Village. This annexation will enable the construction of the third building with 24 units. The buildings set -backs and massing are appropriate for the area, and enclose an interior parking area from view. Due to the close proximity of the University of.Notre Dame, it is anticipated that additional requests to build medium density residential and limited mixed -use development will occur in Stadium Village Annexation Area 10 areas north of the annexation area. The City Plan Land Use Map notes that the area between Willis and Ivy Road should be used for medium density residential development. Given the surrounding zoning and development patterns, the proposed "PUD" zoning classification request is appropriate for the annexation area. However, more detailed land use planning is needed for areas to the north of Vaness Street to ensure that future development occurs in an appropriate fashion. Development Criteria If possible, the site should include open space that could be linked in the future to other areas nearby as part of a larger open space network. It should also be required 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. The building materials, set -backs and other site elements and amenities for the proposed developments within the annexation area appear to honor neo - traditional design fundamentals. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard the annexation and rezoning is subject to the following conditions: 1) vehicular access to Burdette Street on the west side of hotel /condo site should be eliminated and a vehicular access created along Vaness Street. Z) the elimination of gates and other devices that restrict access to the developments in order to create a gated community. 3) the installation of public infrastructure along the appropriate frontage of each site, including standardizing the width of Vaness Street according to City standards 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. Stadium Villa e Annexation Area 11 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. Property tax revenues based upon full implementation of HEA 1001. 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. Stadium Villa e Annexation Area 12 TABLE 1 Summary Table s Estimated Fiscal Impact Expenditures Capital (est.) Non - Capital 5 -Year Per Year (est.) Sewer Extension $0.00 To be installed by $0.00 developer Water Extension $0.00 To be installed by $0.00 developer To be Street Lights $0.00 installed by $0.00 developer Police $0.00 $1,124 $5,620.00 Fire &EMS $0.00 $1,382 $6,910.00 Code $0.00 $94 $470.00 Street Maintenance 0.00 $0 0 Street Construction $0.00 To be installed by $0.00 developer Approximate 5 -Year Cost $13,000.00 Revenues Tax Year @ Property Taxes unincorporated (est) (year 1; 2009) 06/09 $36,000 (year 2; 2010) 07/10 $72,000 (year 3; 2011) 08/11 $108,000 (year 4; 2012) 10/12 $144,000 (year 5; 2013) 11/13 $180,000 Note: All Revenues estimated & cumulative MVH /LRSA estimated from 2001 $0 revenue /mile X 5 years @$11,340 Total $180,000 Stadium Village Annexation Area 13 A. Revenue estimate based on $150,000 average per unit assessed value for 24 attached single - family units, taxed at one percent of assessed value. Please note that this is a low -end revenue estimate as the units may be purchased for rentals which would increase the tax rate to two percent. This is only in relation to the building which will be built upon the proposed annexation area. B. Total estimated assessed value: $3,600,000.00 (24 x $150,000.00) C. Total estimated per year tax revenue: $36,000.00 (3,600,000.00 x 0.01) Stadium Villa e Annexation Area 14 SECTION VI. APPROVAL Approved by the City of south Bend Common Council this day 2008. Stadium Villa e Annexation Area 15 TABLE 1 TAX RATE INFORMATION - Clay Township 2005 PAYABLE 2006 Clay % OF SOUTH BEND % OF TAX RATE FUND TOWNSHIP' TOTAL RATE Clay TOTAL RATE DIFFERENTIAL Total State Rate 0.0024 0.08% 0.0024 0.05% Total County Rate 0.5002 16.22% 0.5002 9.72% Township Fund 0.0154 0.0154 Poor Relief Fund 0.005 0.005 Fire Building Debt Fund 0.0211 0 Spcl. Fire Dist General 0.1926 0 Spcl. Fire Eqpt Replace 0.0205 0 Poor Relief Debt 0 0 Cumulative Fire 0 'Total Township Rate 0.2546 8.26% 0.0204 0.40% Rate Decrease: Total School Rate 1.6033 52.00% 1.6033 31.16% Total Library Rate 0.2027 6.57% 0.2027 3.94% Total City/Town Rate 0 2.1795 42.35% Total Redevelopment 0.032 0.62% District Rate 0 Total Airport Rate 0.0301 0.98% 0.0301 0.58% South Bend Transpo 0 0.0856 1.66% Rate Increase: TOTAL TAX RATES 3.083 84.12% 5.1459 90.48% Source: St Joseph County Auditor Tax Records- Certified Tax Rates 05 pay 06 - 0.0211 - 0.1926 - 0.0205 0 - 0.2342 2.1795 0.032 0.0856 2.2971 2.0629 Shown for informational purposes only, HEA 1001 will cap property taxes a one percent of assessed value for owner - occupied properties, two percent for rental properties, and three percent for commercial properties. Stadium Villa e Annexation Area 16 LEGAL DESCRIPTION ANNEXATION LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT -OF -WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF -WAY LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAID BURDETTE STREET; THENCENORTH ALONG SAID RIGHT -OF -WAY LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. filed lcl"I�' a 0-Mdes OCT 2 1 2G08 JaidN vo ROE SQ uF iO, IN. CITY CLERK, Stadium Village Annexation Area 17 MAP 1 c,1-arM im Place Annexation Area Annexation Area City Limits North August 2008 &�� ot��_ 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 CLAY TOWNSHIP (54908 IVY ROAD (COURT) 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 Clay 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 0.78 acres of land, containing one single family structure, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 40.45% contiguous, generally located at 54908 Ivy Road. It is anticipated that the annexation area will be developed for a mixed use project with retail uses on the first floor and residential uses on the second floor. 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 Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00 °52'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89 °07'51" E., 181.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00 °52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89 °03'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF IVY ROAD (A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00 052'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29 014'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY EXTENSION OF SAID RIGHT -OF -WAY LINE, N. 21 °11'38" E., 48.71 FEET TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89 °07'51" E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. 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 the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit, and ' any needed sewer or water extensions to the project site or improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard, it is required that the development include sidewalks built to City standards along the reconfigure Ivy Road (AKA Ivy Court). It is required that the annexation area integrate harmoniously with the surrounding residential areas. It should also be required 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 per the South Bend zoning ordinance standards. In this regard, the development is required to mask residential parking areas to the greatest extent possible through building placement and landscaping. Building plans and other information to satisfy all requirements imposed in this Resolution 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 NOT APPROVED ?00PTED Member, South Bend Common Council g & +�irtY:� &- iiw5-�2 Filed In C1effs OfficO OCT 2 1 2008 VOORDE CITY CLERK, So. BEKD,'N- THE CITY OF SOUTH BEND 54908 TY'Y FISCAL PLAN ROAD (COURT) ANNEXA Stepheii JT Lifecke - Mayor South Bend City Council DerekDieiet Henry Davis Jr Tom LaFountain Ann Puzzello David Varner Oliver Davis Al Kirsits Timothy Rouse Karen White TION AREA W Prepared By: Division of Community Development 227i%°f- efferson Blvd. Suite 1200 N South Bend, IN 46601 P� a C. Meyer; D-itector Jeff i t t o I i Planner Exhibit "A" A October 1, 2008 Liz, T " Stepheii JT Lifecke - Mayor South Bend City Council DerekDieiet Henry Davis Jr Tom LaFountain Ann Puzzello David Varner Oliver Davis Al Kirsits Timothy Rouse Karen White TION AREA W Prepared By: Division of Community Development 227i%°f- efferson Blvd. Suite 1200 N South Bend, IN 46601 P� a C. Meyer; D-itector Jeff i t t o I i Planner Exhibit "A" A October 1, 2008 Liz, " 77 I's 54908 Ivy Road (Court) 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 SECTIONV. FISCAL IMPACT ............................... ............................... 12 Fiscal Impact: TABLE 1 ............................ ............................... 13 SECTIONVI. APPROVAL ........................................ ............................... 14 Tax Rate Information: TABLE 2 ........................ ............................... 15 LegalDescription: ........................................... ............................... 16 Map: MAP 1 ...................................................... ............................... 17 54908 Ivy Road (Court) 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 Clay 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 at 54908 Ivy Road, which is now commonly referred to as the Ivy Court cul -de -sac and includes a significant amount of right of way considering the size of the annexation area. It should be noted that the right of way that does not have direct frontage to the parcel being annexed abuts property already within the corporate limits of the City. See Map 1. B. Legal Description The Annexation Area is part of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana. For a complete legal description see Page 15. C. Contiguity The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City. limits: Contiguous 39913 feet 40.45% Non - Contiguous 587.60 feet 59.55% Total 986.73 feet 100% D. Size of Annexation Area The Annexation Area is 0.78 acres in area. 54908 Ivy Road (Court Annexation Area 4 E. Buildings and Land Use The site currently contains one single - family detached structure. Generally speaking, the annexation area is surrounded by the University of Notre Dame and medium to high density uses save for some single family residential structures directly to the north. F. Zoning & Subdivisions The site is zoned "R" Residential in unincorporated St. Joseph County. It is proposed to be zoned "SF1" Single Family Residential upon approval of the City Council and incorporation into the City of South Bend. It is anticipated that rezoning to "MU" Mixed Use will be sought in the future. G. Population One (1) person currently resides in the Annexation Area. H. Tax Rate Based upon a preliminary understanding of HEA 1001 the tax rates for different classifications of property are as follows irregardless of being within South Bend. or unincorporated St. Joseph County. I. Assessments 2007 payable 2008, St. Joseph County Auditor property tax records: Land and Improvements Net: $46,100.00 J. Municipal Legislative District The Annexation Area will be in the 4th District. 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 Clay.Township Trustee has been notified of this Annexation. 54908 Ivy Road (Court) Annexation Area 5 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - A twelve inch (12 ") diameter public sewer is available on Ivy Road to serve this one lot annexation area. Revenue from customers on this sewer will be sufficient to operate and maintain the facility without burden to other ratepayers. Water - There is an 8 water main that - provides service from Edison Road to Jamison Inn development south of the Annexation Area. The main terminates at a fire hydrant about 150 feet south of the property at 54908 Ivy Road. A short main extension will be required to reach the annexed area at the developer's expense. No recent flow test data is available for Ivy Road. The static pressure will be about 55 psi and there should be adequate capacity for the annexed 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 4, and the rules and regulations of the South.Bend Water Works and Sewer Utility. Waivers of Annexation - No waivers of annexation are in effect for the Annexation Area. Streets - The University of Notre Dame and Saint Joseph County constructed Twyckenham Drive. The Twyckenham alignment included some segments of Ivy Road, but deviated from that alignment in several areas including the region of this annexation area. The Twyckenham project included construction of "Ivy Court" to provide access to properties fronting Ivy Road, including this annexation area. The new streets were dedicated to St. Joseph County in 2006. Several segments of Ivy Road were demolished and removed as part of the project. That includes a segment within this annexation area. Petitions to vacate the right of way segments have been prepared by an engineering consultant and surveyor but they have not been submitted to the County Council for action. As there is no continuity between the City of South Bend street network and the small segment of Ivy Court in this annexation area. The street segment should remain on Saint Joseph County's inventory for maintenance and fuel tax reimbursements. Drainage Plan - Drainage facilities will be required to be constructed by the developer and meet.the latest City of South Bend standards. 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 New Mileage within Area: @.00miles (feet) Estimated Maintenance cost for Annexation Area per year: @$0 54908 Ivy Road (Court Annexation Area 6 B. Police Department The Annexation Area would be expected to be added to the already existing BEAT 11. 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. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. 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: Not Available Number of new Parcels: 1 Cost for Annexation Area per year: $562 (2 parcels x $562 cost /parcel) C. Fire Department Fire Response — The City provides a fully staffed, full time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station #3, located at 1805 Mckinley Avenue, approximately 1.6 miles away. Additional Fire Department units would respond from Fire Station #2 located at 430 Dr. Martin Luther King Drive which is approximately 2.6 miles away and Fire Station #7 at 1616 Portage Ave., which is approximately 2.8 miles away and Fire Station #9 at 2520 Mishawaka Av which is approximately 3.3 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: 54908 LvX Road (Court 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, located at Fire Station #11 at 3505 N. Bendix. Upon incorporation, the Annexation Area will be serviced by Medic #3, located at Fire Station #2, 430 Dr. Martin Luther King Drive, which is approximately 2.6 miles away and Medic #2, located at Fire Station #1, 1222 S. Michigan St. 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 Not available 1 $448 $21 $117 Total Per Year Cost: $586.00 The Annexation Area will be added to Area 4. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. 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 E. Environmental Services 54908 Ivy Road (Court) Annexation Area 8 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 eventually contain multi - family residential units and commercial. These uses will have centralized waste collection locations. A licensed private waste hauler will be required to serve these developments. As single - family, duplex units are constructed, The Division of Environmental Services could service them at the rates noted below. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers effective September 1, 2008: .Single family rate: $10.56 per month Senior rate: $ 6.34 per month Duplex rate: $16.56 per month Tri -plex: $22.56 per month Quad: $23.80 per month Recycling fee: $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. 549081 Road (Court 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 uses. City Plan, South Bend's comprehensive plan, notes that land use relationships, pedestrian movement /safety and vehicular site access are important elements to be addressed in developments of all kinds. City Plan also expresses a need to consider how buildings relate to the street. Building design that is sensitive to massing, shape, scale and finishes will ensure that private development will enhance and reinforce the City's commitment to development and design of the highest quality. Land Use - Transportation Analysis The Annexation Area will be developed in conjunction with th'e two parcels (024- 1105 -5292 and 024 -1105 -5294) to the north of 54908 Ivy Road. As such this analysis will view the development holistically. To west of the Development Area is the University of Norte Dame, to the east is medium - density residential (Jameson & Turtle Creek), to the north is single- family residential, and to the south is commercial property. The Development Area is located off of a cul -de -sac known as Ivy Court, along the alignment of the former Ivy Road, which connects to the recently constructed portion of Twyckenham. The entrance to the Ivy Court Inn is located is off of this cul -de -sac. The surrounding area to the east of the University of Notre Dame has experienced relatively high levels of growth in the form of medium density residential condos and apartments, and is expected to continue until market demand is met. Given the surrounding land -uses and recent transportation enhancements, future rezoning to "MU" Mixed Used or "MF" Multi- Family are acceptable land -uses pending a site -plan that satisfies the Development Criteria found below. Please note, that this petition only regards the proposed annexation. A rezoning petition to another land -use will occur in the near future pending a favorable outcome of this petition, and the Annexation Area will be zoned "SF1" Single Family Residential until that time. Development Criteria The current development concept for the Annexation Area is a "MU" Mixed Use building with a 12,000 Square Feet retail component on the first floor and 10 residential units on the second floor. This form of development is unique to the immediate area, and City Plan notes that this form of development benefits the community. by: • Helping create a sense of place • Maximizing use of land by supporting sustainable land development • Maximizing use of existing public infrastructure City Plan also notes that Mixed Use development can encourage positive pedestrian activity. However, it is important to note that traditional cul -de -sacs are known for being an impediment to pedestrian activity by reducing connectivity. As such, in consideration of rezoning and annexation it is required that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement within the annexation area. 54908 L Road (Couro Annexation Area 10 Sidewalks adjacent to the development will be required. It should also be required 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. If feasible, residential parking areas shall be located in the rear of the building to minimize the size of the parking lot in front and make more desirable front set -backs feasible. If the "MU" Mixed Use development concept is not pursued in favor of "MP Multi - Family development the parking area shall be located to the rear of the building to the greatest possible extent in order to minimize the view of the parking area from Twyckenham and make more desirable front set -backs possible. 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. 54908Iv Road ElurQ Annexation Area I1 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. Property tax revenues based upon full implementation of HEA 1001. 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. 54908 Ivy Road (Court) Annexation Area 12 TABLE 1 Summary Table s Estimated Fiscal Impact Expenditures Capital (est.) Non - Capital 5 -Year Per Year (est.) Sewer Extension $0.00 To be installed by $0.00 developer Water Extension $0.00 To be installed by $0.00 developer To be Street Lights $0.00 installed by $0.00 developer Police $0.00 $562 $2,810.00 Fire &EMS $0.00 $691 $3,455.00 Code $0.00 $47 $235.00 Street Maintenance 0.00 $0 0 Street Construction $0.00 To be installed by $0.00 developer Approximate 5 -Year Cost $6,500.00 Revenues Tax Year @ Property Taxes unincorporated (est) (year 1; 2009) 06/09 $1,383 (year 2; 2010) "Build Out" Year 07/10 $ 56,583 (year 3; 2011) 08/11 $ 111,783 (year 4; 2012) 10/12 $ 166,983 (year 5; 2013) 11/13 $ 222,183 Note: All Revenues estimated & cumulative MVH /LRSA estimated from 2001 $0 revenue /mile X 5 years @$11,340 Total $222,183 54908 L Road (Court) Annexation Area 13 A. Revenue estimate is based upon nearby comparable assessed values in Clay Township for attached residential units ($150,000 per unit) taxed at two percent of assessed value, and for comparable retail property ($70 per square foot) taxed at three percent of assessed value. B. Total estimated assessed value: 10 Apartments @ $150,000 per unit: $1,500,000 12 000 Sa Ft Retail (a $70 per Sq Ft • $840.000 Total: $2,340,000 C. Total estimated per year tax revenue: Apartments: $1,500,000(0.02) = $30,000 Retail X840,000(0.03)= $25.200 Total: $55,200 54908 L Road (Court Annexation Area 14 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2008. 54908 L Road Court Annexation Area 15 TABLE 1 TAX RATE INFORMATION - Clay Township 2005 PAYABLE 2006 TOTAL TAX RATES 3.083 84.12% 5.1459 90.48% 2.0629 Source: St Joseph County Auditor Tax Records- Certified Tax Rates 05 pay 06 Shown for informational purposes only, HEA 1001 will cap property taxes a one percent of assessed value for owner - occupied properties, two percent for rental properties, and three percent for commercial properties. Clay % OF SOUTH BEND % OF TAX RATE FUND TOWNSHIP TOTAL RATE Clay TOTAL RATE DIFFERENTIAL Total State Rate 0.0024 0.08% 0.0024 0.05% Total County Rate 0.5002 16.22% 0.5002 9.72% Township Fund 0.0154. 0.0154 Poor Relief Fund 0.005 0.005 - 0.0211 Fire Building Debt Fund 0.0211 0 - 0.1926 Spcl. Fire Dist General 0.1926 0 - 0.0205 Spcl. Fire Eqpt Replace 0.0205 0 Poor Relief Debt 0 0 0 Cumulative Fire 0 Total Township Rate 0.2546 8.26% 0.0204 0.40% Rate Decrease: - 0.2342 Total School Rate 1.6033 52.00% 1.6033 31.16% Total Library Rate 0.2027 6.57% 0.2027 3.94% Total City/Town Rate 0 2.1795 42.35% 2.1795 Total Redevelopment 0.032 0.62 °(° 0.032 District Rate 0 Total Airport Rate 0.0301 0.98% 0.0301 0.58% South Bend Transpo 0 0.0856 1.66% 0.0856 Rate Increase: 2.2971 TOTAL TAX RATES 3.083 84.12% 5.1459 90.48% 2.0629 Source: St Joseph County Auditor Tax Records- Certified Tax Rates 05 pay 06 Shown for informational purposes only, HEA 1001 will cap property taxes a one percent of assessed value for owner - occupied properties, two percent for rental properties, and three percent for commercial properties. 54908 L Road LCourt . Annexation Area 16 ANNEXATION LEGAL DESCRIPTION: APART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT 9 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29,1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00 052'09" E., 136.00 FEET MORE ORLESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89 °07'51" E., 181.15 FEET MORE ORLESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00 052'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89 °03'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF IVY ROAD (A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00 °52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE ORLESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29014'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE ORLESS TO A POINT ON THE EAST LINE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY EXTENSION OF SAID RIGHT -OF -WAY LINE, N. 21 °11'38" E., 48.71 FEET TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89 °07'51" E., 101.28 FEET MORE ORLESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. olttcb ��pOR4E 54908 Ivy Road (Court) Annexation Area 17 A,NNEXAPON DIAGRAM 4� P.O.B. w; •a a tf •33• r 1 14' Ws E PUBLIC ALLEY 6 u m cL L -2 ANNE)(A'n0N ; PARCEL 0.78 ACRES± j 14' WIDE PUBLIC ALLEY y La; CURVE TABLE CURVE I RADIUS I ARC LENGTHH I CHORD LENGTH CHORD BEARING C— t 253.00' 105.08' 104.32' N 29'14'35-- W iJatt>rh. Hartter��t�acrciate�= Trt� Land surveyors •Professional Engineers Landscape Architects- Land Planners - 1843 Cemmerce Ik:.e . Sa•'S, Bec>f, Rt <8828 .. M I 0 60 SGaE - , j €C' !n Cle OCT 2 1 MOB ,IOH ?1 BL-" Gli`! CLr K, F LINE CtfW UNE BEARING DISTANCE L -1 S 0952'09" E 136.00' L -2 N 89'07'51" E 1 181.15' L -3 S 00-52'09" E 81.98` L -4 S 8.03'20 251.15' L -5 N 00'52'09" 81.38' L -6 N 2111'38" E 4871' L -7 9'0N 101.28' iJatt>rh. Hartter��t�acrciate�= Trt� Land surveyors •Professional Engineers Landscape Architects- Land Planners - 1843 Cemmerce Ik:.e . Sa•'S, Bec>f, Rt <8828 .. M I 0 60 SGaE - , j €C' !n Cle OCT 2 1 MOB ,IOH ?1 BL-" Gli`! CLr K, F MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 13,11 0o, V 0g July 31, 2008 RE: Annexation & Rezoning Petition for Stadium Place Developers for property in the 54700 Block of Burdette Street and Rezoning for property in the 1800 Block of Vaness Street, South Bend, Indiana: Dear Council Members: Our client is requesting the approval of an Annexation and Rezoning to the "PUD" Planned Unit Development District Classification for their property located in the 54700 Block of Burdette Street and property in the 1800 Block of Vaness Street, South Bend, Indiana. This Annexation and Rezoning is to allow for the construction of three residential buildings within a proposed Planned Unit Development. Our clients hope. that the Council will approve the requested Annexation and Rezoning request. They believe the requested rezoning would fit in this established neighborhood area of South Bend that contains a mix of residential type land uses. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, ichael J. Danc President Danch, Harner & Associates File No. 080178 "C" Md. 1643 Commerce Drive e South Send, IN 46628 office 5741234 -4003 ■ 8001594 -4003 ■ Fax 5741234 -4119 F1 d iFi 66ltrTi? - FALUIG 5 2008 c:r� c>al^i3x, t 208 West Mars ■ Berrien Springs, MI 49103 office 2691471 -3010 ■ Fax 2691471 -7237 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 CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, JOHN ROY (PETITIONER) 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.77 + /- acres located in Clay 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 the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for 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: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION & REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT -OF -WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF -WAY LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT -OF -WAY LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. (REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF VANESS STREET AND THE WEST RIGHT -OF -WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT -OF -WAY LINE OF SAID VANESS STREET, 5.04.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF -WAY LINE, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR 2 LESS, TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAID WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT -OF -WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 1.83 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS-, EASEMENTS AND RESTRICTIONS OF RECORD. 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 I 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 in Parcels I & II, with the exception of all adjacent rights -of -way, is hereby established as "PUD" Planned Unit Development District, in the City of South Bend, St. Joseph County, State of Indiana; 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, approved by the Mayor, and legal publication. (j vw A-: Y u'l-; . { 14— Member of the` Common Council Attest: Signing of this bill is only to provide an opportunity for public hearing and Council action on this issue. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Day of , 2 , at O'clock _. M. Approved and signed by me on the at O'clock M. 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Eel q L `nrr���[fiice Cis AUG � — 5 2009 eilJl:q`40 Y {ti1E 01TY GL'c_n'.:. 0. FiFiia, Mal. City Clerk Day of 2 , Mayor, City of South Bend, Indiana PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in. Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "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 (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: 54700 Burdette Street South Bend, Indiana 46637. 5). That the name and address of the property owner(s) of the petition site is: Stadium Place Developers, LLC 822 Main Street Lafayette, Indiana 47902 (765) 429 -4044. Property Tax Key Nos. 02- 1106 -5383, Property Tax Key Nos. 02- 1106 - 5389.01 6). That the name and address of the contingent purchaser(s), if applicable, is: N/A 7). Parcel I, the property to be annexed is 0.95 + /- acres in size and currently has the following use(s) on it: Single - family home. Population (1). Parcel II, the property to be rezoned 1.83 + /- acres in size and is presently in the City and contains a Buildings under construction. 8). It is desired and requested that the petition site be rezoned: Parcel I.: (Anticipated Build -out year - 2009) From: "R" Residential (County Zoning) To "PUD" Planned Unit Development District 2 Parcel II.: (Anticipated Build -out year - 2009) From: "MU" Mixed Use District To "PUD" Planned Unit Development District for the following uses: Residential Planned Unit Development as allowed under the "PUD" Planned Unit Development District Zoning classification. 9). The following information has been submitted with the Petition: . a). 1. A legal description of the property, titled as Exhibit nAn 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; 2a. 17 Copies of site plan. 3. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. b) . By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to annex and zone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to its former zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. 10). The signature(s) of all property owner(s), or Attorney for all property owner(s). Signed: Tom Troeger for Stadium Place Developers, LC 822 Main Street Lafayette, Indiana 47902 (765) 429- 4044. 11). Name, Address & Phone Number of Contact Person /Preparer: Danch, Harner & Associates, Inc. C/O Michael Danch 1643 Commerce Drive Tod In CIO -rk's ORIC8 South Bend, Indiana 46628 (574) 234 -4003. AUG - 5 2008 JOHN VOOADE CITY CLEFK, SO -1), [3E ^ID, Iii. EXHIBIT "An ANNEXATION LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT -OF -WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF -WAY LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT -OF -WAY. LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION PARCEL I THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 249.60 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT -OF -WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF -WAY LINE, 129.80 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.88 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION PARCEL II THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF VANESS STREET AND THE WEST RIGHT - OF -WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG. THE NORTH RIGHT -OF -WAY LINE OF SAID VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF -WAY LINE, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAID WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT -OF -WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 1.83 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. HMO 111. Property Owners _ Within 300 Feet LUG a =CITYC;~ ERK, 5^. rE °��, i�:• Willis Street Townhomes LLC Stadium Place Dev LLC Glenn & Kaye Blossom 19468 Blue Oak Ct 822 Main St 20 Lyndale Ave Noblesville, IN. 46060 Lafayette, IN. 47902 Staten Island, NY 10312 Tax Key # 002 1106 5380 Tax Key # 002 1106 5383 Tax Key #.002 1106 5384 Stadium Place Dev Inc Robert A Howland Jr Zolman Tire Inc. 822 Main St 54739 Willis 18255 Vaness St Lafayette, IN. 47902 South Bend, IN. 46637 South Bend, IN. 46637 Tax Key # 002 1106 538901 Tax Key # 002 1106 5390 Tax Key # 002 1106 539101 Salvation Army Campus Shoppes LLC Campus Shoppes LLC 510 S Main St 22700 Crenshaw Blvd Suite 123 22700 Crenshaw Blvd. Ste. 123 South Bend, IN. 46601 Torrance, CA. 90505 Torrance, CA. 90505 Tax Key # 024 1106 539710 Tax key # 024 1003 056601 Tax Key # 024 1003 055603 AIMCO Turtle Creek LP Stadium Place Developers LLC Stadium Place Developers LLC 191 N.Wacker Dr.Ste. 2600 822 Main 822 S Main Chicago, IL. 60606 Lafayette, IN. 47902 Lafayette, IN. 47902 Tax Key # 024 1003 0565 Tax Key # 002 1106 5395 Tax Key # 002 1106 5394 Stadium Place Developers LLC Stadium Place Developers LLC University of Notre Dame Du Lac 822 Main St 822 Main St 910 Flanner Hall Lafayette, IN. 47902 Lafayette, IN. 47902 Notre Dame, IN. 46556 Tax Key # 002 1106 539301 Tax Key # 002 1106 539302 Tax Key # 002 1106 5393 Stadium Place Developers LLC University of Notre Dame Du Lac University of Notre Dame Du Lac 822 Main St 836 Grace Hall 836 Grace Hall Lafayette, IN. 47902 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1106 5389 Tax Key # 002 1106 539201 Tax Key # 002 1106 539202 University of Notre Dame Du Lac Thomas Chapleau University of Notre Dame Du Lac 836 Grace Hall 472 Capricorn Street 836 Grace Hall Notre Dame, IN. 46556 Brea,CA. 92821 Notre Dame, IN. 46556 Tax Key # 002 1106 5392 Tax Key # 002 1106 5387 Tax Key # 002 1106 5386 Stadium Village Homes LLC Stadium Village Homes LLC University of Notre Dame 1212 Walnut 1212 Walnut 824 Grace Hall South Bend, IN. 46619 South Bend, IN. 46619 Notre Dame, IN. 46556 Tax Key # 002 1106 5388 Tax Key # 002 1106 538101 Tax Key # 002 1106 5381 Adam & Jozefa Zdanowski Robert A Johnson Jr./ Jean Rinehart University of Notre Dame / Angel 9321 Laurence St 54666 Ivy Rd Miller Allen Park, MI. 48101 South Bend, IN. 46637 824 Grace Hall Tax Key # 002 1106 5377 Tax Key # 002 1106 5376 Notre Dame, IN. 46556 Tax Kav# nm 11 nR ..9379n1 University of Notre Dame Angel Miller Willie & Pamela White Willie & Pamela Harris 824 Grace Hall 54693 Burdette 54693 Burdette St Notre Dame, IN. 46556 South Bend, IN. 46637 South Bend, IN. 46637 Tax Key # 002 1106 5370 Tax Key # 002 1106 537202 Tax Key # 002 1106 5372 Connie _L Haley 54673 Burdette South Bend, IN. 46637 Tax Key # 002 1106 5371 Irish Crossings Development LLC P.O.Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 5367 Irish Crossings Development LLC P.O.Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 5379 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5382 Irish Crossings Development LLC P.O.Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 5374 Jean Johnson Revocable Trust 54703 Willis Street South Bend, IN. 46637 Tax Key # 002 1106 538401 Edward C Wolfe 711 Brockmoore Lane Bloomfield Hills, MI. 48304 Tax Key # 002 1106 5362 Irish Crossings Development LLC P.O.Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 537901 Kevin & Kristie Sandor 52266 Lookout Pointe Cr Granger, IN. 46530 Tax Key # 0021106 5368 Kevin & Kristie Sandor South Bend Brookhaven LLC Salvation Army 52266 Lookout Pointe Cr 380 Union St. Ste. 300 510 S Main Granger, IN. 46530 Springfield, MA. 01109 South Bend, IN. 46601 Tax Key # 002 1106 5375 Tax Key # 024 1106 539712 Tax Key # 024 1106 539714 I I ANNEXATION DIAGRAM �- •1J Find In C,ork's 0" ivs ^ LINE CHART a °o o� 0 100 SCALE 1•= 100' Dlanck Harner &A96ociate' ince Land Surveyors • Professional Engineers Landscape Architects. Land Planners Off;— (574)234 -4003 / (800)594 -4003 Fax: (514)234 -4119 1643 Commerce Drive • South Bend• IN 46628 AUG - 5 2008 CrrYC 2 BEARING DISTANCE 1 NORTH 82.85± ELINE 2 WEST 60.00± 3 NORTH 46.70± Dlanck Harner &A96ociate' ince Land Surveyors • Professional Engineers Landscape Architects. Land Planners Off;— (574)234 -4003 / (800)594 -4003 Fax: (514)234 -4119 1643 Commerce Drive • South Bend• IN 46628 AUG - 5 2008 CrrYC 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 CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT # 4 JOHN D. & LEONA RAPPELLI AND ROSEMARY R. MANDRICI 54902 IVY ROAD (A.K.A. IVY COURT), SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 0.78 acres located in Clay 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: ANNEXATION LEGAL DESCRIPTION: A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00 °52'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89 °07'51" E., 18 1. 15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00 °52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89 °03'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF IVY ROAD 0 (A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00 °52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29 014'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY. EXTENSION OF SAID RIGHT -OF -WAY LINE, N. 21 °11'38" E., 48.71 FEET TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89 °07'51" E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. 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 vll"�� MEMBER OF THE COMMON C UNCIL Attest: colind EG10.9 on City Clerk 91 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 READ?N'G O PUBLIC HE ?19G 3 rd .READ G NOT APT ,.uVgc REFERRED PASSED 2 , at Mayor, City of South Bend, Indiana i llerkls Office SEP 1 0 ?c�a JG� *� VCC�Cg CITY CLERI- BD 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 Clay 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 (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 is generally located at: 54902 Ivy Road, South Bend, Indiana 46637 5) The Property Tax Key Numbers are: 002 -1105 -5296 002- 1105 -5293 002 - 1105 -5291 6) The name and address of the contingent purchaser(s), if applicable, is /are: N/A 7) The parcel is 0.78 acres in size and currently has the following use(s) on it: Single - family home. 8) The parcel will be used for the following use(s): Residential for present. 9) The number of current residents in the annexation area: —I- 10) The anticipated "build -out" year for the project: N/A 11) The proposed number of parcels:_1 12) The proposed miles of new roadways: NONE The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: �l 4Leona John D. Rappelli Rappelli Address: 704 Peashwgy South Bend Indiana 46617 Phone Number: 232 -0875 Signed: R semary Man t ici Address: 820 Peashwa South Bend, Indiana 46617 Phone Number: 292 -0974 Name, Address & Phone Number of Contact Person: Michael J. Danch Danch, Harper & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003. Filed in UeTlk s 0 'Ica SEP - 3 2W8 CITY Filed In Clerk's Office SEP 1 0 2008 JOHN V0 RDE ANNEXATION DIAGRAM I ' LOT 1 O gar a JvJC�$ o` /P.O.B. 46— -- — — LOT 9 i n+ J J Q • U — 7 J a a W \ LOT 8 0 __ 3 L0T ?9 j L -2 LOT 7 ANNEXATION PARCEL CA I 0.78 ACRES± 14' WIDE PUBLIC ALLEY Q'+ 14' WIDE PUBLIC ALLEY LCT 31 r ` LOT 6 II U� LINE CHART LINE BEARING DISTANCE CURVE TABLE S 00'52'09" E 136.00' L -2 CURVE C -1 RADIUS 253.00' ARC LENGTH 105.08' CHORD LENGTH 1 104.32' CHORD BEARING N 29'14'35" W L -4 LINE CHART LINE BEARING DISTANCE L -1 S 00'52'09" E 136.00' L -2 N 89'07'51" E 181.15' L -3 S 00'52'09" E 81.98' L -4 S 89'03'20" W 251.15' L -5 N 00'52'09" W 81.38' L -6 N 21'11'38" E 48.71' L -7 N 89'07'51" E 101.28' REVISED 9 /10 /08- CORRECTION TO LEGAL DESCRIPTION Ranch, Horner &Aeeociate6, Inc Land Surveyors • Professional Engineers DMLandscape Architects- Land Planners office: (574)234 -4003 / (800)594 -4DD3 • Fax: (574)234 -4119 1643 Commerce Drive • South Bend. IN 46628 I SC&E 1'= 67 1 2 ANNEXATION DIAGRAM A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00'52'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89'07'51" E., 181.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT— OF— WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00'52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89'03'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT— OF— WAY LINE OF IVY ROAD (A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00'52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT —OF —WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29'14'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY EXTENSION OF SAID RIGHT —OF —WAY LINE, N. 21'11'38" E., 48.71 FEET TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89'07'51" E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. SEP 1 S 'i 11`1. REVISED 9 /10 /08- CORRECTION TO LEGAL DESCRIPTION Vann HKNH@N *Ad6odateO� Inc Land Surveyors • Professional Engineers 2 L*N Landscape Architects- Land Planners 2 Office: (574)234 -4003 / (800)594 -4003 • Fax: (574)234 -4119 1643 Commerce Drive South Bend, IN 46628 r- ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first North /South alley West of Dr. Martin Luther King Blvd from W Washington St North to the first East/West alley for a distance of 198 feet, more or less, and a width of 8 feet, more or less. Being a part of Dunbar's Subdivision of Bank Outlots 31 and 32, City of South Bend, Portage Township, 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 first North /South alley West of Dr. Martin Luther King Blvd from W Washington St North to the first East/West alley for a distance of 198 feet, more or less, and a width of 8 feet, more or less. Being a part of Dunbar's Subdivision of Bank Outlots 31 and 32, City of South Bend, Portage Township, St. Joseph County, Indiana. Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: Lot Number: 3 of Dunbar's Sub of Bank Outlots 31 & 32 Key Number: 18- 1025 -1058 Lot Number: 2 of Dunbar's Sub of Bank Outlots 31 & 32 Key Number: 18- 1025 -1060 Section IV. The purpose of the vacation of the real property is To reverse City of South Bend, Board of Public Works Condemnation Resolution Number 70, adopted January 9, 1923 entitled: Opening of an Alley in Dunbar's Subdivision of Bank out lots 31 and 32. Thus allowing the property described in Section 1 to be consolidated into Lot 2 Ex 8 Ft W Side Alley Dunbar's Sub Bol 31 (Key Number 18- 1025 -1060) returning this parcel to it's original dimensions and legal description: Lot 2 Dunbar's Sub Bol 31. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Cotdhcil Attest: .. gg €;s 4,R ,, 5- tit: <<a ;^D (�C(a[j E� _•pi ^, €:•0 op City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of Sout 1 st READING T-7—r- a b PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED) odd ffi Clerk-'s Office AUG 14 2008 JCili�E i`�Eir7l3[ Clif CLERK, SO. MID, IN. PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: O S - Z UG`� 1, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: THE FIRST NORTH /SOUTH ALLEY WEST OF DR. MARTIN LUTHER KING BLVD FROM W. WASHINGTON ST NORTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS, AND A WIDTH OF 8 FEET, MORE OR LESS. BEING A PART OF DUNBAR'S SUBDIVISION OF BANK OUTLOTS 31 AND 32, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. B. THE STREET DESCRIBED AS: DIRECTLY WEST OF 807 W WASHINGTON ST ADDRESS 807 W WASHINGTON ST SOUTH BEND IN 46601 -1438 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455- COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 CONTACT PERSON NAME: .FAMES E BOGNAR LOT # #2 of Dunbar's Sub of Bank Outlots 31 & 32 Key #: 18- 1025 -1060 ADDRESS: 807 W WASHINGTON ST SOUTH BEND IN 46601 -1438 PHONE: 574 - 233 -6191 Property Owners Of Record Northern Indiana Historical Society 808 W Washington St South Bend IN 46601 Key Numbers: 18 -3054 -2085, 18- 1042 -1822, 18- 1025 -1058 Vera Brown 110 LaPorte Ave South Bend IN 46616 Key Number: 18- 1025- 105701 Dennie Schrock 219 N Elder Mishawaka IN 46544 Key Number: 18 -1025 -1057 Historic Dunbar Corner Partnership 914-LWW South Bend IN 46616 Key Number: 18 -1025 -1069 Danny & Lisa K Phillips AKA: Lisa K Bognar AKA: Paul M & Lisa K Bognar 832 W Colfax Ave South Bend IN 46601 Key Numbers:_ 18- 1025 -1070 (Lisa K Bognar), 18- 1025 -1071 (Paul M & Lisa K Bognar), 18- 1025 -.1072 (Danny & Lisa K Phillips) 1 Lee F and Janice L Barnhart 828 W Colfax Ave South Bend IN 46601 Key Numbers: 18- 1025 -1073 and 18- 1025- 107401 Thomas F & Jan A Kaade 820 W Colfax Ave South Bend IN 46601 Key Number: 18- 1025 -1075 John Freidline 108 N Main St STE 711 South Bend IN 46601 Key Number: 18 -1025- 106201 2 033 � I 1025 -1055 i8- 1025 -1071 ii?- 1025 -iQfiB 18- 1025 -1009 18- 10251054 18- 1025 -1033 \� 51067 2 -1821 05701 18-1042 -1822 18-1025A070 18- 1025 -10721 118 -1025 -1073 1 Is- 8' rn 18- 1025 -1058 °CO' 1t i 8-1 025 -1Q� 102fi -1�5 1025- tt3x.,a 1B- c3 Q 18- 1025 -�utu� � - 18- 1025 -1051 Washington St. 1 GZG5A -2085 The alley to be vacated is the first North /South alley West of Martin Luther King Blvd from Washington Street North to the first Bak Outlotse alley for South iBe de Portage Township,oStd. Joseph Cougty,Bndiana, part of Dunbar's Subdivision of 1316 COUNTY -CGTY BUILDING 227` ..lEFFFFSoi3BOULEVARD SOUTH BEND, 11,10IAI,IA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECYE, MAYOR BOARD OF PUBLIC WORKS June 23, 2008 Mr. James Bognar 807 West Washington Street South Bend, Indiana 46601 ?FoNTE5741235 -9251 rA., 774/ 235 -9171 TDD 574/ 235 -5567 RE: Alley Vacation — First North /South Alley East of LaPorte Avenue, North from Washington Street to the First East/West Alley. between LaPorte Avenue and Chapin Street Dear Mr. Bognar: At its meeting on June 23, 2008, the Board of Public Works reviewed your petition to vacate the above alley. Favorable recommendations were submitted from the Engineering Division, Community & Economic Development, Area Plan Commission, and Police Department. The Fire Department stated the section of North/South alley is one of two means to get to structures at the cross alley paths. There are large garages there. The hydrant is on Washington near the alley entrance and Colfax on the North end of the alley. It will make it very hard to extinguish fires if the vacation happens. The Board of Public Works has given its' approval of your petition to vacate the alley, based on your statement at the June 23, 2008 meeting agreeing to a Blanket Access Agreement for all emergency vehicles to have access to the properties located on the alley in the case of any emergency. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map. Once this concern is addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Cleric' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. incerely, Lin Martin, Clel GARYA. GILOT, P.E. CARL P. LITTRELL, P. E. DONALD E. INKS' PRESIDENT MEMBER MEMBER INTER - OFFICE MEF00RANDUM BOARD OF PUBLIC WORKS TO: Xrl Littrell, Engineering Department - _-John Byorni, Area Plan Commission (235 =9813 fax) Jeff Gibney, Community & Economic Development rf�ris Dressel, Community & Economic Development mob Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste %,,85ephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (Irbettinpnisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ' A41 RE: Request for Recommendation - Alley Vacation Location: First North /South Alley East of LaPorte Avenue North from Chapin Street C.j- (Preliminary Review) `J DATE: April 1, 2008 �Dw DUE: April 7, 2008 FAX OR E -MAIL TO: 235 -9171 1 Imartin(a)southbendin.gov_ RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: DATE: 7. LQ E70 1; s'% FULT .95 qs '- mv Egr b oil 719 —96 1- L6 cli ; 1 1; 7W1 a .4no 6E0 /- . nq 5. groll- V/ UGOOP 9501- Zg �gol- Fb1 1 1 L 9 b511 L601- 9 ;R j Ll T cj �R L_ 0/ L 5-11- 0 L '11 I 090/- Ej vu vcOOl m Ar t CO 9� boll-L :z 01X11/_ L F 5�) �5LOI-rl 00 > F. bort- 10,6 z:/- L rLO/ lLOI -Pbrl OL01- Iwo 01 b S" v, t C() AIL Lzj L 6//- -YO CID 0901 -4 �D 41, i" 6LOi It t `9 '2 zzt_ 99 _ _--�� to EW/- bg T Ofd o7 I- Fa Q\ in o Z cc z 3: N VV 0 _j Do jj , _2 m EL X D 2 .37 uj) 1. O m o o o Q 4 o 03: Ul a e 'A, CC3 C=) c=:, > cr- cl c CL JL 7. 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S j VI ���� � � NAR A E *Accounting / Payroll Services * Income Tax Preparation 807 West Washington Street • South Bend, Indiana • 46601 -1438 r Phone: (574) 233 -6191 Fax: (574) 232-9655 Monday, June 23, 2008 City of South Bend Board of Public Works 1316 County -City Building 227 W Jefferson Blvd South Bend IN 46601 -1830 RE: Board Meeting of Monday, June 23, 2008 Recommendations, Section 9, Point H "Alley Vacation -First North /Soutli Allev East of LaPorte Avenue Nortli from Washington Street to the first East/West Alley between LaPorte Avenue and Chapin Street." Dear Board-of Public Works: I wish to express my appreciation to the Board for placing this issue on your agenda. As the petitioner it is important to provide timely and accurate information regarding this request. I believe that all parties involved in this matter need to be frilly vetted. I do not take this request lightly. The alley in question is exactly 8 foot wide and was created by this Board on January 9, 1923 (Condemnation Resolution No. 70). The purpose of this alley was to provide connection with other alleys to allow city children a path to Colfax School on Lincoln Way West. The alley is to narrow for public service vehicles (Ambulance, Fire, and Solid Waste) and the connection at the junction of cast/west north/south point is not a "true phis" design. The alley is a safety hazard for children as those autos that can use the alley cannot see pedestrians on foot. Several weeks ago I was made aware of concerns the South Bend Fire Department had with the vacation issue.-I was not present when the Fire Depaihnent preformed their preliminary review on April 2, 2008. Upon studying the document I contacted the Fire Department and requested that we have a meeting to review their comments and reconunendations. On Thursday, June 12, 2008 I met with the Fire Department representative, Assistant Chief Federico Rodriguez to review his concerns. He focused on issues relating to struchlres that are setback from the street and possible limitations with fire hydrants. I am concerned that the Board of Public Works may be uncomfortable with this matter because of the Fire Department's concerns. I believe it is important that the Board make a positive recommendation on this matter and that there are always ways to improve an original request. 0 OGUR TAX SEA * Accounting / Payroll Services * Income Tax Preparation 807 West Washington Street ^ South Bend, Indiana • 46601 -1438 Phone: (574) 233 -6191 Fax: (574) 232 -9655 The alley in question is surrounded by open area, a grass lot on one side (where the fire hydrant is located) and a parking lot on the other. When considering the totality of the area there are very few, if any, alley vacations with as many access points. In the unfortunate event that emergency personnel were called to react to a fire, equipment would have ample access to both space and direct hose line. Should the Board see fit to give this request a favorable recommendation any further action will include an access easement for emergency vehicles and personnel. I again thank the Board for it's time and effort in this matter. 4 1 r F n 7 j 2 i i i i i ,i I i i INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a-)nisource.com or 284 -2220 fax) For Informational Purposes Only FRO %1: Linda M. Martin, Clerki- -' RE: Request for Recommendation - Alley Vacation Location: "First North /South Alley East of LaPorte Avenue, North from Washington Street to the First East/West Alley between LaPorte Avenue and. Chapin Street (Preliminary Review) DATE: April 1, 2008 DUE: April 7, 2008 FAX OR E -MAIL TO: 235-91711 Imartin nsouthbendiri.gov RETURN RECOMMENDATION PAGE ONLY. ATTACRMENTS NOT REQUIRED. COMMENTS & R,ECOMMENDATIONS: Z !%D I/Ps' r TE: `'1 -06 44/02/2008 11'.44 FAX E002/002 INTER - OFFICE MFIMORARI®UM' BOARD OF PUBLIC WORI48 TO, Carl L.ittrell, Engineering Department John 8yorni, Ares Ilan Commission (235 -®S13 fix) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathla, Community & Economic D®velopment Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney'a office Jim Beitin, NIPSCO.lirbettln(c%ni ourc ®.cans or 284 -2220 fax) For rposF OIOMM FROM, Linda. M. Martin, Clerk'`�Y``-' RE: Request for Recommendation - Alley Vocatlon Location: Fi onhlSout Aile East of LaPoha Ave u eaP rte Avenue and Chapin Street (Preliminary Revlew) DATE :' April 1, 2008 DUE: �. M FAX OR EMAIL TO: 235•J 71 / trstar#In ao bendi ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMI"NTS & RECOMMENDATIONS: T.".91 FBI 1111111 V I • 1 Received Time Apr, 2. 11:07AM I i 0 , I 4•b2�aS i o � i INTER- OFFICE MEN40RANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin nisource.com_ or 284 -2220 fax) F or Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for Recommendation - Alley Vacation Location: First North /South Alley East of LaPorte Avenue North from Washington Street to the First EastfWest Alley between LaPorte Avenue and Chapin Street (Preliminary Review) DATE: April 1, 2008 DUE: April 7, 2008 FAX OR E -MAIL TO:, 235 -9171 / Imartih )southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ,�, � i� r� H 1'1 d Gr �r f �< % � �i .•� �'O % /l i T �/z t' tai �j tS� �! j'lc �T %. BY: DATE:'��.��� i , i area Plan Commission of St. Joseph ounb�l 1140 County -City Building South Bend, Indiana 46601 Larry P. Magliozzi John W. Byorni Assistant Director Executive Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235-9813 June 13th, 2008 The Board of Public Works 1.3`' Floor, County -City Building South Bend, Indiana 46601 RE: Alley Vacation First North -South Alley East of LaPorte Avenue, North from Washington Street to the First East -West Alley between LaPorte Avenue and Chapin Street. Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other. public building or place. (4) The vacation would not hinder, the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the alley be vacated subject to any further utility or access easements recommended by the Engineering and Building Departments. Sincerely, Mark Lyons Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana i �p 6- 1 3 -08 1 0:24 COMMUNITY DEVELOPMENT i i ID= +15142355097 INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Xri Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development ,/15ob Mathia, Community & Economic Development' ,Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen.Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO Qrbettin nisource.com or 284 -2220 fax) P at-tonal Purposes Only FROM: Linda M. Martin, Cierk . RE; Request for Recommendation -Alley Vacation Lacation: First North /South Alley East of LaPorte Avenue North from Washin ton Street to the First Fast/West Alle between LaPorte Avenue and Chapin Street (Pr (Preliminary Review) DATE: p A rii1,2003 DUE: April ? 2 08 FAX OR E -MAIL TO. 235 -9171 / Imartin soufhbendin. av RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS &RECOMMENDATIONS: BY: C)1 -IS 65 Received Time Jun.13. 9:34AM P.01 i i i �i t t i 061'16/ `003 09:40 5749-357536 SOUTH BEND POLICE INTER - OFFICE MEMORANDUM BOARS] OF PUBLIC WORKS PACE 01/10 TO: Xrl Littrell, Engineering Department John ®yorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development mob Mathis, Community & Economic Development ,_^derica Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goon, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinRnisource.com or 284 -2220 fax) For Infoemeflonal Purposes Only FROM Linda M. Martin, Clerk ATA— RE: Request for Recommendation - Alley Vacation Location:. First North /South Alley East of LaPorte Avenue North from Washington Street to the First EastJWest Alle between LaPorte Avenue and Chapin (Preliminary inary Review ) DATE: April 1, 2008 DUE: April 7, 2008 FAX OR E -MAIL TO; 236-0171 / Im�rti(c?- southbendin -SLOv RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ,n a. . Received Time Jun.16. 7:46AM ,TE: 6 1 1,�a /0 ,� i t I i I I i i Page 1 of 1 Cathy Daniels - Reo alley vacatiOn-42- of Iaporte, n of washingto€i From: Andre Price To: Cathy Daniels Date: 7/9/2008 7:02 AM Subject: Re: alley vacation -e of laporte, n of washington will not affect trash collection. >>> "Daniels, Cathy" <cdaniels @southbendin.gov> 6/11/2008 7:33 AM >>> This E -mail was sent from "RNP83D994" (C3828). Scan Date: 11.06.2008 06:33:41( -0500) Queries to: admin @southbendin.gov I i file: / /C:\Documents and Settings \CDAMELS\Local Settings \Temp \XPgrpwise \487462AOS... 7/9/2008 '�1`4 �,' . D.' 3. �Y J '^ � 4 � ��+ .N � �.a. y � .7n ^/ i -- N yy J`i./ ..YtJwY. �. � - l �- _:"F 2865._ :..' City of South Bend Stephen J. Luecke, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller September 3, 2008 Mr. Timothy Rouse . South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: An Ordinance 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, 2009 An Ordinance 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, 2009, and Ending December 31, 2009, Including all Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect An Ordinance of the Common Council of the City of South Bend 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, 2009, and Ending December 31, 2009, Including All Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect Dear Mr. Rouse: Attached for filing are three ordinances relative to the 2009 budget for the City of. South Bend. Two of the ordinances are necessary to appropriate monies to defray expeses of several City departments and designated funds, and the third is necessary in order to levy taxes and fix the rate of taxation for the purpose of raising revenue. If you have any questions or comments regarding these ordinances, please feel free to call me. Your favorable consideration is respectfully requested. Sincerely, M. Catherine Fanello City Controller �� � Office He` - 2009 ODE ORDINANCE NO. AN ORDINANCE 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, 2009 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 2009. 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 2008 to be collected in the year 2009 the following: For CORPORATION GENERAL FUND, the sum of $2.4000 on each one hundred dollars of Taxable Property. For PARK AND RECREATION- FUND, the sum of $0.4500 on each one hundred dollars of Taxable Property. For FIREFIGHTERS' PENSION FUND, the sum of $0.1000 on each one hundred dollars of Taxable Property. For POLICEMEN'S PENSION FUND, the sum of $0.0900 on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $0.0650 on each one hundred dollars of Taxable Property. Total Civil City Rate $3.1050 For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $0.0790 on each one hundred dollars of Taxable Property. Total Redevelopment Rate $0.0790 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 Councit Attest: E i F E.;I �11rsSi -7, GS3= di. ari City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ Day of , 2 , at o'clock _. m. Approved and signed by me on the o `clock M. 1 st READING ` � -0? PUBLIC HEARING 3 rd READING NOT •APPROVW, REFERRED PASSED Deputy City Clerk Day of ,2 ,at Mayor, City of South Bend, Indiana Filed e �' `sit�a'i7 't3 fi'08r '.008 JQI i V00 -ri- CITY CLERK, So. 000, K I L�� 0(�- n-()g PEACE City of South Bend Stephen J. Luecke, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller . September 3, 2008 Mr. Timothy Rouse South Bend Common Council 4'' Floor, County -City Building South Bend, IN 46601 Re: An Ordinance 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, 2009 An Ordinance 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, 2009, and Ending December 31, 2009, Including all Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect An Ordinance of the Common Council of the City of South Bend 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, 2009,. and Ending December 31, 2009, Including All Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect Dear Mr. Rouse: Attached for filing-are three ordinances relative to the 2009 budget for the City of South Bend. Two of the ordinances are necessary to appropriate monies to defray expenses of several City departments and designated funds, and the third is necessary in order to levy taxes and fix the rate of taxation for the purpose of raising revenue. If you have any questions or cone -rents regarding these ordinances, please feel free to call me. Your favorable consideration is respectfully requested. Sincerely, t � M. Catherine Fanello City Controller Filed i Or� 6 SE ? 3 ' 3 2008 VQQRrE ORDINANCE NO. AN ORDINANCE 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, 2009, AND ENDING DECEMBER 31, 2009, 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 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of the Civil City Government, its various departments, funds, commissions, and institutions for the fiscal year ending December 31, 2009, 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, 2009, there is hereby appropriated out of the General Fund and from Funds other than the General Fund, of said City to wit: Park and Recreation Fund Park Recreation Non - Reverting Fund East Race Waterway Motor Vehicle Highway. Fund Community and Economic Development Fund Human Rights - Federal Fund Local Roads and Streets Fund Liability Insurance & Premium Reserve Fund Self - Funded Employee Benefit Fund Central Services Fund Redevelopment Bond Fund (College Football Hall of Fame) Professional Sports Development Fund County Option Income Tax Fund Cumulative Capital Development Fund Cumulative Capital Improvement Fund County Economic Development Income Tax Fund E.M.S. Capital Improvement Fund River Rescue Fund Hazmat Fund Moms Performing Arts Center Capital Coveleski Stadium Capital Park Department Non - Reverting Capital Fund Fire Pension Fund Police Pension 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. Member of the Common Council Attest: ,uc A- i,L'F.a:a ; City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ Day of , 2___—, at o'clock m. Approved and signed by me on the Day of o'clock .m• 1 st READING ` _� or PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Deputy City Clerk 2 , at Mayor, City of South Bend, Indiana office Filed In SU JOHN V0O RAE �D, IN. CITY CLERK, PEACE ,A . .COV� �• City of South Bend Stephen J. Luecke, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller September 3, 2009 Mr. Timothy Rouse South Bend Common Council 4ch Floor, County -City Building South Bend, IN 46601 Re: An Ordinance 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, 2009 An Ordinance 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, 2009, and Ending December 31, 2009, Including all Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect An Ordinance of the Common Council of the City of South Bend 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, 2009, and Ending December 31, 2009, Including All Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect Dear Mr. Rouse: Attached for filing are three ordinances relative to the 2009 budget for the City of South Bend. Two of the ordinances are necessary to appropriate monies to defray expenses of several City departments and designated funds, and the third is necessary in order to levy taxes and fix the rate of taxation for the purpose of raising revenue. If you have any questions or comments regarding these ordinances, please feel free to call me. Your favorable consideration is respectfully requested. Sincerely, l r A CatheriniFanello City Controller Office 3 2003 colR K, So � im, !1. y CITY CLERK, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND 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, 2009 AND ENDING DECEMBER 31, 2009, 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 2009. 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, 2009, 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 II, 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, 2009, the above appropriations are made within the following funds of the City: Consolidated Building Fund Parking Garage Fund Solid Waste Fund Solid Waste Depreciation Fund Water Works General Operations Fund Water Works Sinking Fund Water Repair Insurance Fund Sewage Repair Fund/Insurance Fund Sewage Works General Operations Fund Sewage Works Depreciation Fund Sewage Works Sinking Fund Project Releaf Fund Century Center 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. %X �A- Member of the Common coungl Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ Day of , 2_, at - o'clock . In. Deputy City Clerk Approved and signed by me on the Day of 2_, at o 'clock M. I ST 'PTAVIRG ` -� - b� PUBLIC HEARIHO 3 rd READING NOT APPROVED.. REFERRED, PASSED Mayor, City of South Bend, Indiana Filo - al In Clerk's Office SEP - 3 2008 JOHN VOORDE MY CLERK, $0. SEND, 14. Office of the Cite Clerk John Voorde, City Clerk August 20, 2009 t Members of the Common Council PO, 4t' Floor County -City Building South Bend, Indiana 46601 Re: Proposed 2009 City Clerk Salary Ordinance Dear Honorable Members of the South Bend Common Council: The attached ordinance would establish the maximum amount for the salary of the City Clerk for the 2009 calendar year. It proposes the same percentage increase which I have proposed for my hard- working City Clerk's staff, namely 2 %, which would be the maximum permitted if passed. As you are well aware, the Office of the City Clerk, continues to take on more responsibility to assure that the multi- faceted services which are provided by this office are provided in a prompt, efficient and timely manner. Your favorably action on this proposed ordinance is respectfully requested. Thank you. MOs s1r1 erely, oorde City Jerk Attachment El{( in EdYL t i \SM 4diil 6� AUG 2 0 2008 J41i{Pv Vt�7�i1E CITY CLEF K, SA, SEND, IN. 455 County -City Building -227W Jefferson Blvd -South Bend, Indiana 46601 •574/235 -9221 -Fax 574/235 -9173 - TDD 574/235 -5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Deputy Ordinance Violation Clerk ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE MAXIMUM ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2009 Statement of Purpose and Intent The City Clerk serves as Clerk of the Common Council under Indiana Code § 36 -4 -6 -9 and maintains custody of its records. The City Clerk is also charged with maintaining all records as required by law; keeping the city seal; administering oaths; taking depositions; attending all regular and special meetings of the Council; and performing other duties as required by the Common Council. The Common Council is required by under Indiana Code § 36 -4 -7 -2 to fix the annual compensation of all elected city officers, with such an ordinance being published at least thirty (30) days before final action by the Council. Indiana Code § 36- 4 -11 -4 authorizes the City Clerk to appoint "the number of deputies and employees authorized by the city legislative body ". In the interest of fairness, the following ordinance sets forth the same percentage increase for the City Clerk as requested for the deputies and employees in the City Clerk's Office. by the Common Council of the City of South Bend, Indiana, as follows: Section I. The annual compensation for the City Clerk of the City of South Bend, Indiana, shall be established at a maximum amount of $52,800.00 for the 2009 calendar year. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member of the Common Council r, , t U r s� r Est pLlb:Yir 29r,ca....t.tg aid Cowid adion on this issuer Office of the City Clerk 2009 City Clerk Salary Ordinance Page 2 76d Gy me to the Mayor of the City of South Bend, Indiana, on the 2008 at o'clock,. m. Office of the City Clerk awd xkaed by me on the day of o'clock .m. '. st READING �— 2-S-- 0 ,UBLIC HEARING rd READING OT APPROVED "ERRED , -MED day of 2008 at Stephen J. Luecke Mayor of the City of South Bend, Indiana Filed In Clerk's CfficG AUG 2 0 2008 JOHN VOORDE CITY CLERK, SO. BEND, IN. Office of the City Clerk John Voorde, City Clerk August 20, 2009 f Members of the Common Council 4t' Floor County -City Building South Bend, Indiana 46601 Re: Proposed 2009 City Clerk Salary Ordinance Dear Honorable Members of the South Bend Common Council: The attached ordinance would establish the maximum amount for the salary of the City Clerk for the 2009 calendar year. It proposes the same percentage increase which I have proposed for my hard - working City Clerk's staff, namely 2 %, which would be the maximum permitted if passed. As you are well aware, the Office of the City Clerk, continues to take on more responsibility to assure that the multi - faceted services which are provided by this office are provided in a prompt, efficient and timely manner. Your favorably action on this proposed ordinance is respectfully requested. Thank you. Mos slnr�erely, oorde City lerk Attachment Fiind in Clarl, ,8 Office AUG 2 0 2008 JOHN VOORDE CITY CLERK, SA, SEND, Ill. 455 County -City Building •227 W. Jefferson Blvd -South Bend, Indiana 46601 •5741235 -9221 Fax 5741235 -9173 • TDD 5741235 =5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Deputy Ordinance Violation Clerk ORDINANCE N0. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE MAXIMUM ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2009 Statement of Pu ose and Intent The City Clerk serves as Clerk of the Common Council. under Indiana Code § 36 -4 -6 -9 and maintains custody of its records. The City Clerk is also charged with maintaining all records as required by law; keeping the city seal; administering oaths; taking depositions; attending all regular and special meetings of the Council; and performing other duties as required by the Common Council. The Common Council is required by under Indiana Code § 36 -4 -7 -2 to fix the annual compensation of all elected city officers, with such an ordinance being published at least thirty (3 0) days before final action by the Council. Indiana Code § 36- 4 -11 -4 authorizes the City Clerk to appoint "the number of deputies and employees authorized by the city legislative body ". In the interest of fairness, the following ordinance sets forth the same percentage increase for the City Clerk as requested for the deputies and employees in the City Clerk's Office. 94��U, & cro Wvrtiwd by the Common Council of the City of South Bend, Indiana, as follows: Section I. The annual compensation for the City Clerk of the City of South Bend, Indiana, shall be established at a maximum amount of $52,800.00 for the 2009 calendar year. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member of the Common Council a'a �� ng p3va: ,.-r4 n ¢ t r, r, h Fr 9 4 Cound action on his issue, Office of the City Clerk 2009 City Clerk Salary Ordinance Page 2 SPxe�4y me to the Mayor of the City of South Bend, Indiana, on the day of , 2008 at o'clock _. m. Office of the City Clerk gQA&�o,ed a,�td by me on the . day of , 2008 at o'clock .m. Stephen J. Luecke Mayor of the City of South Bend, Indiana st READING �— 2S - - •UBLIC HEARING rd READING OT APPROVED "ERRED :ASSED Filed In Clerk's Office AUG 2 0 2008 JOHN VOORDE CITY CLERK, SO. BEND, IN. 1400 COUNTY -CITY BUILDING 227W. JEFFERSON BOULEVARD Solmi Mm, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235 -9241 FAx 5741235 -9892 TDD 574/ 235 -5567 CHARLES S. LEONE ALADEAN M. DEROSE CnYATTORNEY May 20, 2008 CHIEF ASSISTANT CITYATTORNEY Mr. Timothy Rouse 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 add a new Section 2 -50.1 which shall read as follows: Section 2 -50.1 Preapproved Payment of Claims Unless otherwise required by State law (Indiana Code § 36- 4- 8 -14), the Board of Public Works of the City of South Bend, Indiana, on request of the City Controller, may make claim payments in advance of Board allowance of such claims for the following kinds of expenses: (1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions; (2) License or permit fees; (3) Insurance premiums; (4) Utility payments or utility connection charges; (5) General grant programs where advance funding is not prohibited and contracting party posts sufficient security to cover the amount advanced; (6) Grants of state funds authorized by statute; (7) Maintenance or service agreements; (8) Leases or rental agreements; (9) Bond or coupon payments; (10) Payroll; (11) State, federal; or county taxes; (12) Expenses that must be paid because of emergency circumstances; (13) Fees and expenses related to real property transactions such as the cost of obtaining title information, and the recording of documents; and (14) Other expenses expressly permitted by state statute as amended from time -to -time. Each payment of claim made shall be supported by a fully itemized invoice or bill and certification of the City Controller, and the Board of Public Works shall review and allow the claim at its next regular or special meeting following the pre- approved payment of the expense. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2008, at o'clock m. City Clerk Approved and signed by me on the day of o'clock . M. i sf PZPADIRG ` PUBLIC HEAPING 3 rd READING NOT APPROVED DET=ERRED PASSED Mayor, City of South Bend, Indiana 2008, at �. Filed In �°iStis: S 4 MiNCO JOHN WORN CITY CLERK, SO. DEND, IN. COUNTY -CITY BUILDING 227 W JEFFERSON BLVD. SOUTH BEND, INDIANA 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 September 17, 2008 Mr. Timothy Rouse President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance to Establish a Nonreverting Private Gift, Donation and Bequest Fund Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance to establish a nonvreverting private gift, donation and bequest fund. This ordinance was precipitated by a recent monetary gift to the City. For your information, before filing this ordinance with the City Clerk, our Legal Department submitted it to the State Board of Accounts (SBOA) for review. This ordinance was acceptable to the SBOA. I will present this ordinance to the Council at its Personnel and Finance Committee meeting and at the Council's second reading. Your favorable consideration is requested. Sincerely, j/f) M. Catherine Fanello Controller Filed In C1et k "s Off!cQ SEP 1 7 2008 JOHN YOORDE CITY CLERK, SO. BEND, IN. JA�IICE L. Harr. JOHN MURPHY ROBERT ALLEN �� DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUN4AN RESOURCES INFORMATION TECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTBLISH A NEW NONREVERTING, PRIVATE GIFT, DONATION AND BEQUEST FUND STATEMENT OF PURPOSE AND INTENT From time to time the City of South Bend receives gifts, donations and bequests from private citizens, which may or may not be restricted to a specific use or purpose. At this time the City has no designated repository for private gifts to the City. This ordinance creates such a fund. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. Chapter 2, Article 14 of the South Bend Municipal Code shall be and hereby is amended to add a new Section 2- 170.11 which establishes a Private Gift, Donation and Bequest Fund to read as follows: Section 2- 170.11 Nonreverting Private Gift, Donation and Bequest Fund. (a) The Private Gift, Donation and Bequest Fund is established within the City of South Bend to receive monies donated, given and /or bequeathed to the City of South Bend by private, non - governmental persons including corporations, partnerships and similar entities. (b) The Controller shall use all monies deposited into this Fund for the reasonable purpose(s) designated by the donor, if any, to the extent feasible, and any terms and/or conditions attached to the gift, donation and bequest shall be reviewed and approved by the City Attorney. The Common Council may reject any gifts. (c) The Controller shall deposit monies qualifying for this Fund in the manner prescribed by Ind. Code 5- 13 -6 -1 et seq., as if they were public funds, and may invest those monies as provided by the Ind. Code § 5- 13 -9 -1 et se q., with any interest deposited into this fund. (d) So long as the Controller uses the monies in this fund for the donor's intended general or specific purpose, no appropriation of such monies by the Common Council is required. Gifts, donations, and bequests given without restriction shall be subject to Common Council. appropriation. (e) The Controller shall provide the Common Council annually with a list of all gifts, donations or bequests received and the amount of each. (f) The monies deposited in this fund shall remain in the fund and shall not revert to the general fund. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk n, - � Member of the Common Coun i sjgi rnq of this u111s only to e an aoni 01 {� icr, . 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. 1 st READING q —Z2-0 PUGLIC HEARING 3 rd READING NOT APPROVED. REFERRED PASSED City Clerk ay of 2 , Mayor, City of South Bend, Indiana Filed In Clerk's Office SEP 1 7 2008 Jt?rN VOORDE CITY CLE M, SQ: SERD, IM. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LAFAYETTE FALLS — PHASE IV LOT NUMBERS 285 -3139 340-383,385-394 and 436 -450 ALL IN PHASE IV AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL — WEISS, LLP WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the areas commonly known as Lots 285 Address Tax Key #s 1526 Brick Drive or 6827 Mackev Court Unavailable for all lots. 286 6833 Mackey Court 287 6839 Mackey Court 288 6845 Mackey Court 289 6851 Mackey Court 290 6905 Mackey Court 291 6915 Mackey Court 292 1538 Mackey Drive 293 1530 Mackey Drive -- 294 1522 Mackey Drive 295 1514 Mackey Drive - 296 1506 Mackey Drive or 6903 Stewart Drive 297 1424 Mackey Drive or 6904 Stewart Drive 298 1418 Macka Drive -- 299 1412 Mackey Drive 300 1406 MackeyDrive 301 1320 Mackey Drive 302 1312 Mackey Drive 303 1304 Mackey Drive 304 1226 Mackey Drive 305 1220 Mackey Drive 306 1214 Mackey Drive 307 1208 Mackey Drive 308 1202 Mackey Drive 309 1134 Mackey Drive 310 1128 Mackey Drive 311 1122 Mackey Drive 312 1116 Mackey Drive 313 1110 Mackey Drive 340 1104 Mackey Drive or 6905 Wiley Drive 341 6942 Lutz Drive or 6906 Wiley Drive 342 6934 Lutz Drive 343 6928 Lutz Drive 344 6927 Lutz Drive 345 6935 Lutz Drive 346 110 I'Mackey Drive 347 1105 Mackey Drive 348 1111 Mackey Drive 349 1117 Mackey Drive 350 1123 Mackey Drive 351 1129 Mackey Drive 352 1135 Mackey Drive 353 1141 Mackey Drive or 6844 Jacktown Drive 354 6836 Jacktown Drive 355 6822 Jacktown Drive 356 6814 Jacktown Drive or 1134 Keady Court 357 1126 Keady Court 358 1120 Keady Court 359 1114 Keady Court 360 1108 Kea—dy Court 361 1102 Keady Court 362 1040 Keady. Court 363 1034 Keady Court 364 1028 Keady Court 365 1022 Keady Court 366 1025 Keady Court 367 1031 Keady Court 368 1037 Keady Court 369 1043 Keady Court 370 1107 Keady Court 2 371 1113 Keady Court 372 1119 Keady Court 373 1125 Keady Court 374 1215 Keadv Court 375 1225 Keady Court 376 1305 Keadv Court 377 1311 Keady Court 378 1317 Keady Court 379 1323 Keady Court 380 1329 Keady Court 381 1403 Keady Court 382 1409 Keady Court 383 1415 Keady Court or 1415 Stadium Drive 385 1406 Stadium Drive or 6803 Tyler Drive 386 6809 Tyler Drive 387 6815 T ler Drive 388 6821 Tyler Drive 389 6827 Tyler Drive 390 6833 Tyler Drive 391 6839 T ler Drive 392 6845 Tyler Drive 393 6851 Tyler Drive 394 6857 Tyler Drive or 1413 Mackey Drive 436 1305 Mackey Drive or 6844 Tyler Drive 437 6838 Tyler Drive 438 6832 Tyler Drive 439 6826 Tyler Drive 440 6822 Tyler Drive 441 6814 Tyler Drive 442 1308 Keady Court 443 1232 Keady Court 444 1226 Keady Court 445 1220 Keady Court or 6807 Jacktown Drive 446 6815 Jacktown Drive 447 6823 Jacktown Drive 448 6831 Jacktown Drive 449 6839 Jacktown Drive 450 6847 Jacktown Drive or 1223 Mackey Drive The tax key number of the parent parcel is 23- 1002 - 0022.01. Tax key numbers for the individual lots. included within Lafayette Falls, Phase IV will be assigned by the County Auditor's office after each of the subsequent Secondary Plats are recorded. all in South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: LAFAYETTE FALLS, PHASE IV A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER LYING SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST, A DISTANCE OF 281.17 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, SAID SOUTHWEST CORNER BEING MARKED BY A 5/8 INCH DIAMETER ROD, 0.1 FEET BELOW THE ROAD SURFACE; THENCE SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST, ALONG THE- WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2121.17 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF BRICK DRIVE AS RECORDED IN LAFAYETTE FALLS, PHASE III, SECTION THREE RECORDED UNDER INSTRUMENT NUMBER 0808755 IN THE OFFICE OF RECORDER OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE THE NEXT TEN COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION THREE: (1) SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 139.07 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 42.43 FEET BEARING SOUTH 45 DEGREES 00 MINUTES 00 SECONDS EAST; (2) THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 47.12 FEET; (3) THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, -A DISTANCE OF 273.42 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 10.66 FEET BEARING SOUTH 02 DEGREES 26 MINUTES 36 SECONDS EAST; (4) THENCE SOUTHERLY ALONG SAID CURVE, A DISTANCE OF 10.66 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 27.12 FEET BEARING SOUTH 21 DEGREES 59 MINUTES 07 SECONDS WEST; (5) THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 60.00 FEET AND A CHORD OF 119.99 FEET BEARING SOUTH 40 DEGREES 22 MINUTES 44 SECONDS EAST; (6) THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 186.90 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 27.12 FEET BEARING NORTH 77 DEGREES 15 MINUTES 25 SECONDS EAST; (7) THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 30.75 FEET BEARING SOUTH 82 DEGREES 56 MINUTES 08 SECONDS EAST; (8) THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 30.82 FEET; (9) THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 391.30 FEET; (10) THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF LAFAYETTE FALLS, PHASE III, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0728461 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 584.92 FEET TO THE NORTHEAST CORNER OF LOT 405 IN LAFAYETTE FALLS, SECTION FIVE & LAFAYETTE FALLS, PHASE III, LOTS 405 & 406 AS - RECORDED UNDER INSTRUMENT NUMBER 0704435 IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO LYING ON THE POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1602.00 FEET AND A CHORD OF 13.30 FEET BEARING SOUTH 82 DEGREES 24 MINUTES 06 SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE AND THE SOUTH RIGHT -OF -WAY LINE OF STADIUM DRIVE, A DISTANCE OF 13.30 FEET; THENCE THE NEXT FOUR COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, SECTION FIVE & LAFAYETTE FALLS, PHASE III, LOTS 405 & 406: (1) NORTH 07 DEGREES 50 MINUTES 12 SECONDS EAST, A DISTANCE OF 50.00 FEET; (2) THENCE NORTH 18 DEGREES 43. MINUTES 18 SECONDS EAST, A DISTANCE OF 115.58 FEET; (3) THENCE NORTH 42 DEGREES 38 MINUTES 44 SECONDS EAST, A DISTANCE OF 57.21 FEET; (4) THENCE NORTH 58 DEGREES 07 MINUTES 46 SECONDS EAST, A DISTANCE OF 170.49 FEET TO THE SOUTHEAST CORNER OF LOT 54 IN LAFAYETTE FALLS, SECTION FOUR AS RECORDED UNDER INSTRUMENT NUMBER 0602210 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT SIX COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS SUBDIVISION, SECTION FOUR: (1) SOUTH 89 DEGREES 10 MINUTES 21 SECONDS EAST, A DISTANCE OF 371.03 FEET, (2) THENCE SOUTH 12 DEGREES 37 MINUTES 17 SECONDS EAST, A DISTANCE OF 80.47 FEET, (3) THENCE SOUTH 27 DEGREES 09 MINUTES 37 SECONDS EAST, A DISTANCE OF - 165.85 FEET, (4) THENCE SOUTH 61 DEGREES 00 MINUTES 44 SECONDS EAST, A DISTANCE OF 165.85 FEET, (5) THENCE SOUTH 78 DEGREES 55 MINUTES 45 SECONDS EAST, A DISTANCE OF 108.66 FEET, (6) THENCE NORTH 81 DEGREES 58 MINUTES 30 SECONDS EAST, A DISTANCE OF 182.70 FEET TO THE SOUTHWEST CORNER OF LOT NUMBER 185 IN LAFAYETTE FALLS SUBDIVISION, SECTION TWO, RECORDED UNDER INSTRUMENT NUMBER 0451995 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS SUBDIVISION, SECTION TWO: (1) NORTH 83 DEGREES 42' MINUTES 21 SECONDS EAST, A DISTANCE OF 67.54 FEET, (2) THENCE SOUTH 56 DEGREES 29 MINUTES 48 SECONDS EAST, A DISTANCE OF 150.76 FEET TO A POINT ON THE BOUNDARY OF LAFAYETTE FALLS, PHASE III, SECTION TWO AS RECORDED UNDER INSTRUMENT NUMBER 0811195 IN THE OFFICE OF' SAID RECORDER; THENCE NEXT FOUR COURSE ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION TWO: (1) SOUTH 03 DEGREES 49 MINUTES 12 SECONDS EAST, A DISTANCE OF 84.83 FEET; (2) THENCE SOUTH 25 DEGREES 05 MINUTES 08 SECONDS WEST, A DISTANCE OF 170.00 FEET; (3) THENCE SOUTH 49 DEGREES 57 MINUTES 33 SECONDS WEST, A DISTANCE OF 90.86 FEET; (4) THENCE SOUTH 34 DEGREES 39 MINUTES 21 SECONDS EAST, A DISTANCE OF 422.72 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 19 MINUTES 47 SECONDS WEST, A DISTANCE OF 2123.00 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 41 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 557.10 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 29.118 ACRES, MORE OR LESS. SUBJECT TO' ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. and this property which has Parent Parcel Tax Key Number 23- 1002- 0022.01 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se ., and South Bend Municipal Code Sections 2 -76 gt seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1, et SeMc ., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION. I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings *'in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the ' description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; 2 C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V.' The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED 14OT' ;kPPR VE ADOPTE6 Filed In Clerk's Office OCT 2 2 2008 7 JOHN VOORDE CITY CLERK, SO. SEND, IN. Member of the Common Council �e.�• Ap .e ¢.,4?&> ( fiat'. .a: i ,r ^,.tin: f:'q M, f^SLA,P, 1'r i9 u'iia� <9 L tdv : e ;, y -r3 c' a �•' aim ,.e >vd r, :'tv Sew a(stc `dt Courc711 aofuon oil G-1fis issue, 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 FAx 5741235 -9021 TDD 574/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY October 13, 2008 EXECUTIVE DIRECTOR Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: KENDALL - WEISS, LLP (Lafayette Falls — Phase IV) Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Kendall- Weiss, LLP to build ninety -eight (98), single - family homes on a 29.1 acre parcel which will become Lafayette Falls, Phase IV. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build ninety -eight (98) single - family homes at an estimated cost of $16,894,000. The project meets the qualifications for a five -year (5) real property tax abatement. The petitioner will be available to meet with the Committee on Monday, October 27, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 1200 C.oUN7Y -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 TO: FROM 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 TAX ABA TEMENT REPOR T SOUTH BEND COMMON COUNCIL BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: KENDALL - WEISS, LLP (Lafayette Falls: Phase IV, Lots Numbered 285- 313,340 - 382, 385 - 394 and 436 - 450) DATE: October 13, 2008 On October 8, 2008, a petition for residential tax abatement consideration for real property located in Lafayette Falls, Phase IV was filed with the City Clerk by Kendall - Weiss. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Kendall -Weiss intends to construct ninety -eight (98), new, single - family homes on approximately 29.1 acres of land. The total estimated cost of the 98 homes is $16,894,000. The homes will be traditional single family homes. They will have three to four bedrooms with two to two and one -half bathrooms and range in size from 1,200 to 2,800 square feet with attached garages. Phase IV will include approximately 4,693 linear feet of public streets, private alleys for garage access and the associated public and private utilities. The cost of the homes will range between $150,000 and $225,000. Total taxes to be abated during the (5) five -year abatement period on one home valued at $150,000 are estimated at $6,659. Total taxes to be paid during the (5) five -year abatement period on one home are estimated at $1,938. If all 98 homes were valued at $150,000, the taxes abated for Phase IV of the subdivision would be $652,581 for five years and the taxes paid would be $189,895 for five years. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT . 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 South Bend Common Council RE: Kendall - Weiss, LLP October 13, 2008 Page 2 Total taxes to be abated during the (5) five -year abatement period on one home valued at $225,000 are estimated at $8,218. Total taxes to be paid during the (5) five -year abatement period on one home are estimated at $4,792. If all 98 homes were valued at $225,000, the taxes abated for Phase IV of the subdivision would be $805,376 for five years and the taxes paid would be $469,657 for five years. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been associated with or been granted the following previous.tax abatements. Term/Type Resolution No. Date 5 -year real property 3828 -08 January 28, 2008 5 -year real property 3810 -07 November 12, 2007 5 -year real property 3788 -07 September 24, 2007 5 -year real property 3697 -07 February 12, 2007 5 -year real property 3551 -06 January 9, 2006 5 -year real property 3494 -05 July 25, 2005 5 -year real property 3481 -05 June 27, 2005 5 -year real property' 3398 -04 October 25, 2004 ' 5 -year real property 3352 -04 July 12, 2004 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any Tax Incremental Allocation Areas; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petition meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 5 YEAR 13- Oct -08 Kendall - Weiss LLP (Lafayette Falls - Phase IV) South Bend Centre Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: _ STRUCTURE (% AV of cost) 85.0% LAND Value Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non - Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of � 011I iI Total Taxes Tax Abated ** Tax Paid * ** 127,500.00 127,500.00 127,500-00 10,000.00 N/A N/A 137,500-00 127,500.00 127,500-00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (31325.00) (31,325.00) (31,325.00) 58,175.00 48,175.00 48,175.00 N/A NIA (48,175.00) N/A 0.00 N/A N/A N/A 10,000.00 58,175.00 48,175.00 10,000.00 4.3356% 4.3356% 4.3356% Gross Tax (tax rate x net assessed value) 2,522.24 2,088.68 433.56 Less State & County Homestead Credit: 0.4602% (267.72) (221.70) (46.02) Tax Due Before Circuit Breaker 2,254.51 1,866.97 387.54 Less Circuit Breaker Credit (535.18) (535.18) 0.00 Net Tax 1,719.34 1,331.80 387.54 Circuit Breaker Cap. Circuit Breaker 1.0000 % 1,375.00 1,275.00 1,375.00 Debt Service 0.5919% 344.34 285.15 59.19 Circuit Braker Cap 1,719.34 1,560.15 1,434.19 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 58,175.00 1,719.34 1,331.80 387.54 2 58,175.00 1,719.34 1,331.80 387.54 3 58,175.00 1,719.34 1,331.80 387.54 4 58,175.00 1,719.34 1,331.80 387.54 5 58,175.00 1,719.34 1,331.80 387.54 5 year totals: 8,596.69 6,658.99 1,937.70 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. * **Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. 5 YEAR 13- Oct -08 Kendall - Weiss (Lafayette Falls- Phase IV) South Bend Centre Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost) LAND Value A,10,000 Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non - Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of [*$225.400,00 '':. Total Taxes Tax Abated ** Tax Paid * ** 191,250.00 191,250.00 191,250.00 10,000.00 N/A N/A 201,250.00 191,250.00 191,250.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (53,637.50) (53,637.50) (53,637.50) 99,612.50 89,612.50 89,612.50 N/A NIA (74,880.00) N/A (14,732.50) NIA N/A NIA 10,000.00 99,612.50 74,880.00 24,732.50 4.3356% 4.3356% 4.3356% Gross Tax (tax rate x net assessed value) 4,318.80 3,246.50 1,072.30 Less State & County Homestead Credit: 0.4602% (458.42) (344.60) (113.82) Tax Due Before Circuit Breaker 3,860.38 2,901.90 958.48 Less Circuit Breaker Credit (1,258.28) (1,258.28) 0.00 Net Tax 2,602.11 1,643.62 958.48 Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 1.0000% 0.5919% 2,012.50 1,912.50 2,012.50 589.61 443.21 146.39 2,602.11 2,355.71 2,158.89 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. * **Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 99,612.50 2,602.11 1,643.62 958.48 2 99,612.50 2,602.11 1,643.62 958.48 3 99,612.50 2,602.11 1,643.62 958.48 4 99,612.50 2,602.11 1,643.62 958.48 5 99,612.50 2,602.11 1,643.62 958.48 5 year totals: 13,010.53 8,218.12 4,792.42 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. * **Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE Kendall Weiss, LLP 98 Lots @ $150,000 /1-louse *Current tax levy for the 29.1 acres. * *Includes 98 houses. Column total is net increase in tax revenue as a result of the project over its 5 -year tax abatement term. LAND* BUILDINGS ** TOTAL Year 1 $1,561 $36,418 $37,979 Year 2 1,561 36,418 37,979 Year 3 1,561 36,418 37,979 Year 4 1,561 36,418 37,979 Year 5 1,561 36,418 37,979 Total $7,805 $182,090 $189,895 *Current tax levy for the 29.1 acres. * *Includes 98 houses. Column total is net increase in tax revenue as a result of the project over its 5 -year tax abatement term. ESTIMATED TOTAL TAX REVENUE Kendall - Weiss, LLP 98 Lots @ $225,000 11-louse *Current tax levy for the 29.1 acres. 'Includes 98 houses. Column total is net increase in tax revenue as a result of the project over its 5 -year tax abatement term. LAND" BUILDINGS" TOTAL Year 1 $1,561 $92,370 $93,931 Year 2 1,561 92,370 93,931 Year 3 1,561 92,370 93,931 Year 4 1,561 92,370 93,931 Year 5 1,561 92,370 93,931 Total $7,805 $461,850 $469,655 *Current tax levy for the 29.1 acres. 'Includes 98 houses. Column total is net increase in tax revenue as a result of the project over its 5 -year tax abatement term. i �� a£ STATEMENT OF BENEFITS x/ State Form 27107 (R71 12 -01) .y Prescribed by the Department of Local Government Finance I -I h1 INSTRUCTIONS. 1. This statement must be submitted to the body designating the economic revitilization area prior to the public hearing if the designating body requires infor- mation from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and 1 or research and development equipment, or BEFORE the redevelopment or rehabilitation of real properly for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987 and areas designated after July 1, 1987 require a STATEMENT OF BENEFITS. (IC 6 -1. f -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, or prior to installation of the new manufacturing equipment and I or research and development equipment, BEFORE a deduction may be approved. 3. To obtain a deduction, Form 322 ERA, Real Estate improvements and 1 or Form 322 ERA / PPME and i or 322 ERA I PPR & DE, must be filed with the county auditor. With respect to real pro Form 322 FRA must be filed by the later of: (1) lv(ay 10; or (2) thirtyy 30) dayys after a notice ofincrease in real property assessment is received from the township assessor. Form 322 ERA i PPME and I or 322 ERA PPR & O must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and I or research and development equipment becomes assessable, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991 must submit Form CF - 1 annually' o show compliance with the Statement ofBenefrts. (1C 6- 1.1- 12.i -5.6) 5. The schedules established under IC 6- 1.1- 12.1 -4(d) and lC 6- 1.1- 12.1 -4.5 (e) effective July 1, 2000 apply to any statement of benefits filed on or after July 1, 2000. The schedules effective prior to July 1, 2000 shall continue to apply to those statement of benefits filed before July 1, 2000. flame of taxpayer .lDAt -i..- 06—(SS LLP Address of taxpayer (street and number, city, state and ZIP code) 'r �'f- e6nlD , 1828 � S ion ' �+ I' Ie.L /2 , Vie-6- P"SIDE� of CPeZ41,`,1o,Js i�.�l`tss ttp/ s , 574-1 234 -7373 Name of designatinbody Resolution nu Soo-i-4 1.�6h1� �f✓ mor4 �JNGI!® Locationpf p operty County Taxing distric / 4 " j �G -�10, �JSN t !° Description of real property improvements and i or new manufacturing equipment and I or ESTIMATEq research and development equipment (use additional sheets if necessary) Start Date Completion Date f?fzc,P .�S % �/tl.L_ B�' r'�C:JE� -oPh -Q t JY- q g Real Estate �p(�t�)C� Zak F/�t t� Za13 �trJGtE- f�A AIL-1 jl�srp6"�`t�t- W � M%t New Mfg Equipment aF— LOCA-rED wa)+10 LA-F4-4d-tTF— �!} -SI CPt��SF�IJ R & DE Current number Isalarles I Number retained ISelaries Number additional Salaries Research and Peve topmenr NOTE: Pursuant to iC 6- 1.1- 12.1 -5.1 (d) (2) the Real Estate improvements Machinery Equipment COST of the property is confidentlal. Cost Assessed Value Cost Assessed Value Cost Assessed Value Current values Q!L& fir- do0 Plus estimated values of proposed project X134 o`�O Less values of any property being replaced Nei Net estimated values upon completion of project 1 -7t9 34, Estimated solid waste converted (pounds) t t na r e nvert (pounds} NA Other benefits: (�� _ $ 'ZOQQj O Cl Of J4 Vjt pDF+CE gt). 3EtiD, IN. that the representations in this statement are true. Tale I Date signed (month, day, year) 10 We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted In the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1- 12.1 -2.5, pro- vides for the following limitations as authorized under IC 6- 1.1- 12.1 -2. A. The designated area has been limited to a period of time not to exceed — — calendar years (see below). The date this designation expires is _ B. The type of deduction that is allowed in the designated area is limited to: Yes ONO 1 . Redevelopment or rehabilitation of real estate improvements; O yes ONO 2. Installation of new manufacturing equipment; p yes O N o 3. Installation of new research and development equipment; � Yes ❑ N o 4. Residentially distressed areas C .The amount of deduction applicable for redevelopment or rehabilitation is limited to $ value of $ -- D .The amount of deduction applicable to new manufacturing equipment is limited to $ — value of $ _ — E. The amount of deduction applicable to new research and development equipment is limited to $ an assessed value of $ costwith an assessed cost with an assessed cost with F. Other limitations or conditions (specify) Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reason- able and have determined that the totality of benefits is sufficient to justify the deduction described above. and title of by: number Date signed (month, day, year) body * if the designating body limits the time period during which an area is an economic revitilization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6 -1.1- 12.1 -4 or 4.5 CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to i_ C 6- 1.1- 12.1 -1, et sect.. and South Bend Municipal Code See. 2 -76 et secl., for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): 02 MvrrTt- t=�ksF,D t�FJ� PIMA'' wtc.N u f-,,,,r, 1 c.t i 1�S 1�tS tJt� t_ n- G 1� � 50o �t SG7. f� - Wtr_L (t1Gl-,jiJL 19A-sEI,r=�T —s. ggg,o00 2. Estimate the dollar value of the construction project (do not include land cost): $ 1(0, 3. The zeal property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publiclyheld, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address 823 5- Interest 4. The commonly known address of the Property is: Sm—a Aft- AGi`(.4-J S and having tax key no.: (use additional sheet for multiple addresses or key numbers). + l&-{ 4, OF- PA444� PAaeXz � 5. A legal description of said Property(s) is attached hereto, marked Exhibit "A ", and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit "B", and is incorporated herein. 7. The current assessed valuation of the property before construction is $ 34 000 (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Offs o235-9523) pcss�ssSC� dA�A=Don� of PRf�, rt' PAS Fes. tt.AVtPJS A- �4� l•D. oP z3- i 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit "C ", and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): 200co -t-Ay-4-,5 P,4-c r.�, O 3 4t I, 04-2 00z-j i - Sot.3 IS �41r :::L 2 Y r--c -� (This information may be obtained from the St. Joseph County Treasurers office 235 -9531) ' rff5 m Qtr r FD. t�ts�n� 10. What is your best estimate of the after completion market value of the property: 11. No building pennit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building pen-nit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to b e s ought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired vah1. es and prevent a normal development of the property: AEA - -J& 5fl 1010 -�1� Grt C3atjp pt"v> OA--1- (1F. -&AR ,J40 klkc•� # - .,, A— .n en.t+�t— rJfiA55� Qs�Sti) +%1V LNG, 2�St061.Ifr i3 t'�}L5 vL3[7iJtstotii T1 A — �nn�a► shhL+ P►n +rJ Pr�'ri G ^alt GCrfS poR�t �onJ PcN� 1A`F. C3PcSE 1�6 ✓�uoPM��` +""�`r"H- I&., ��� wtw t�Y ( SF � and the current 14. The current use of the property is SttJG,t,� FAMtc`� o+ zoning is !Sr- t (use) and t1f�_ (height and area). (This information may be obtained from the Building Department 235 -9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by ti e development Commission): 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name C-0) Address -City, State, Zip 7 o: om - t? Telephone {1574) S:s 2 - WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that th qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Owner(s): jo M ,t1. By: (Signature) .n IA-A -) t/ 1 P-0 10"j S (Typed or printed name and capacity) 2 EXHIBIT A LEGAL DESCRIPTION: LAFAYETTE FALLS, PHASE IV A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER LYING SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST, A DISTANCE OF 281.17 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, SAID SOUTHWEST CORNER BEING MARKED BY A 5/8 INCH DIAMETER ROD, 0.1 FEET BELOW THE ROAD SURFACE; THENCE SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2121.17 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF BRICK DRIVE AS RECORDED IN LAFAYETTE FALLS, PHASE III, SECTION THREE RECORDED UNDER INSTRUMENT NUMBER 0808755 IN THE OFFICE OF RECORDER OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE THE NEXT TEN COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION THREE: (1) SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 139.07 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 42.43 FEET BEARING SOUTH 45 DEGREES 00 MINUTES 00 SECONDS EAST; (2) THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 47.12 FEET; (3) THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 273.42' FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 10.66 FEET BEARING SOUTH 02 DEGREES 26 MINUTES 36 SECONDS EAST; (4) THENCE SOUTHERLY ALONG SAID CURVE, A DISTANCE OF 10.66 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 27.12 FEET BEARING SOUTH 21 DEGREES 59 MINUTES 07 SECONDS WEST; (5) THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 60.00 FEET AND A CHORD OF 119.99 FEET BEARING SOUTH 40 DEGREES 22 MINUTES 44 SECONDS EAST; (6) THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 186.90 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 27.12 FEET BEARING NORTH 77 DEGREES 15 MINUTES 25 SECONDS EAST; (7) THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 30.75 FEET BEARING SOUTH 82 DEGREES 56 MINUTES 08 SECONDS EAST; (8) THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 30.82 FEET, (9) THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 391.30 FEET; (10) THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF LAFAYETTE FALLS, PHASE III, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0728461 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 584.92 FEET TO THE NORTHEAST CORNER OF LOT 405 IN LAFAYETTE FALLS, SECTION FIVE & LAFAYETTE FALLS, PHASE III, LOTS 405 & 406 AS RECORDED UNDER INSTRUMENT NUMBER 0704435 IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO LYING ON THE POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1602.00 FEET AND A CHORD OF 13.30 FEET BEARING SOUTH 82 DEGREES 24 MINUTES 06 SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE AND THE SOUTH RIGHT -OF -WAY LINE OF STADIUM DRIVE, A DISTANCE OF 13.30 FEET; THENCE THE NEXT FOUR COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, SECTION FIVE & LAFAYETTE FALLS, PHASE III, LOTS 405 & 406: (1) NORTH 07 DEGREES 50 MINUTES 12 SECONDS EAST, A DISTANCE OF 50.00 FEET; (2) THENCE NORTH 18 DEGREES 43 MINUTES 18 SECONDS EAST, A DISTANCE OF 115.58 FEET; (3) THENCE NORTH 42 DEGREES 38 MINUTES 44 SECONDS EAST, A DISTANCE OF 57.21 FEET; (4) THENCE NORTH 58 DEGREES 07 MINUTES 46 SECONDS EAST, A DISTANCE OF 170.49 FEET TO THE SOUTHEAST CORNER OF LOT 54 IN LAFAYETTE FALLS, SECTION FOUR AS RECORDED UNDER INSTRUMENT NUMBER 0602210 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT SIX COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS SUBDIVISION, SECTION FOUR: (1) SOUTH 89 DEGREES 10 MINUTES 21 SECONDS EAST, A DISTANCE OF 371.03 FEET, (2) THENCE SOUTH 12 DEGREES 37 MINUTES 17 SECONDS EAST, A DISTANCE OF 80.47 FEET, (3) THENCE SOUTH 27 DEGREES 09 MINUTES 37 SECONDS EAST, A DISTANCE OF 165.85 FEET, (4) THENCE SOUTH 61 DEGREES 00 MINUTES 44 SECONDS EAST, A DISTANCE OF 165.85 FEET, (5) THENCE SOUTH 78 DEGREES 55 MINUTES 45 SECONDS EAST, A DISTANCE OF 108.66 FEET, (6) THENCE NORTH 81 DEGREES 58 MINUTES 30 SECONDS EAST, A DISTANCE OF 182.70 FEET TO THE SOUTHWEST CORNER OF LOT NUMBER 185 IN LAFAYETTE FALLS SUBDIVISION, SECTION TWO, RECORDED UNDER INSTRUMENT NUMBER 0451995 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS SUBDIVISION, SECTION TWO: (1) NORTH 83 DEGREES 42 MINUTES 21 SECONDS EAST, A DISTANCE OF 67.54 FEET, (2) THENCE SOUTH 56 DEGREES 29 MINUTES 48 SECONDS EAST, A DISTANCE OF 150.76 FEET TO A POINT ON THE BOUNDARY OF LAFAYETTE FALLS, PHASE III, SECTION TWO AS RECORDED UNDER INSTRUMENT NUMBER 0811195 IN THE OFFICE OF SAID RECORDER; THENCE NEXT FOUR COURSE ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION TWO: (1) SOUTH 03 DEGREES 49 MINUTES 12 SECONDS EAST, A DISTANCE OF 84.83 FEET; (2) THENCE SOUTH 25 DEGREES 05 MINUTES 08 SECONDS WEST, A DISTANCE OF 170.00 FEET; (3) THENCE SOUTH 49 DEGREES 57 MINUTES 33 SECONDS WEST, A DISTANCE OF 90.86 FEET; (4) THENCE SOUTH 34 DEGREES 39 MINUTES 21 SECONDS EAST, A DISTANCE OF 422.72 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 19 MINUTES 47 SECONDS WEST, A DISTANCE OF 2123.00 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 41 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 557.10 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 29.118 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. F:\Projects\M3-1167\Survey\Legals\M31167 LEGAL DESCRIPTION - PHASE FOUR PRIMARY.doc Property Addresses Lafayette Falls, Phase IV Lots 285 Address Tax Key #s 1526 Brick Drive or 6827 Mackey Court Unavailable for all lots. 286 6833 Mackey Court 287 6839 Mackey Court 288 6845 Mackey Court 289 6851 Mackey Court 290 6905 Mackey Court 291 6915 Mackey Court 292 1538 Mackgy Drive 293 1530 Mackpy Drive 294 1522 Mackey Drive 295 1514 Mackey Drive 296 1506 Mackey Drive or 6903 Stewart Drive 297 1424 Mackey Drive or 6904 Stewart Drive 298 1418 Mackey Drive 299 1412 Mackgy Drive 300 1406 Mackey Drive 301 1320 Mackgy Drive 302 1312 Mackgy Drive 303 1304 Macke Drive 304 1226 Mackey Drive 305 1220 Mqpkey Drive 306 1214 Mackey Drive 307 1208 Mackey Drive 308 1202 Mackey Drive 309 1134 Mackey Drive 310 1128 Mackey Drive 311 1122 Mackey Drive 312 1116 Macke Drive 313 1110 Mackgy Drive 340 1104 Mackey Drive or 6905 Wiley Drive 341 1018 Mackey Drive or 6906 Wiley Drive 342 1012 Mackey Drive 343 1006 Mackey Drive 344 1003 Mackey Drive 345 1009 Mackey Drive 346 1015 Mackey Drive 347 1105 Mackey Drive _ 3_48 1111 Mackey Drive 349 1117 Mackey Drive 350 1123 Mackey Drive 351 1129 Mackey Drive 352 1135 Mackey Drive 353 1141 Mackgy Drive or 6844 Jacktown Drive 354 6836 Jacktown Drive 355 6822 Jacktown Drive 3_56 6814 Jacktown Drive or 1134 Keadv Court 357 1126 Keady Court 358 1120 Kead .Court 359 1114 Keady Court 360 1108 Kead Court 361 1102 Keady Court 362 1040 Keady Court 363 1034 Keady Court 364 1028 Keady Court 365 1022 Keady Court 366 1025 Keady Court 367 1031 Keadv Court 368 1037 Keady Court 369 1043 Keady Court 370 1107 Keady Court 371 1113 Keady Court 372 1119 Keady Court 373 1125 -.qdy Court 374 1215 Keady Court 375 1225 Kead�Court 376 1305 Keady Court 377 1311 Kead Court 378 1317 Keady Court 379 1323 Keady Court 380 1329 Keady Court 381 1403 Keady Court 382 1409 Keady Court 383 1415 Keady Court or 1415 Stadium Drive 385 1402 Stadium Drive or 6805 Tyler Drive 386 6813 Tyler Drive 387 6817 Tyler Drive 388 6821 Tyler Drive 389 6825 Tyler Drive 390 6829 Tyler Drive 391 6833 Tyler Drive 392 6837 Tyler Drive 393 6841 Tyler Drive 394 6845 Tyler Drive or 1407 Mackey Drive 436 1305 Mackey Drive or 6844 Tyler Drive 437 6838 Tyler Drive 438 6832 Tyler Drive 439 6826 Tyler Drive 440 6822 Tyler Drive 441 6814 Tyler Drive 442 1308 Keady Court - 443 1232 Keady Court 444 1226 Keady Court 445 1220 Keady Court or 6807 Jacktown Drive 446 6815 Jacktown Drive 447 6823 Jacktown Drive 448 6831 Jacktown Drive 449 6839 Jacktown Drive 450 6847 Jacktown Drive or 1223 Mackey Drive The tax key number of the parent parcel is 23 -1002- 0022.01. Tax key numbers for the individual lots included within Lafayette Falls, Phase IV will be assigned by the County Auditor's office after each of the subsequent Secondary Plats are recorded. F.TrojectsW3- 11671Tax AbotementVax abatement -phase IV -property addresses.doc File In Filed lG� E. OCT - 2008 Jun WME civ CLEEv sQ BEND, !N. xw �L <..— se9v'•:T-E a3[cz -� -aT I I Mw CIN. OF THE Nw 1/• ♦ I 1 •B •) 1 I 1 I I F_____ -____ 31 SW [°RNER ON THE ,OF SEC. x-me— X . 50 •9 1 •6 ,s •• ,3 •3 1 •I Sw 1(a OF SEG 35- i]TN -R1f RRSr( -0.1'j 3.99' N TS 51 ` J 1 1 l 1 1 1 1 1 I ( -°.1 FCONN -sK ' ' l__, J__ �__- 1__�__ w SB -rwUU, ♦ /' i/ ` ♦ \ ^�fR pnrvE 5 0 L ----------- ]3 I. IRF - _-- _ - -__' _- z19 37D ` `1 l 56 II 5T sB 59 ; 60 1 1 ^ �` ! 9TOx m. -- 63 11 1 '%i _ . 3(� 00 „i 1 IIE n ' JA 1I ]s Sa i 1 6 A' 313 2e1 �i`n ^ti>' l 1 - le y °] ♦ ♦y3(.� `L 273 �_ 6• ORIK MVN -- i xT• ^w-- 1 aT Jls bs / T -- \ I1 xe3 i $ ST DRIK (>D' P RT -�: y` i i se I BT 11 NI_\ xB ; s ' •35 pe I l ,OS I P.a.e. -- I¢ Es ENf� "aE alai' i � I I I I I I I I I I I I LFOLCATION MAP YTIB NRRExRV opc PP'`AO113UGER C IE WANC E' 09 CCOAR T,6b1 UNC tENCTHB R[ARINC E°UTH BEN°.'" LI L THE ORANAOE AND U EASEUMTS oDD1EATE0 IX, THIS RAT ARTMCA.SENENT RESERVED BEND AND EC °R OF SAID IUTvN9b1, ITS SUCtt550Ri 59ONS E G SOUTH ry CwrAN C DEK Wo. ITS SUCCESSCHS ANO AS—I ST— THE ON! TO CONSmUCT AND MHNTAN CONRMIWS DRAINMA FADIITIE; I UDNa BUT NOT UIBrtD M. SWAIti PONES AND °NYAElLi TO PRONDE WTNN SMIO EASFUE.IR YARD co.3 He''Alo :s "T" THEIEIR 91C�C µ0 AIBSFiTST SHALL TANS THEIR D-1 SUB&CT TO SAID USE OF THE oRNHAOE AND UTU T EASNENTS x, AL 950 ENIS THAT ARE INDICATED ON ODCUUEHTAnON PRO ADED BY THE PROPERTY CNNHC11 S ERO9ON CONTROL PVRS HAVC BCTN FEED wTH AND —R.— BY THE 111—U fAVCRNING A—ERS. ALL LOTS wLL K OOAERNCD BY RESTRICTiA COKHANTS S SE.R AND WATER TSTRECTS AND DRANADC Sn TO HE MEET QTY OF SOUTH BCND EHeNEERINO STANDARDS • STE IS w 1 11, C - No FLOOD —TONS "ST rcR CON 4Uwx 1-1 N0. Teo::• CH. s DATED Au." TS, Tam T, ACCORD "' T THE 1999 ST. JnSCPN CaNtt POTENnAL DROINOR'ATER CONTANwAnW SIRS r ED BY THE wCNIANA AREA COUN- K co—NNEHI N° °WVMENRo WMP9 TES LANDFILLS 9TCs USED FM DIID09N0 OF HATARO S SUBSTANCES OR RETL MEAD PROTECTION AREAS MST ON-91E DR ADUAEENT TD THE 9TE S sSETBBACHS ORDEASEMMENTSMpUTSTUD MM PUTTING OF MERE. Alen 9N ql. °U°�Nc B. To THE HeT U.Sn 0FPM1uFxT Qi THE NTERIU psN AND —,,E ST.- RCRNO _NTORV YARi ERE ARE NO DOQ313EM1ED RElUNDS wnW THIS 9TE Ia ON µ DATE OF APPR°vN of THS PRINARY KAT. THE 9 AT CONNITTEE R° A VARIANCE ARON THE Ott OF SOUTH BOND SV 'E—T oNs SECT, 21 -1,.0] Z3) m Allow LOTS 1Be ]99. 291. DpM TO 30111 RATNA 1-339. AN0 ]Te -3T0 m E%CEED THE L5 TO 1.0 1 I I 21 � 1' 30• I ' ' � I D oT(sw R/w) t ; 49DH ( LAFA'CTrt Ar A'eEn EnoH ivuOO ,NE \ / xo] NET�/°•sI9 x [2.. •s19ss 1 zo I zID I / I 1 i - 3]01 ]29 1 Ia I I fx�I 333 ° y , /'']]• ♦`a L__T__I'__T7 �;,t1 Jas %ao .�a• E IR W I � Ill w5i.la1 �i'T\♦ 1 ]3• 5j1� 8 ]3b % a3 � �. -_' vA 'ER [IR TLC =1� ♦ I I 1 333 `♦ ♦ �� ^`�`y/ /♦ JIB I 319 330 I1 331 1 e/ 'RI r ^ 11. ON °C—CIE11 21. 200e. TNC BOARD OF 3OHN0 APPI:.ALS OF THE Dry- SOU. BFI.O C ANTED A VARIANCE TO ALL°w LOTS ]BS OF THE REWIRED 30vf00T IAF.I rA�RO SETBAOC SETBACK wsiEAD I3. ON THE DATE OF A—` OF THIS PRIUARY PLAT. L T. THE AT CONUITTEE GRANTED A VARIANCE FRou THE Gtt a SOUTH BEN° wB0IN9ON REHAMIONs SELDON 31- 1a. °](DHI) TD ALLON A ]WS9 THROUECH J TO MSST w OUT BDNDRCON —CUS To THE LOTS STREET AT THE CHO W A BLOp(. 13 THE HOARY Mew v,l THE i.PncxliFricc OF 1tt1( sT�.IDE5EPH �R COUNTY RECd+OEIi. EYISnNO MONUMENTS ARE SHOVM ON Sw0 SUN_ .0 Q X73 O U o �TL ----------- f�N-I&T "G 7SW&6 i ( of Z PRIMARY PLAT & SUPPORT DATA SHEET LAFAYETTE FALLS PHASE IV INCLUDING A RESUBDIVISION OF LOTS 3036303 IN �- LAFAYETTE FALLS, PHASE Ni. SECTION THREE w0vEH0 Br. 0'm(w S LED Bn. O4 CaI.1 1 - SOIIM 9f.N0. pTN.WA OI SMH 0 E . INDIAHA nF1T SCAL GRAPHIC S _.. I IN I13T ) PART OF THE NORTHWEST QUARTER SECTION 2, TWP. 36 NORTH, RANGE 2 EAST CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY. INDIANA ABONMARCHE CONSULTANTS. L.L.0 EET 1 WRVS DATA TAOIE D[liA LARK Cl '^ _ �_ 10� 1 - -•3: E ,W 1R1� Ws 1 �pri0j •0] I 1 \. _ �'�- � aJ1 `�3 1 •IO I �I ICI- •Ot 3H u 4 LEGEND n �„JI FUO Q ,I D101 b ,W -1- .3.:Ni •1x Y g Y ., I� �� ue •u__J �i iAi 39e g,___; Ii A - - - -- T •3e' --- 1 u — — - G M 5- E'uENI - - ElusnHC SANITARY SERER LINE ® 2Y a —.. SETBALN UNC IROPOSED WATER UK NEr ORIK (sD' RAvI ®- n -- VISTNO WATER LNE -gel ® ""' YANNO.f '.—'to """' (INSTR F0737]a7) T Do— sAHTARY MNNWE 0 2W UTUTY CASELENT ® PROPOSED STORU UANNOLC 20' DRAIN EC 10' UCH R OF ON .ITT UM ® EpSnNG STdx4 uANH01,C JK R, OECD, HYDRANT T°' ...AM EASEUEHT ® MOPO5E0 STORM SCACR INLET ® x0' DRAINAGE GXUENT 2 [DSRNO smpu sEwEll naEr STREET CLASSIFICATION -- PROPCSW STORM SERER LOON ORDA (N/w VM1E5) NRRExRV opc PP'`AO113UGER C IE WANC E' 09 CCOAR T,6b1 UNC tENCTHB R[ARINC E°UTH BEN°.'" LI L THE ORANAOE AND U EASEUMTS oDD1EATE0 IX, THIS RAT ARTMCA.SENENT RESERVED BEND AND EC °R OF SAID IUTvN9b1, ITS SUCtt550Ri 59ONS E G SOUTH ry CwrAN C DEK Wo. ITS SUCCESSCHS ANO AS—I ST— THE ON! TO CONSmUCT AND MHNTAN CONRMIWS DRAINMA FADIITIE; I UDNa BUT NOT UIBrtD M. SWAIti PONES AND °NYAElLi TO PRONDE WTNN SMIO EASFUE.IR YARD co.3 He''Alo :s "T" THEIEIR 91C�C µ0 AIBSFiTST SHALL TANS THEIR D-1 SUB&CT TO SAID USE OF THE oRNHAOE AND UTU T EASNENTS x, AL 950 ENIS THAT ARE INDICATED ON ODCUUEHTAnON PRO ADED BY THE PROPERTY CNNHC11 S ERO9ON CONTROL PVRS HAVC BCTN FEED wTH AND —R.— BY THE 111—U fAVCRNING A—ERS. ALL LOTS wLL K OOAERNCD BY RESTRICTiA COKHANTS S SE.R AND WATER TSTRECTS AND DRANADC Sn TO HE MEET QTY OF SOUTH BCND EHeNEERINO STANDARDS • STE IS w 1 11, C - No FLOOD —TONS "ST rcR CON 4Uwx 1-1 N0. Teo::• CH. s DATED Au." TS, Tam T, ACCORD "' T THE 1999 ST. JnSCPN CaNtt POTENnAL DROINOR'ATER CONTANwAnW SIRS r ED BY THE wCNIANA AREA COUN- K co—NNEHI N° °WVMENRo WMP9 TES LANDFILLS 9TCs USED FM DIID09N0 OF HATARO S SUBSTANCES OR RETL MEAD PROTECTION AREAS MST ON-91E DR ADUAEENT TD THE 9TE S sSETBBACHS ORDEASEMMENTSMpUTSTUD MM PUTTING OF MERE. Alen 9N ql. °U°�Nc B. To THE HeT U.Sn 0FPM1uFxT Qi THE NTERIU psN AND —,,E ST.- RCRNO _NTORV YARi ERE ARE NO DOQ313EM1ED RElUNDS wnW THIS 9TE Ia ON µ DATE OF APPR°vN of THS PRINARY KAT. THE 9 AT CONNITTEE R° A VARIANCE ARON THE Ott OF SOUTH BOND SV 'E—T oNs SECT, 21 -1,.0] Z3) m Allow LOTS 1Be ]99. 291. DpM TO 30111 RATNA 1-339. AN0 ]Te -3T0 m E%CEED THE L5 TO 1.0 1 I I 21 � 1' 30• I ' ' � I D oT(sw R/w) t ; 49DH ( LAFA'CTrt Ar A'eEn EnoH ivuOO ,NE \ / xo] NET�/°•sI9 x [2.. •s19ss 1 zo I zID I / I 1 i - 3]01 ]29 1 Ia I I fx�I 333 ° y , /'']]• ♦`a L__T__I'__T7 �;,t1 Jas %ao .�a• E IR W I � Ill w5i.la1 �i'T\♦ 1 ]3• 5j1� 8 ]3b % a3 � �. -_' vA 'ER [IR TLC =1� ♦ I I 1 333 `♦ ♦ �� ^`�`y/ /♦ JIB I 319 330 I1 331 1 e/ 'RI r ^ 11. ON °C—CIE11 21. 200e. TNC BOARD OF 3OHN0 APPI:.ALS OF THE Dry- SOU. BFI.O C ANTED A VARIANCE TO ALL°w LOTS ]BS OF THE REWIRED 30vf00T IAF.I rA�RO SETBAOC SETBACK wsiEAD I3. ON THE DATE OF A—` OF THIS PRIUARY PLAT. L T. THE AT CONUITTEE GRANTED A VARIANCE FRou THE Gtt a SOUTH BEN° wB0IN9ON REHAMIONs SELDON 31- 1a. °](DHI) TD ALLON A ]WS9 THROUECH J TO MSST w OUT BDNDRCON —CUS To THE LOTS STREET AT THE CHO W A BLOp(. 13 THE HOARY Mew v,l THE i.PncxliFricc OF 1tt1( sT�.IDE5EPH �R COUNTY RECd+OEIi. EYISnNO MONUMENTS ARE SHOVM ON Sw0 SUN_ .0 Q X73 O U o �TL ----------- f�N-I&T "G 7SW&6 i ( of Z PRIMARY PLAT & SUPPORT DATA SHEET LAFAYETTE FALLS PHASE IV INCLUDING A RESUBDIVISION OF LOTS 3036303 IN �- LAFAYETTE FALLS, PHASE Ni. SECTION THREE w0vEH0 Br. 0'm(w S LED Bn. O4 CaI.1 1 - SOIIM 9f.N0. pTN.WA OI SMH 0 E . INDIAHA nF1T SCAL GRAPHIC S _.. I IN I13T ) PART OF THE NORTHWEST QUARTER SECTION 2, TWP. 36 NORTH, RANGE 2 EAST CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY. INDIANA ABONMARCHE CONSULTANTS. L.L.0 EET 1 WRVS DATA TAOIE D[liA LARK Cl R S 1ERClN C BEARING CT LEGEND ROADWAY ITT of CF [ — — MOROSE. s_1AR1 SE— LINE G M 5- E'uENI - - ElusnHC SANITARY SERER LINE ® 2Y a —.. SETBALN UNC IROPOSED WATER UK © IS' BI6LpN0 SETBACK UNE (SEE NOTE III) _ VISTNO WATER LNE 1.5' NMESS/EONESS EASEMENT ® ""' YANNO.f '.—'to """' (INSTR F0737]a7) T Do— sAHTARY MNNWE 0 2W UTUTY CASELENT ® PROPOSED STORU UANNOLC 20' DRAIN EC 10' UCH R OF ON .ITT UM ® EpSnNG STdx4 uANH01,C JK R, OECD, HYDRANT T°' ...AM EASEUEHT ® MOPO5E0 STORM SCACR INLET ® x0' DRAINAGE GXUENT 2 [DSRNO smpu sEwEll naEr STREET CLASSIFICATION -- PROPCSW STORM SERER LOON ORDA (N/w VM1E5) "o STORU SERER LAME .......AMEN LOCAL ....... MAGNET' DNVE (3C R/N) ♦ +A/.A/ TREE UNC LDCAL ....... YAIXET COURT (5C BIN) RRSF RAILROAD SPARE FOUND IDCK ....... LUn DRHE (50' R/W) RC RCcm CORNCII LOCAL ....... BRICK CRILE (50' R/R') K RECORD WC - . STAdNI DBIVB (W am • OIAMEmR LOCAL ....... K[AOY COURT IBd R/M LOLL ....... 3Aatmwll omv[ (SO' R/VO IRF IRON RW FOUND °NNE (sIr R/R7 NRRExRV opc PP'`AO113UGER C IE WANC E' 09 CCOAR T,6b1 UNC tENCTHB R[ARINC E°UTH BEN°.'" LI L THE ORANAOE AND U EASEUMTS oDD1EATE0 IX, THIS RAT ARTMCA.SENENT RESERVED BEND AND EC °R OF SAID IUTvN9b1, ITS SUCtt550Ri 59ONS E G SOUTH ry CwrAN C DEK Wo. ITS SUCCESSCHS ANO AS—I ST— THE ON! TO CONSmUCT AND MHNTAN CONRMIWS DRAINMA FADIITIE; I UDNa BUT NOT UIBrtD M. SWAIti PONES AND °NYAElLi TO PRONDE WTNN SMIO EASFUE.IR YARD co.3 He''Alo :s "T" THEIEIR 91C�C µ0 AIBSFiTST SHALL TANS THEIR D-1 SUB&CT TO SAID USE OF THE oRNHAOE AND UTU T EASNENTS x, AL 950 ENIS THAT ARE INDICATED ON ODCUUEHTAnON PRO ADED BY THE PROPERTY CNNHC11 S ERO9ON CONTROL PVRS HAVC BCTN FEED wTH AND —R.— BY THE 111—U fAVCRNING A—ERS. ALL LOTS wLL K OOAERNCD BY RESTRICTiA COKHANTS S SE.R AND WATER TSTRECTS AND DRANADC Sn TO HE MEET QTY OF SOUTH BCND EHeNEERINO STANDARDS • STE IS w 1 11, C - No FLOOD —TONS "ST rcR CON 4Uwx 1-1 N0. Teo::• CH. s DATED Au." TS, Tam T, ACCORD "' T THE 1999 ST. JnSCPN CaNtt POTENnAL DROINOR'ATER CONTANwAnW SIRS r ED BY THE wCNIANA AREA COUN- K co—NNEHI N° °WVMENRo WMP9 TES LANDFILLS 9TCs USED FM DIID09N0 OF HATARO S SUBSTANCES OR RETL MEAD PROTECTION AREAS MST ON-91E DR ADUAEENT TD THE 9TE S sSETBBACHS ORDEASEMMENTSMpUTSTUD MM PUTTING OF MERE. Alen 9N ql. °U°�Nc B. To THE HeT U.Sn 0FPM1uFxT Qi THE NTERIU psN AND —,,E ST.- RCRNO _NTORV YARi ERE ARE NO DOQ313EM1ED RElUNDS wnW THIS 9TE Ia ON µ DATE OF APPR°vN of THS PRINARY KAT. THE 9 AT CONNITTEE R° A VARIANCE ARON THE Ott OF SOUTH BOND SV 'E—T oNs SECT, 21 -1,.0] Z3) m Allow LOTS 1Be ]99. 291. DpM TO 30111 RATNA 1-339. AN0 ]Te -3T0 m E%CEED THE L5 TO 1.0 1 I I 21 � 1' 30• I ' ' � I D oT(sw R/w) t ; 49DH ( LAFA'CTrt Ar A'eEn EnoH ivuOO ,NE \ / xo] NET�/°•sI9 x [2.. •s19ss 1 zo I zID I / I 1 i - 3]01 ]29 1 Ia I I fx�I 333 ° y , /'']]• ♦`a L__T__I'__T7 �;,t1 Jas %ao .�a• E IR W I � Ill w5i.la1 �i'T\♦ 1 ]3• 5j1� 8 ]3b % a3 � �. -_' vA 'ER [IR TLC =1� ♦ I I 1 333 `♦ ♦ �� ^`�`y/ /♦ JIB I 319 330 I1 331 1 e/ 'RI r ^ 11. ON °C—CIE11 21. 200e. TNC BOARD OF 3OHN0 APPI:.ALS OF THE Dry- SOU. BFI.O C ANTED A VARIANCE TO ALL°w LOTS ]BS OF THE REWIRED 30vf00T IAF.I rA�RO SETBAOC SETBACK wsiEAD I3. ON THE DATE OF A—` OF THIS PRIUARY PLAT. L T. THE AT CONUITTEE GRANTED A VARIANCE FRou THE Gtt a SOUTH BEN° wB0IN9ON REHAMIONs SELDON 31- 1a. °](DHI) TD ALLON A ]WS9 THROUECH J TO MSST w OUT BDNDRCON —CUS To THE LOTS STREET AT THE CHO W A BLOp(. 13 THE HOARY Mew v,l THE i.PncxliFricc OF 1tt1( sT�.IDE5EPH �R COUNTY RECd+OEIi. EYISnNO MONUMENTS ARE SHOVM ON Sw0 SUN_ .0 Q X73 O U o �TL ----------- f�N-I&T "G 7SW&6 i ( of Z PRIMARY PLAT & SUPPORT DATA SHEET LAFAYETTE FALLS PHASE IV INCLUDING A RESUBDIVISION OF LOTS 3036303 IN �- LAFAYETTE FALLS, PHASE Ni. SECTION THREE w0vEH0 Br. 0'm(w S LED Bn. O4 CaI.1 1 - SOIIM 9f.N0. pTN.WA OI SMH 0 E . INDIAHA nF1T SCAL GRAPHIC S _.. I IN I13T ) PART OF THE NORTHWEST QUARTER SECTION 2, TWP. 36 NORTH, RANGE 2 EAST CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY. INDIANA ABONMARCHE CONSULTANTS. L.L.0 EET 1 LAFAYET-1 E FALLS . CENTRE TOWNSHIP, CITY OF SOUTH BEND, INDIANA It(RN ROAD t I,3 }50 x06 2 ] }y ]q 6 5 4 3 I50 0 }65 ]55 2.1 366 56 290 9 36] 25) ]39 e a 10 ] }62 i5e 9 I] f, }Jl 1. 159 3 12 S.r xt ]a 2 It 3 6 0 I]3 0 233 133 DE LURA wAY 9 23' 23] CSR} C t0 2e IIa �'oI 31, 2. H I36 1) b a na b x:9 6 vL9 ae ju 09 3 06 0! 11 BJ 03 „ 31 aI 1V ]le ` SLATER DRIVE , I'D It! I10 }1] 52 P Fq 2 179 111 I'D a5 56 Y 1. 60 6, ,3� IM IOS p4h/ 5 106 DMk 62 ]n l0 ]93 x9e See ]l6 ]2I ? 26) ]6 3e1 lb P9 lle ]} all Gx 102 I09 I10 211 }el � lls ^� � e6 Jei Jl6 63 )6 ( I Sl2 1"t]1 6 D9,Ix, lex = :]• Bj 269 315 iNls DRAYBNC 0111115 DIE sCNCMARO LAYWi OF LOTS, FOR ACTUAL LAVDUl AND DIUENSIDNS SEC LEGAL SURVEYS AND RECORDED sU801w s10u RInTS NJ ABONMARCHE CONSULTANTS, L.L.C. 451 sau e..d 9.69...6601 �.�` 6) � 6s les m6 x31 lb ] s Jxe Sn STADIUM OR 66 62 333 326 J 0]5 06 305 005 ]]J 310 ]0 . BJe 033 001 01 306 SB ) .01 006 ]6e 3)} JII Jl0 169 36) 66 J]a i JIB 20a BJ2 031 D 002 i ,0, - 160 ..) ; 039 J56 ^pY 336 �anT J65 31e In •l0 1 0 9m p .•e � lss ]sT nI m l:o v, xe6 2e] 0x9 al 399 >90 Jcl 0 3A 319 J60 >s. ]61 36} J63 JJ6 g 312 0 3s2 � J16 2BB 289 01] 15 J91 396 BM Jsl 35} ] }50 309 SBe 307 306 Ny >J9 300 315 290 016 J95 )90 -C.EY DRIVE A 191 192 x9) 390 295 i 2B) 190 }9B b1 ]03 b] 3 5 )O6 b) ]Oe JOO 310 )11 ]13 313 NO - n. 302 30] JOO • A)c R6A.T-L -MEN Foa- p/1oPSEp C oT5 285-313, 340- 3.°x.3, 385-34 , f4n�D 43co- 4SO- 6 -aE5nJ 6all- h4T75:3 (--T'S EX.GSP—i 1 /}05&- - Vni MIT . iNls DRAYBNC 0111115 DIE sCNCMARO LAYWi OF LOTS, FOR ACTUAL LAVDUl AND DIUENSIDNS SEC LEGAL SURVEYS AND RECORDED sU801w s10u RInTS NJ ABONMARCHE CONSULTANTS, L.L.C. 451 sau e..d 9.69...6601 Pictured Looking Easterly into Phase IV from the current eastern terminus of Stadium Drive. (Just North of Lot 405 within Lafayette Falls, Section Five & Lafayette -Falls, Phase III, Lots 405 & 406.) F Picture 2 - Looking Easterly into Phase IV from the current eastern terminus of Mackey Drive. (Just South of Lot 395 within Lafayette Falls, Phase III, Section Three.) wof S aY �1 �. �:� p.b.« •rs -�- C+r e ti r L�'F `� .�'.y'� ^�r� �`,!vk..�, o� � '4k .,y,•.r L.. S� M�,-:.,. �y� fti� �2att ':- ii t'x #: •� f.. l�C.?i''t''-{..x.`i .. �� : q.�:. a�1 _� a[ s C.r,Ry,��S,k w' �. � � ;'.'��'ti N�� � 1 ...r.?. >'�r���rY ,s''M''r'•�,�.��7 .i�Y. »ii, �yti '� - �s- aej�b'a I IDi�y'�; .• . J L_�iiriw •f :jam \t• A rR +fir � 1 ���• f Y' ian• •_ i.4�:- .'� .. -.. ��Y- _3... 3„acfi. „�. ,..,.any °' �"` w.s..ry►..a.s ^ +.� "� Z 4dr�Y. "�.�1f � � 1i Lam'^. M �v C.F. +r�M-iM1� r1 � I -. wHa4• �. , RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1019 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT J. AND DEBORAH S. BERNHARD WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1019 Notre Dame Avenue, South Bend, Indiana_ , and which is more particularly described as follows: A part of the Northeast Quarter of Section 1, T.37 N., R.2 E. (Being a replat of part of Lot 84 and 85 of Sorin's Second Addition to Lowell, now the City of South Bend) Portage Township, City of South Bend, St. Joseph County, Indiana and this property has Tax Key Numbers 18 -5104 -3650 and 18 -5104 -3653, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se q., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1, et M., and South Bend Municipal Code Sections 2 -76, et se q., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and fords that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or_ certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. 2 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. iKESEhtED (.. 3 -- Z ) -)V V =tOT APPROVED -�,DOPYED 7 rtou_ze A Member of the Common Council (°+�<<`idit�r:`.?f FP?m aid 3 Filed In CICA" , Office OCT CITY Cl Lt;K, SO. `____.eIN_^ 1200 COu:,m-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 Fax 5741235 -9021 TDD 574/ 235 -5567 CITY OF SO= BEND STEPHEN J. LUECKE, MAYOR COMMUNITY CRY[ ECONOMIC DEVELOPMENT ,JEFFREY V. GIBNEY EXECUTIVE DIRECTOR September 22, 2008 Council Member Derek Dieter, Chairperson Community & Economic Development Committee South Bend Common Council. 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Bernhard, Robert J. and Deborah S. Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Robert J. and Deborah S. Bernhard to build a single - family home at 1019 Notre Dame Avenue. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single - family home at a cost of $450,000. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, October 13, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, �( Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney .Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SL PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAH: 574/235 -9697 574/235 -9371 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574 1235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF So= BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT .JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: BERNHARD, ROBERT J. & DEBORAH S. DATE: September 22, 2008 On September 18, 2008, a petition for residential tax abatement consideration for real property located at 1019 Notre Dame Avenue was filed with the City Clerk by Robert J. and Deborah S. Bernhard. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Robert J. and Deborah S. Bernhard intend to construct a 3,100 square foot, single - family, owner- occupied home. The home will have four bedrooms and four bathrooms plus a kitchen, dining room, den, great room, laundry room, fireplace and attached two -car garage. The cost of the home will be approximately $450,000. Total taxes to be abated during the (5) five -year abatement period are estimated at $2,216. Total taxes to be paid during the (5) five -year abatement period are estimated at $24,036. Please note that the petitioner submitted two petition forms with different tax key numbers because the property in question has two tax key numbers. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAX: 574/235 -9697 5741235 -9371 South Bend Redevelopment Commission RE: Bernhard, Robert J. & Deborah S. September 22, 2008 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (S) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 5 YEAR. 19- Sep -08 ROBERT J. & DEBORAH S. BERNHARD South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost) LAND Value 10�000 Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non - Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of 50,000:00 Total Taxes Tax Abated ** Tax Paid * ** 382,500.00 10,000.00 382,500.00 N/A 382,500.00 N/A 392,500.00 382,500.00 382,500.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (120 575.00) (120,575.00) (120,575.00) 223,925.00 213,925.00 213,925.00 N/A N/A (74,880.00) N/A (139,045.00) N/A N/A N/A 10,000.00 223,925.00 74,880.00 149,045.00 4.3592% 4.3592% 4.3592% Gross Tax (tax rate x net assessed value) 9,761.34 3,264.17 6,497.17 Less State & County Homestead Credit: 0.4625% (1,035.65) (346.32) (689.33) Tax Due Before Circuit Breaker 8,725.69 2,917.85 5,807.84 Less Circuit Breaker Credit (3,475.27) (2,474.63) (1,000.64) Net Tax 5,250.41 443.21 4,807.20 4 223,925.00 5,250.41 Circuit Breaker Cap 4,807.20 5 223,925.00 Circuit Breaker 1.0000% 3,925.00 3,825.00 3,925.00 Debt Service 0.5919% 1,325.41 443.21 882.20 Circuit Braker Cap 5,250.41 4,268.21 4,807.20 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 223,925.00 5,250.41 443.21 4,807.20 2 223,925.00 5,250.41 443.21 4,807.20 3 223,925.00 5,250.41 443.21 4,807.20 4 223,925.00 5,250.41 443.21 4,807.20 5 223,925.00 5,250.41 443.21 4,807.20 5 year totals: 26,252.06 2,216.07 24,035.99 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** *Tax Paid is calculated.0 sing the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE ROBERT J. & DEBORAH S. BERNHARD *Current tax levy * *Additional tax revenue from new investment LAND* BUILDING"* TOTAL Year 1 $602 $4,205 $4,807 Year 2 $602 $4,205 4,807 Year 3 $602 $4,205 4,807 Year 4 $602 $4,205 4,807 Year 5 $602 $4,205 4,807 Total $3,010 $21,025 $24,035 *Current tax levy * *Additional tax revenue from new investment 20 PAY 20� STATEMENT OF SE14EFITS REAL ESTATE IMPROVEMENTS FORtvi SB -1 /Real Property ' State Form 51767 (R2 I 1 -07) ' z Prescribed by the Department of Local Government Finance e,e This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.1 -4) ❑ Eligible vacant building (IC 6 -1.1- 12.1 -4.8) INSTRUCTIONS: 1. This statement must be submitted to the information from the applicant in making body s deison about designating the whether o designate an Economic rRevitalizationl Area. nOtherwise this statement must be s submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) "Projects" planned or committed to a Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, 2. App BEFORE a deduction may be approved. or Form 322 3 of: (1) May deduction, do thirty application days after the notice of addition to a se sed valuation vor new assessment must s mailed to the property owner at the address shown on the records of the township assessor. lication to 4. Property owners whose Statement o f Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the app show compliance with the Statement of Benefits. (IC 6- 1.1- 12.1- 5.1(b) and IC 6 -1.1- 12.1- 5.3Q)J 1 to an statement 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6 -1.1- 12.1 4.8(1) for vacant buildings app y y e to apply to a statement of benefits filed before of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continu July 1, 2000. Name of taxpayer Address of taxpayer LnUmber and street, city state, and zip code) (J q ;*q sT Name of contact person ^ y �C F1"IL 'Q f�),,U6,J Q) Name of a A S L e. -,u/ Cf e-4 Telephone number .ocation of property IDlq N� i pr QAA�`�� AVM S/3. T 5escription of real property! provements, redevelopment, or rehabilitauon I a W241 MM Current number Salaries Number retained County 0 Dnal sheets if necessary) A 2- ca. S Ar2J� NOTE: Pursuant to IC 6 1.1- 12.1 -5.1 (d) (2) the COST of the property is confidential. Current values Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project Estimated solid waste converted (pounds) Other benefits hereby certify that the representatirs in this statement are true. Salaries Ll 0 V E -mail address I� D6 I. E dd rv�UC�✓CG'3f0� rFOnt� Resolution number DLGF taxing district number PQ r 'FG , Estimated start date (month, day, year) QCT lj-f4 - f),? Estimated.00mpletion date (month, day, year) �ukf Number additional I Salaries REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Estimated hazardous waste FilEg.1-4,14 d In CI�i�'��ti�t 1 8 2008 OUDE1`J, M. CM CLEi3K, inpt re of author' d repr entativ t 4 Et tilt , 7< Page 1 of 2 signed (month, day, year) 161- °'? — We have reviewed our prior actions relating to the designation Said �i resolution, Revitalization e unde Area 1 12 1r, provides for the following limitations: l standards adopted in the resolution previously approved by this body. S A. The designated area has been limited to a period of time not to exceed calendar years * (see be The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: Yes ❑ No 1. Redevelopment or rehabilitation of real estate improvements 0 Yes ❑ No 2. Residentially distressed areas ❑Yes ❑ No 3. Occupancy of a vacant building C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years* (see below). and find that the estimates and expectations are reasonable and have We have also reviewed the information contained in the statement of benefits determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Designated body Attested by (signature and title of attester) * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 - 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. if the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH SEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend and South Bend municipal Code ec. 2-76 abatement or hs and pursuant to LC., 6 -1.1- 12.1 -1, et se petition states the following: square footage, 1. Describe the proposed construction project, e coed gtinformation roosed use of he improvements, and a rooms, amenities, the amount of land to b , p g project general statement as to the importance of the project (use additional sheet for long p j descriptions) n � R 6 C C 0 " 0 rs 1J 9 pp ' � !1 1 r 1 - Azy GrLt�^l� f W&IM 2. Estimate the dollar value of the construction project (do not include land cost): $ s- 005 3. The real property for which tax abatement con xcif the petitioned ri organization is publicly ly he de owned by the following individual(s) or corporations indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Interest ':5 -4- (J.2 0tq known address of the Property q. The commonly � � �N and having tax 'key is: D 1� V� S � � y - 3 � � -- _ (use additional sheet for multiple addresses or key no.: 12 - 6 numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. e location of the Property(s) is attached hereto, marked Exhibit B, 6. A map and /or plat indicating th and is incorporated herein. - �. The current assessed valuation of the property before construction is $ Q (use additional sheet for multiple addresses). (This information may be obtained fr the St. Joseph County Assessor's Office, 235-9523)• 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): (This information may be obtained from the St. Joseph County Treasurers office, 235 -9531) 1o. What is your best estimate of the after completion market value of the propert y: 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of wed the Declaratory Resoluti permit (Tax ba abatement is after the South Bend Common Council has app not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United StateDepartment Housing and Urban Assistance Office St. Joseph from the City of South Bend, South Bend Housing County Housing Consortium or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become e undesirable deterioration oor impossible impo of or other factors because which of a lack of development, cessation growth, have impaired values and prevent a normal development of the property: of the property is 14. The current use and the current zoning is V u G At, (use). (This information may be obtained from the Building Department 235 -9553) 15. The property is located in the following Allocation approval (if of the declared and abatement byfithe Redevelopment Bend Redevelopment Commission (requiring Commission): 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Nape (Z� (1d,✓ I'1 �� I 1 �. Address 2 City, , State, Telephone 7 c� A 7)- Q . WHEREFORE, Petitioner has paid the required fee r oluti o and requests eaarea described d here ncas a the City of South Bend, Indiana, adopt a declaratory resolution designating after residentially distressed area for the purposes of r that he qual fications for aoresidentially distressed publication of notice and public hearing, determine area have been met and confirm such resolution. Name of Property Ovvner(s): By: (Signature) (Typed or printed name and capacity) _ ..�'�CjvCS��'l �S'�• t 3 CITY OF SOUTH BEND, INDIANA. PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C.. 6- 1.1- 12.1 -1, et se g., and South Bend Municipal Code Sec. 2 -76 et se g. for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, statement as to thetimportance of land to be of the used, p oject (use additional sheet ong project general statem descriptions): 0 � /!�U wi c � ✓ ►'t �% cct r 3 U Q r .✓' _ 5 deA t kf leo 4 Sat -ne_ 44 2 /N-5 off)c IM cltbja� w 2. Estimate the Udollar value of the construction project (do not include land cost): $ ,,r�0 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): ame ddress Interest RX4 � � Z-) ��n�ia rid D � l' •�J�� ne �'� -S � r� � 4. The ommonly known address of the Property i o r /L f e- 7,0 Arp and having tax key no.: /I�` S'!a �! ' S3 eet for multiple addresses or key (use additional sh numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated . herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. y. The current assessed valuation of the property before construction is $ �� oU St. Jose sh additional sheet for multiple addresses). (This information may be obtained fr P County Assessor's Office, 235 - 9523). 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the. previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): (This information may be obtained from the St. Joseph County Treasurers office, 235-9531) 1o. What is your best estimate of the after completion market value of the property: 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: X ;-/ 14. The c ent use of the property' is VaLa and the current zoning is (use). (This information may be obtained from the Building Department 235 -9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: . 71 Address 2 City, State, Telephone f' j l 'd,� r —�-) b Zip WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): By: (Signature) r J (Typed or printed name and capacity) Filed to clergy's 01fice SEP 1 8 2008 3a�ra vocpae EXHIBIT A Address: 1019 Notre Dame Avenue (2 parcels) Legal Description: A part of the Northeast Quarter of Section 1, T.37 N., R.2 E. (Being a replat of part of Lot 84 and 85 of Sorin's second Edition to Lowell, now the City of South Bend) Portage Township, City of South Bend, St. Joseph County, Indiana Parcel Number: Parcel 1: 18-5104-3650 Parcel 2: 18 -5104 -3653 - -- L_PROJECTS_MMMNETS_nIMnG MG —PAGE I -O.N 2" 10.M"M1 SORIN S SECOND ADDITION FOURTH REPLAT A PART OF THE NORTHEAST QUARTER OF SECTION 1, T.37 N., R.2 E. (BEING A REPLAT OF PART PORTAGE TTOWNSHIP, CITY OF SOUTH SECOND BEND, STDJI SEPH COUNTY, INDIANA E CITY OF SOUTH BEND) DWI r M IvMIR OIr10 r �,. lsrr R �W`� , N ,arrr. N r bM OoC R anrn.. � �w� A I eMaMerns �EiM��Irs�n+n.r� Iuw i � wKO aiNa,s r' ��i�sAnw � m rR m I1L IrM MrINl T.NrO, N r< 1 1 � ` - C/L ST. 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S(nu+��. tit!! D+ v. 7�w'. �.` ��.: Y': Vir�r�%<_= r��°- �' itit�e2^ '�v.r:7�1�.':A��:t•'-?�ty4'`!ry lips- x'y�`?•i...�T`•%`1"f.�'r,_. d+•ceF!�uv�_S+At+?'':� _r y� -.'.0 ,'.it a. .. _ -.. '• ._ _ EXHIBIT D Trying to revitalize an area of the Northeast Neighborhood and build up the tax base for a long time to come. 1200 Co= -Cm BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR October 15, 2008 & �� C-g South Bend Common Council _- Fourth Floor Council Chambers 400 County City Building South Bend, IN 46601 Dear Council Members: The attached resolution for your consideration and approval will authorize submission of an Assessment Grant application to the United States Environmental Protection Agency. We intend to submit an application for a $200,000 Assessment Grant to continue the citywide Assessment program that was funded by a previous EPA grant. The application is due at EPA by November 14. I will attend the Council meeting on October 27th. Please contact me at akolata@southbendin.gov if you have any questions. Sincerely, Ann E. Kolata Senior Redevelopment Specialist Filed In CI'BV '5 Olt" O CT 2 � rLOIJ'J JG;N vSO 202,1N. cmt cull:. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT O , 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELD ASSESSMENT GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for brownfield revitalization , including grants for site assessments; and WHEREAS, the the City of South Bend previously received an assessment grant but needs additional funding in order to continue the program; and WHEREAS, the City of South Bend intends to request a $200,000 Assessment Grant; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Environmental Protection Agency Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to apply to the United States Environmental Protection Agency for a $200,000 Assessment Grant and to execute all documents related to any grant awarded. SECTION 11. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the application submitted to the United States. - Environmental Protection Agency. SECTION Ill. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency. SECTION IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend the Assessment Grant awarded under this application. SECTION V. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. RESENTED Lo-'—I-"t NOT APPROVED. ADOPTED. Member of the Common Council ���..; L+�c'�s. •:.�: C }3 j:.0`�,��;v !`i�i:i'.F�E� i.Z3�L9 Qij �i 133 Cii�YMVi Filed In (; llev& Ws OlficO 0 C 2 2 2008 1QHF1 V ©OF�DE CITY CLERK, SO. BENA IN. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3466 AND 17210 DOUGLAS ROAD AND SOUTH OF 17210 AND 17242 DOUGLAS ROAD AND APPROXIMATELY 1,000 FEET EAST OF S.R. 23, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning is "CB" Community Business District and "SF 1" Single Family and Two Family District and the proposed zoning for the property is "CB" Community Business District to allow for all permitted uses in "CB" Community Business District except those uses within the written commitments attached hereto. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, ALSO BEING A PART OF LOT 1 IN HARTMAN'S DOUGLAS ROAD MINOR, RECORDED AS INSTRUMENT NUMBER 0546777 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF, THENCE SOUTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG THE NORTH LINE OF SAID EAST HALF, A DISTANCE OF 139.00 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST, A DISTANCE OF 220.03 FEET TO THE POINT OF BEGINNING MARKED BY A FOUND LANG/FEENEY REBAR AND CAP; THENCE NORTH 89 DEGREES 52 MINUTES 54 SECONDS EAST, A DISTANCE OF 187.70 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 00 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF 179.71 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF DOUGLAS ROAD; THENCE NORTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 546.61 FEET TO A POINT BEING SOUTH 89 DEGREES 57 MINUTES 53 SECONDS WEST, A DISTANCE OF 455.05 FEET AND SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET FROM THE NORTHEAST CORNER OF SAID EAST HALF, BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 711.95 FEET TO A FOUND 1/2" IRON PIPE; THENCE NORTH 89 DEGREES 59 MINUTES 21 SECONDS WEST, A DISTANCE OF 362.31 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 57 MINUTES 12 SECONDS WEST, A DISTANCE OF 509.91 FEET TO A POINT ON THE WEST LINE_ OF SAID EAST HALF, BEING MARKED BY FOUND 3/4" IRON PIPE; THENCE NORTH 00 DEGREES 31 MINUTES 07 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 287.09 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 44 MINUTES 18 SECONDS EAST, A DISTANCE OF 134.10 FEET; THENCE NORTH 01 DEGREE 07 MINUTES 30 SECONDS EAST, A DISTANCE OF 243.39 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PURCHASE PARCEL CONTAINING 12.135 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD; THIS DESCRIPTION WAS PREPARED BY AARON BLANK, P.L.S. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON JUNE 06, 2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. be and the same is hereby established as "CB" Community Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common dolycil .,� iS �I �::. 4fr'•1 �:j �'e :Ind ;. �t. io'- .'•'�so r 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. Approved and signed by me on the 1 st READING L0�2_1 -Jb PUBLIC HEARING 3 rd READING NOT APPROVE{? REFERRED. PASSED, City Clerk day of , 2008, at o'clock Mayor of the City of South IndiAfm39 'OS `XH310 LW 30800A 1414or E 8002 g - DO 83:110 s')1119jwo ul P011.4 Date Filed Date received by the Area Plan Commission Application No 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 at: Property located between 3466 and 17210 Douglas Road and south of 17210 and 17242 Douglas Road and approximately 1,000 feet east of S.R. 23 2) Name and address of property owner(s) of the petition site: Douglas Road Partners, L.P. 227 South Main Street, Suite 300 South Bend, IN 46601 (574) 234 -2073 3) Name and address of contingent purchaser(s), if applicable: MAGI 4) It is desired and requested that this property be rezoned from "CB" Communi y Business District, "SF1" Single Family and Two Family District to "CB" Community Business District 5) This rezoning is requested to allow the following use(s): Permitted uses allowed in "CB" Community Business District excepting those within the written commitments. 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 81/2" x 11" format. Signature(s) of all property owners, or Attorney for all property owners: PETITION PREPARED BY: Derek J. Spier, A.I.C.P. Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574) 232 -8700 dspier @abonmarche.com Printed: Frank Perri Dou oad P ers P. Signed: ^--- Title: Address: 227 South Main Street Suite 300 South Bend IN 46601 Phone Number: (574) 234 -2073 CONTACT PERSON: (If different) Same as Petitioner & Property Owner Hied to Clerk's Office OCT - 8 2008 JOHN VOORDE CITY CLERK, 80. BEND, IN. N t 8 @c_ S C Wg t GENERAL DATA 1. T.Id Mc 6 in.'nrW le•Mi2rue]'n Wil'CB' 1 CM.uI 2mN0. B md T F—Y Wftl 7m . csr -- 4B' gvty sy BP.Fw BbIRL A Pr.pr.d lmd But Uea do.tl 'co, IF.. 1, B.dnw mt.L W. P••• D.r HI U M MIw�Fd. 0. IM pWUW FddF. bro16A d,. MAP.. .nd F.dAH Wr. w eppw5n.1. W Yjesl 1. dsq. Od.. le Dnd fit. F,r Wpr.v.n 4 iM PtWPrd dl. .B N rMCM 41 dIY BI l.uU BM Y.Ir .M S...r. J. Y bnd..WF1 rd .s.wlty did 1. N umdanu MIA Bwilon T -T.BI d IA. b1Y JmFL 6dFmu Wu. B�. yryr wAno.. �. Br.nl . 6 1M .+M1INp w11u1 Mrr Mr Drt Wp^�M AY Itu INII.! B1.lu MnY Cw d Ln�w. Is wwvr.w an AP t ), fia6 TABULATED DATA W,�,a 14D4D }01 F. A" rd bw 'a." as. M !P ][4740 n.)B TMd .451. 106th PARKING CALCULITIONS PrYYtF BpuA.d }D pAFP .I.•r P� 1.000 .¢ M1 PMN, Cdw.lbie NCN p M1 I AaoD •4 M1 • N v 1! W•• Ts1d � in W..r rptd (FdWNy ! ADA W....J P.dN. PtPdd.t IA - Y v 50' Wur (Fd,dN. I! VA Wre) fuAvP PpAFB haAd.Q ANl'rW TI - Y . f0' W..r LwPlb ...r.d. LEGEND !O Mvdr N P." syr.. M.ndrP PsAN! ipw TIP. D - Fs --I j (L) .r — A,r M . 27 hel N M M T vmanNlW ImduW. AIW ®TT. A - OPW AudrWNF Y!!!!!a F(.rnd.IM IudwWFB _ (1aJ AMp. tjlrb le'I .wY 50 bN .I brib Filed In Clerk's Office OCT 8 2008 JOHN VOORDE CITY CLERK, S0. BEND, IN. Nlllbnw t hoprly Outr. prpr D.od PuN.t4 LP. !n Dwm udn slrw4 suB+ ]ao sru sra w +asa1 AYnmsW Mov L LLc DsilA .rd W �e01 GRAPIUC SCALE (M PL4T ) PREUMINARY SITE PLAN SEC. 3Z TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA ME ABONMARCHE CONSULTANTS, L.L.0 LEGAL DESCRIPTION A PART OF LOT 1 OF HARTMAN'S DOUGLAS ROAD MINOR SUBDIVISION A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, ALSO BEING A PART OF LOT 1 IN HARTMAN'S DOUGLAS ROAD MINOR, RECORDED AS INSTRUMENT NUMBER 0546777 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF, THENCE SOUTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG THE NORTH LINE OF SAID EAST HALF, A DISTANCE OF 139.00 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST, A DISTANCE OF 220.03 FEET TO THE POINT OF BEGINNING MARKED BY A FOUND LANG/FEENEY REBAR AND CAP; THENCE NORTH 89 DEGREES 52 MINUTES 54 SECONDS EAST, A DISTANCE OF 187.70 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 00 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF 179.71 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF DOUGLAS ROAD; THENCE NORTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 546.61 FEET TO A POINT BEING SOUTH 89 DEGREES 57 MINUTES 53 SECONDS WEST, A DISTANCE OF 455.05 FEET AND SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET FROM THE NORTHEAST CORNER OF SAID EAST HALF, BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 711.95 FEET TO A FOUND 1 /2" IRON PIPE; THENCE NORTH 89 DEGREES 59 MINUTES 21 SECONDS WEST, A DISTANCE OF 362.31 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 57 MINUTES 12 SECONDS WEST, A DISTANCE OF 509.91 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF, BEING MARKED BY FOUND 3/4" IRON PIPE; THENCE NORTH 00 DEGREES 31 MINUTES 07 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 287.09 . FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 44 MINUTES 18 SECONDS EAST, A DISTANCE OF 134.10 FEET; THENCE NORTH 01 DEGREE 07 MINUTES 30 SECONDS EAST, A DISTANCE OF 243.39 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PURCHASE PARCEL CONTAINING 12.135 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD; THIS DESCRIPTION WAS PREPARED BY AARON BLANK, P.L.S. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON JUNE 06,2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. Filed In Clork's ' -fic � E OCT - 8 2008 JtiHN 1100RCE CETY CLERK, SO. HIT, 14. . STATEMENT OF PURPOSE AND INTENT The current zoning is "CB" Community Business District and "SF1" Single Family and Two Family District and the proposed zoning for the property is "CB" Community Business District to allow for all permitted uses in "CB" Community Business District except those listed within the written commitments which are included with this rezoning request. Flied, In Clerk's Office OCT - 8 2008 JOHN WORD;: CITY CLERK, 80. SEND, IN. 00 grow A N/ 77U Sti 'm s1 •ebeo •1 r. I To q U Fo LA Fo. 0 0 0 0019 M. � � p IV I 00 grow A N/ 77U C30-3-Di MM twet'go :Ld ev io-et,co of mI ------------- -- C4 ----------- ------- r- Sti •1 r. I To q U Fo LA Fo. 0 0 0 40 M. C30-3-Di MM twet'go :Ld ev io-et,co of mI ------------- -- C4 ----------- ------- r- V---ro 01 - 1 001 1 00 Y9' L61 '`IIbO 41 /L Sti ier 0 eA & All ks of 66 Or in T/V/,V 7.-7 it' )d. 40 r) 661 14 14 Z4 fig Ilk— .A eel I&W V---ro 01 - 1 001 1 00 Y9' L61 '`IIbO 41 /L Sti ier 0 eA JOHN & BEVERLY LEADER FRANK V. MULLIGAN TRUST DOUGLAS ROAD RETAIL PARTNERS 17250 MCERLAIN STREET 1 OLD TRAIL ROAD 227 SOUTH MAIN STREET, STE. 300 ENGLEWOOD, FL 34223 SOUTH BEND, IN 46601 SOUTH BEND, IN 46635 24- 2019- 0425.01; 24- 2019- 0425.02 02- 2023 - 0548.02 02- 2023 - 0548.10 ANDREW PECINA BER B. REFUGIO RUTH M. RUPLEY, TRUSTEE AND ND DOUGLAS ROAD 17260 DOUGLAS ROAD 16963 DOUGLAS ROAD SOUTH BEND, IN 46635 MISHAWAKA, IN 46545 SOUTH BEND, IN 46635 02- 2023 -0550 02 -2157 -7494 02- 2157 -7495 NOEL HENRY YARGER & JUDITH A. STRANTZ CHRISTINA L. OLINGER RUTH ANKETELL STREET 17180 MCERLAIN STREET 17200 MCERLAIN STREET 17150 MCERLAIN STREET SOUTH BEND, IN SOUTH BEND, IN 46635 SOUTH BEND, IN 46635 02 -2023- 0548.06;02- 2023 - 0548.09 02- 2023 - 0548.04 02- 2023 - 0548.11 02 -2023- 0548.07; 02- 2157 -7500 LILA SURGES & DANIEL WEST & RICHARD & LOIS S ROBERT REITER, TRUSTEES SHELLY BRITTON 17330 MCERLAIN STREET 51181 KINGS CROSSSING ING 3030 ROXBURGH DRIVE ROSWELL, GA 30076 SOUTH BEND, IN 46635 GRANGER, IN 46530 02 -2023- 0548.03 02- 2151 - 6957;02 -2151 -6958 02- 2023 - 0548.05 02 -2023- 0548.12 02- 2151 -6959 JOHN & BEVERLY LEADER FRANK V. MULLIGAN TRUST DOUGLAS ROAD RETAIL PARTNERS 17250 MCERLAIN STREET 1 OLD TRAIL ROAD 227 SOUTH MAIN STREET, STE. 300 ENGLEWOOD, FL 34223 SOUTH BEND, IN 46601 SOUTH BEND, IN 46635 24- 2019- 0425.01; 24- 2019- 0425.02 02- 2023 - 0548.02 02- 2023 - 0548.10 ANDREW PECINA BER B. REFUGIO RUTH M. RUPLEY, TRUSTEE AND ND DOUGLAS ROAD 17260 DOUGLAS ROAD 16963 DOUGLAS ROAD SOUTH BEND, IN 46635 MISHAWAKA, IN 46545 SOUTH BEND, IN 46635 02- 2023 -0550 02 -2157 -7494 02- 2157 -7495 DOUGLAS ROAD PARTNERS, LP JOHN & KATHLEEN NAGY 2400 MIRACLE LANE 17345 ELKINS STREET MISHAWAKA, IN 46545 SOUTH BEND, IN 46635 24- 2019 - 0425.03 02 -2157- 7497;02- 2157 -7496 F.l„d 0 - 8 2008 �Ci111 C00E DOUGLAS ROAD SHUBERT CONSTRUCTION, INC. PAUL & MARY LACLUYZE PARTNERS SOUTH, L.P. P.O. BOX 50 -A 17242 DOUGLAS ROAD P.O. BOX 1331 OSCEOLA, IN 46561 SOUTH BEND, IN 46635 SOUTH BEND, IN 46624 24- 2023 - 0548.16 02- 2023 -0548 02 -2023- 0548.01 WEBB J. STEELY & ARTHUR & MARY HANSEN RONALD & MARY KAY PECSI JOHN A. PIRACCINI 15800 PRESWICK LANE 17253 DOUGLAS ROAD 5510 SHAUGHN DRIVE GRANGER, IN 46530 SOUTH BEND, IN 46635 MISHAWAKA, IN 46545 24- 2023 - 0548.08 02 -2019- 0411.04 29- 2019 -0426 DOUGLAS ROAD PARTNERS, LP JOHN & KATHLEEN NAGY 2400 MIRACLE LANE 17345 ELKINS STREET MISHAWAKA, IN 46545 SOUTH BEND, IN 46635 24- 2019 - 0425.03 02 -2157- 7497;02- 2157 -7496 F.l„d 0 - 8 2008 �Ci111 C00E COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH ZONE MAP CHANGE OR PLANNED UNI T DEVELOPMENT REQUIRED Y THE CITY OF SOUTH BEND ZONING ORDINANCE In accordance with I.C. 36 -7 -4 -613, the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 3 8 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, ALSO BEING A PART OF LOT 1 IN HARTMAN' S DOUGLAS ROAD MINOR, RECORDED AS INSTRUMENT NUMBER 0546777 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF, THENCE SOUTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG THE NORTH LINE OF SAID EAST HALF, A DISTANCE OF 139.00 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST, A DISTANCE OF 220.03 FEET TO THE POINT OF BEGINNING MARKED BY A FOUND LANG/FEENEY REBAR AND CAP; THENCE NORTH 89 DEGREES 52 MINUTES 54 SECONDS EAST, A DISTANCE OF 187.70 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 00 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF 179.71 FEET TO THE SOUTH RIGHT -OF- WAY LINE OF DOUGLAS ROAD; THENCE NORTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 546.61 FEET TO A POINT BEING SOUTH 89 DEGREES 57 MINUTES 53 SECONDS WEST, A DISTANCE OF 455.05 FEET AND SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET FROM THE NORTHEAST CORNER OF SAID EAST HALF, BEING MARKED BY HARRISON MONUMENT; THENCE SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 711.95 FEET TO A FOUND 1/2" IRON PIPE; THENCE NORTH 89 DEGREES 59 MINUTES 21 SECONDS WEST, A DISTANCE OF 362.31 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 57 MINUTES 12 SECONDS WEST, A DISTANCE OF 509.91 FEET TO A PO ONCE THE WEST LINE OF SAID EAST HALF, BEING MARKED BY FOUND 3/4" IRON PIPE; NORTH 00 DEGREES 31 MINUTES 07- SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 287.09 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 44 MINUTES 18 SECONDS EAST, A DISTANCE OF 134.10 FEET; THENCE NORTH 01 DEGREE 07 MINUTES 30 SECONDS EAST, A DISTANCE OF 243.39 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PURCHASE PARCEL CONTAINING 12.13 5 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD; THIS DESCRIPTION WAS PREPARED BY AARON BLANK, P.L.S. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON JUNE 06,2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. STATEMENT OF COMMITMENTS: 1. Petitioners agree that there shall be no vehicular or pedestrian ingress or egress to or from the Real Estate being rezoned, the "Real Estate" to Elkins or McErlain Streets. 2. Petitioners agree that there shall be a cross access easement from their Real Estate to neighboring lots #24- 2023 -0548 and 424- 2023 - 0548.01. 3. Petitioner respectfully requests that the entire site be rezoned to CB Commercial Business zoning in order to meet the needs of the current owner and/or contingent purchaser and for purposes of developing a more cohesive site plan. 4. Petitioners agree to restrict the controlled uses, as listed in petition #40 -07 "Commitment Regarding Use and Development of Real Estate" and recorded on October 21, 2005, from locating on the southern 260 feet of described Real Estate. 5. Petitioners agree to restrict the controlled uses on the remainder of the Real Estate as listed in petition 940 -07 "Commitment Regarding Use and Development of Real Estate" and recorded on October 21, 2005, with the following exceptions which petitioner asks to be allowed to be developed on the site. Gasoline Service Station with or without Repair Fast Food / Drive Thru Bar and/or Tavern Retail Improvement Store Billiards Hall 6. Petitioners agree to construct and maintain an earthen mound near and along the southern boundary of the non - residential zoning area where no mound currently exists. However, if the existing mound is removed, a new earthen mound shall be constructed and maintained in its place. All new mounds to be constructed shall be 6 -7 feet tall as measured from the existing ground to the top. Evergreen trees 6 feet in height shall be planted on top of the new mound every 15 feet. The new mound shall be installed during the construction of the first building. 7. No structure, building or sign exceeding 24 feet in height shall be constructed or placed on the southern 150 feet of Real Estate. Lighting on the southern side of any structure within the southern 150 feet of Real Estate shall be cut off type. All parking lot lighting will comply with dark skies recommendations and be constructed so as to not allow any direct rays of light to be seen from the lens in the lighting fixture or the bulb itself from any presently developed adjacent residential properly on the south side of McErlain Street. Lighting on the western side of any structure adjacent to Elkins Street shall be of a cut off type. These CONMUTMENTS shall run with the land, be binding on the Owner of the above - described real estate, subsequent owners of the above - described real estate and other persons acquiring an interest therein. These CONMTMENTS may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition # pursuant to the City of South Bend Zoning Ordinance, and shall continue in effect until: (i) the real estate is rezoned; or, (ii) modified or terminated by the Area Plan Commission of St. Joseph County. These COMMITMENTS may be enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2. The City of South Bend, Indiana; 3. Owners of all parcels of ground adjoining the real estate within three- hundred (300) feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and 4. South Bend City Attorney, Zoning Administrator, appropriate enforcement official, and other specially affected persons designated in such commitments. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition # Petition prepared by: Derek J Spier AICP Abonmarche Consultants L L C. 750 Lincoln Way East South Bend IN 46601. ' IN WITNESS WHEREOF, Owner has executed this instrument this }' day of Oc 2008. (Organization Owner) Douglas Road Yartners, L.P. By Printed Frank Perri Title (Organization Acknowledgment) STATE OF SS- COUNTY OF Before me, allotary Public in and for said County and State, personally appeared NV-- PeRQX , the i 1 rJ4f7-- of , a(n) L, mop PAM-rk fb sH + o , Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this 7 i� day of Oc o 0 2 , 1001 Signature l S Printed �IG,QkK SQ"� "r, M County of Residence <" ,1oSEP� i- liGipmue- WA01MANIA �J ,.q,�ry,��/.., �.c:T l�l :fis�c��t�rt�P+��7.tn t1M My Commission expires: Zs GJC� iY91 0.-C NdtirJ�ii�1 7 2:/�E . if 1.25,2 This instrument was prepared by Derek J. Spier, AICP Abonmarche Consultants L.L.C. 750 Lincoln Way East South Bend IN 46601. . i►i�5 li �te'� attics CCT - CUn 4 JoliN vorRDE '��. CtiY E! ERK, $'J. QEI-A ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District. The south portion of the parcel which has a current tax identification number of 18- 2191 -7192 is a part of the LaSalle . Square area and is currently anchored by the Faith Apostolic Ministries. A northern part of the property which has frontage along Ardmore Trail is proposed to be rezoned to "MF2" High - Density Multifamily District for the development of a multifamily residential development. The development is proposed to be an independent living senior facility. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 11.80 FEET (RECORD); THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE NORTHWEST INTERSECTION OF THE RIGHTS -OF- WAY OF BENDIX DRIVE AND PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68 -69, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 626.58 FEET (RECORD); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68 -69, IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27 SECONDS EAST (RECORD) ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 452.46 .FEET (RECORD) TO THE NORTHEAST CORNER OF PARCEL DESCRIBED IN INSTRUMENT NUMBER 9866002 AS RECORDED IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 418.61 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 0739854 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID INSTRUMENT . NUMBER 9866002 TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 82.88 FEET, A CENTRAL ANGLE OF 33 DEGREES 34 MINUTES 21 SECONDS, AND A CHORD OF 47.87 FEET BEARING NORTH 16 DEGREES 20 MINUTES 20 SECONDS --_WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 48.56 FEET; THENCE NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 76.24 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.974 ACRES, MORE OR LESS. SUBJECT TO RIGHT -OF -WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P.L.S., 4LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE NOTED. ALL RECORD DATA ARE PER A SPECIAL LIMITED WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0256257 IN THE OFFICE OF SAID RECORDER. be and the same is hereby established as "M172" High - Density Multifamily District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Coun41 �ii� �� L�ah85 and �C.� Er- ���.tlaF ; -.�• s,:�.y spin Qi ire s zanu', oeela!'q =� 65:7! p, ea tw3'` e, �Qlla4�l� rs.Zrss�.re � Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of _ ,.2008, at o'clock m• City Clerk Approved and signed by me on the day of , 2008, at o'clock M. Mayor of the City of South Bend, Indiana 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED ?ASSED Filed In Clerk's OffIC8 OCT JOHN VOORDE CITY CLERK, SO. SEND, IN. Date Filed Date received by the Area Plan Commission Application No 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 at: 921 North Bendix Drive, South Bend, IN 46628 2) Name and address of property owner(s) of the petition site: Faith Apostolic Temple, Inc. P.O. Box 3128 South Bend, IN 46628 (574) 288 -3515 3) Name and address of contingent purchaser(s), if applicable: - - - -- - Sterling Development, _LLG ------ - - Attn- John VanMeeter, Director of Development 3900 Edison Lakes Parkway, Suite 201. Mishawaka, IN 46545 (574) 247 -3234 4) It is desired and requested that this property be rezoned from "CB" Community Business to "MFT'Hjgh-Densijy Multi ily District 5) This rezoning is requested to allow the following use(s): Multifamily Dwellings (Independent Living Senior Development) 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 properly kalocation. 'able drawn to scale, which includes street names, printed in 8' /z" x 11" format. PETITION PREPARED BY: Derek J. Spier, AICP 750 Lincoln Way East South Bend, IN 46601 (574) 232 -8700 dspier @abonmarche.com CONTACT PERSON: (If different) Same as Petition Preparer Filed In Clerk's ®ffiC0 OCT - 8 2008 JOHN VOORDE Cf1Y CLERK, SO. BEND, M. LEGAL DESCRIPTION: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 11.80 FEET (RECORD); THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE NORTHWEST INTERSECTION OF THE RIGHTS -OF- WAY OF BENDIX DRIVE AND PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68 -69, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 626.58 FEET (RECORD); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68 -69, IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27 SECONDS EAST (RECORD) ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 452.46 FEET (RECORD) TO THE NORTHEAST - _--=-- CORNER-OF PARCEL- DESCRIBED IN INSTRUMENT- NUMBER- 9866002 -AS- RECORDED IN- THE - == - - -_ OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 418.61 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 0739854 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID INSTRUMENT NUMBER 9866002 TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 82.88 FEET, A CENTRAL ANGLE OF 33 DEGREES 34 MINUTES 21 SECONDS, AND A CHORD OF 47.87 FEET BEARING NORTH 16 DEGREES 20 MINUTES 20 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 48.56 FEET; THENCE NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 76.24 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.974 ACRES, MORE OR LESS. SUBJECT TO RIGHT -OF -WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P.L.S., #LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE NOTED. ALL RECORD DATA ARE PER A SPECIAL LIMITED WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0256257 IN THE OFFICE OF SAID RECORDER. RIed In CIO m's 0frIce OCT - 8 2008 VOORDE irf CtjikLv �Q. BEND STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District. The south portion of the parcel which has a current tax identification number of 18- 2191 -7192 is a part of the LaSalle Square area and is currently anchored by the Faith Apostolic Ministries. A northern part of the property which has frontage along Ardmore Trail is proposed to be rezoned to "MF2" High - Density Multifamily District for the development of a multifamily residential development. The development is proposed to be an independent living senior facility. Filed In GlOrk's Otlice EOCT - 8 2008 sCHFvvO O CITY CLE�:., 018 - 2191- 719203 018 -2219 -8222 018- 21304836 LaSALLE SQUARE ASSOCIATES RICHARD P & MARY ANN WINKEL 1117 N. IOWA LAND TRUST c/o HAMSTRA BUILDERS 1124 RYER STREET 600 WEST JEFFERSON — SUITE 700 12028 NORTH 200 WEST SOUTH BEND, IN 46628 CULVER, IN 46511 WHBATFIELD, IN 46392 018 - 2130 -4834 CARL M. MICHALSKI 1122 NORTH IOWA SOUTH BEND, IN 46628 018 - 2130 -4828 018 - 21304825 JOHN A. & GLADYS E. MILLER 1130 NORTH IOWA STREET SOUTH BEND, IN 46628 018 - 2131 -4880 JOYCE M. FISHER 1121 NORTH KENTUCKY STREET SOUTH BEND, IN 46628 018 - 2131 -4884 KENNETH J. EGMER 3233 ARDMORE TRAIL SOUTH BEND, IN 46628 018- 2130 -4831 CARL M. NIICHALSKI 1122 IOWA STREET SOUTH BEND, IN 46628 018- 2130 -4846 TIMOTHY P. SHARP P.O. BOX 11545 SOUTH BEND, IN 46634 018- 2131 -4885 THOMAS J. NIEDBALSKI, RES. LIFE ESTATE 1107 NORTH KENTUCKY STREET SOUTH BEND, IN 46628 018 - 21304830 018- 2130 -4833 AMANDA HOSTETLER 1125 NORTH IOWA STREET SOUTH BEND, IN 46628 018- 2130 -4847 DEMETRIO MALAGAN & GABRIEL PATINO 3237 ARDMORE TRAIL SOUTH BEND, IN 46628 018- 2130 -4843 018- 2130 -4844 018- 2130 -4845 MAX R. & PAULETTE K. DARRAH PATRICIA J. CSISZAR PABLO & MARGARITA PACHECO 3311 ARDMORE TRAIL 3307 ARDMORE TRAIL 3301 ARDMORE TRAIL SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 018- 2219 -8223 HECTOR MARTINEZ & MARIA PEDRAZA 1120 RYER STREET SOUTH BEND, IN 46628 018 - 2131 -4887 NILA A. SIMMS 2604 ARABIAN COURT APT. 1 -A SOUTH BEND, IN 46628 018 - 2131 -4878 EUGENE & SHARON HARMON c/o LORI HARMON P.O. BOX 35370 SOUTH BEND, IN 46628 018 -2131 -4877 JEFFREY E. HARMON 1124 EAST KENTUCKY AVENUE SOUTH BEND, IN 46628 018 - 2130 -4838 THOMAS PHILLIPS 2020 NORTH MEADE STREET SOUTH BEND, IN 46628 018- 2131 -4888 KAYLA D. HAYES 61 PEARL STREET MELROSE, MA 02177 018 - 2131 -4892 K & B BEVERAGES, INC. 15300 VALENTIA DRIVE GRANGER, IN 46530 018- 2130 -4841 ANGEL GAONA 3319 ARDMORE TRAIL SOUTH BEND, IN 46628 018 - 2191 -7228; 018 - 2190 -7288; 018 - 2052 - 1825;018- 2052 -1825 018 - 2052 -1839 BENDIX CORPORATION JAMES & BENITA HANNAH c/o HONEYWELL, INC., TAX DEPT. 3030 PRAST BLVD. P.O. BOX 4900 SOUTH BEND, IN 46628 SCOTTSDALE, AZ 85261 018- 21314883 BETTY B. KOLLAR 1109 NORTH KENTUCKY SOUTH BEND, IN 46628 018 - 2131 -4889 VILMA ALVAREZ 3213 ARDMORE TRAL SOUTH BEND, IN 46628 018- 21314881 JOSEPH W. GRAFF 1122 NORTH KENTUCKY STREET SOUTH BEND, IN 46628 018 - 2130 -4842 DAVID E. LAX 3315 ARDMORE TRAIL SOUTH BEND, IN 46628 018 - 2189 -7157; 018 - 2053 -1871 BENDIX CORPORATION c/o HONEYWELL, INC., TAX DEPT. P.O. BOX 4900 SCOTTSDALE, AZ 85261 018- 2053 -1909 018- 2053- 187102;018- 2053- 187103 018 - 2053 -1901 YOLANDA D. LOTT & SAINT JOSEPH REGIONAL MEDICAL H 0 EN VO R STREET DAR ENE M. SMITH CENTER 3029 PRAST BLVD. 811 EAST MADISON STREET SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 SOUTH BEND, IN 46617 018 - 2053 -1893 JAMES T. & SHARON LEA WEGNER 3029 HARTZER STREET SOUTH BEND, IN 46628 018 - 2053 - 187101 CITY of SOUTH BEND 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601 018 - 2053 -1885 JOSE & GRACY THOTTICHIRA 50747 REGENCY PARK DRIVE GRANGER, IN 46530 018- 2191 - 719204_ - - - -- - - - -_ -- — — - -- - SUPERCLEAN CORPORATION F:\Projects\M8- 0757\Labels w -TAX ID.doc 5222 WESTERN AVENUE SOUTH BEND, IN 46619 Filed In Clerk's Office OCT - 8 2008 14 VOORDE CITY CLERK, S0. BOND, IN. 018- 2191- 719201 018 - 2054 -1952 018- 2191- 719205 ST. VINCENT DEPAUL SOCIETY of LAURA SYKES RAMADAN A. & TAMILYN SALAMEH ST. JOSEPH COUNTY 3029 BONDS AVENUE 5811 STERLING DRIVE —SUITE 10 P.O. BOX 1438 SOUTH BEND, IN 46628 GRANGER, IN 46530 SOUTH BEND, IN 46624 018- 2054 -1930 018 - 2054 -1944 018- 2191 - 719206 VALLEY AMERICAN BANK & TRUST GMAC MTG., LLC ST. JOSEPH COUNTY PUBLIC LIBRARY c/o NATIONAL CITY 1100 VIRGINIA DRIVE 122 WEST WAYNE STREET 101 WEST WASHINGTON — SUITE 300 E FORT WASHINGTON, PA 19034 SOUTH BEND, IN 46601 INDIANAPLIS, IN 46255 018- 2191 - 719204_ - - - -- - - - -_ -- — — - -- - SUPERCLEAN CORPORATION F:\Projects\M8- 0757\Labels w -TAX ID.doc 5222 WESTERN AVENUE SOUTH BEND, IN 46619 Filed In Clerk's Office OCT - 8 2008 14 VOORDE CITY CLERK, S0. BOND, IN. -2191 /9.02 5.:2(;4t —� 3 0 ;o Q 1. V � n ,:14 �� I I I I l I I I I IN Ie I ml i MI .1 l 1 I 18� 2 7192.0/ 1 i I � I v 44$0 " 1,193 �1 .: w 4883 �l o- X18 (1 m TR' 7 ° (00 *�10 40 r X31 / 1q4 1L 7/92.03 V m P .80 ` FT. -tlg2 I 719:. a.eac I � I 1 ,I I . I ARn es I GB6.58 IS T- PORTAGE E. I/?- N.E. 1/4 S E C. 4 TW P. T. 3 7 N. R.2E. il I M 7/9.2.04 v .84 7/92.05 .632 aSy �., cn n, co ° _N u ra �l 1 �~ m v � lv G REVISED [[[� Q0 RoWsed Copydghl ZDO2 % Copyrl0ht Ise? ^� THE SIDWELL COMPANY z 8-4D "`� n X11 P M w to -�s�• Z w / W O m W o 19 MJn y l 1 �c 1 7/92.06 9--6 j 1.067+ I jl ARD (,q.sA.��� t3,QaNC.H i li Q 1. V � n ,:14 �� I I I I l I I I I IN Ie I ml i MI .1 l 1 I 18� 2 7192.0/ 1 i I � I v 44$0 " 1,193 �1 .: w 4883 �l o- X18 (1 m TR' 7 ° (00 *�10 40 r X31 / 1q4 1L 7/92.03 V m P .80 ` FT. -tlg2 I 719:. a.eac I � I 1 ,I I . I ARn es I GB6.58 IS T- PORTAGE E. I/?- N.E. 1/4 S E C. 4 TW P. T. 3 7 N. R.2E. il I M 7/9.2.04 v .84 7/92.05 .632 aSy �., cn n, co ° _N u ra �l 1 �~ m v � lv G REVISED [[[� Q0 RoWsed Copydghl ZDO2 % Copyrl0ht Ise? ^� THE SIDWELL COMPANY z 8-4D 1222 S. MICHIGAN STREET SOUTH BEND, INDIANA 46601 -2821 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR SOUTH BEND FIRE DEPARTMENT Mr. Tim Rouse Common Council County City Building South Bend, Indiana Dear Mr. Rouse: 46601 HOWARD W. BucHANON FIRE CHIEF October 20, 2008 PHONE 574/ 235 -9255 FAx 574/235 -9305 TDD 574/ 235 -5567 Red In lcrliC's 0 �a$C� E0 o".111 2 3 2008 vaoazf. CITY CLERK, SO sF "IQ, IN. Please find attached for filing an Ordinance requesting an appropriation for $73,382.00 within the Emergency Medical Service Capital Improvement Fund #288. The purpose of this request is to appropriate funds from a U.S._Department Homeland Security Assistance to Firefighters grant which was awarded to the City's Fire Department. This grant was awarded for a South Bend Fire Department firefighter computer based training program which will provide computers for all eleven fire stations along with other hardware and software which will allow firefighters to train on a computer at their station at any time. The grant's approved project costs total is $73,382.00. The federal share is 80 percent $58,706.00 of the approved amount and the city of South Bend Fire Department's share of the cost is 20 percent or $14,676.00. Funds are available and l respectfully ask your approval of the request. Assistant Chief of Services Mark Nowicki will make the presentation of this ordinance to the council. 4iincerely, oward W. Buchanon re Chief JAMES LOPEZ FEDERICO RODRIGUEZ,,JR MARK M. NowICIa STEPHEN E COX ASST. CHIEF OPERATIONS ASST. CHIEF FIRE PREVENITON ASSISI'. CHIEF SERVICES ASST. CHIEF EMS ORDINANCE NO. �0 �-� -o � AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $73,382.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND NO. 288 FOR THE PURCHASE OF COMPUTERS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT STATEMENT OF PURPOSE AND INTENT The U.S. Department of Homeland Security awarded the City of South Bend Fire Department a grant of $73,382.00 to provide computer based training. The grant funds will be used to obtain computers for all of the Fire Department's eleven stations along with other hardware and software. The City of South Bend is required to contribute 20% of the total project cost, or $14,676.00, and the U.S. Department of Homeland Security is contributing the remaining 80% of the cost, or $58,706.00 == =NOVP-, THEREFORE; -BE IT ORDAINED by =the Corrmniur Council -of --the- Gity- of- South -- Bend, Indiana: Section I. The sum of $73,382.00 be and hereby is appropriated from Emergency Service Capital 1mprovement Fund No. 288 for the purpose of purchasing computers and other hardware and software to be used by the South Bend Fire Department pursuant to a U.S. Department of Homeland Security grant, of which 80% ($58,706.00)is the federal share and 20% ($14,676.00) is the City of South Bend's share. 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. Attest: City Clerk Member of the Common Coun it SfiF%;iA i?i 6➢7 °GJ 'iii =? Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at a o'clock- .m. City Clerk Approved and signed by me on the day of 2 , at o'clock, .m. Mayor, City of South Bend, Indiana ��3c� In {drk's office 1 st Rf:AD{NG 0 C 2 2 20 "S d0lin 1v'00RQE CITY CLEM S0. BE!l IN. PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED 1200 COuNw -CITY BUILD114G 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 & Ec(QNom4,QcDEVELOPMENT Mr. Timothy Rouse President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Rouse, JEFFREY V. GIBNEY EXECUTIVE DIRECTOR 6a� Ig). The attached bill for Council consideration and approval will appropriate $2,261,981 in 2009 Community Development Block Grant (CDBG) funds. This action complements the - -= transfer -of- 495-, 000 =in-reprograim and — and- #ogetlier they allocate =riew= funds =in= accordance -- - -- with the 2009Action Plan of the Housing and Community Development Plan. As was discussed with the Community & Economic Development Committee on October 6th, the 2009 HCD Action Plan was the subject of a 30 -day public comment period that began September 26, 2008 and expired October 29, 2008. In addition, the 2009 HCD Action Plan was the subject of two public hearings held on October 9, 2008. Comments received during the comment period and public hearings were taken into consideration in developing the final 2009 HCD Action Plan. Should there be any questions on this bill please contact me at 235 -5845. Jeff Gibney or I will be present to address this issue at the November 10th meeting. Thank you. Sinc ely, Pamela . Meyer Director cc: Jeff Gibney John March Judy Rosheck Filed In ClerW!S Off iee OCT 2 2 2008 JOriZS VQCFtDE CITY CLERK, So. BEND, IN, COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZA13ETH LEONARD FAY: 5741235 -9697 574/235 -9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $2,261,981 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Purpose and Intent: The government of the City of South Bend, in partnership with the City's private sector and residents, is committed to the goal of improving the quality of life in the City, its neighborhoods, and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of Community and Economic Development, will apply for and anticipates receiving on or about January 1 -2009 the approval of the Ui ifed States Departrnent of-Housing and�Trban Development to expend $2,261,981 in the execution of certain housing rehabilitation/assistance, code enforcement, public improvement, neighborhood development, public service, and general program planning and development activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $2,261,981 is hereby appropriated for the program year starting January 1, 2009, for the City of South Bend's Community Development Block Grant Fund (Program Year 2009). The appropriation shall be used as approved by the United States Department of Housing and Urban Development under Title Twenty -four (24) of the Code of Federal Regulations, Part Five Hundred and Seventy (570) for the Community Development Program Year 2009. This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2009 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions: B- 09MC -18 -0011 Community Development Program Housing Development Corporation - REWARD 40,000 South Bend Heritage Foundation — Washington/Dunbar rental rehab 250,000 South Bend Heritage Foundation - Colfax Campus Improvements 56,250 South Bend Heritage Foundation - NNRO Program Delivery 75,000 93,000 Near Northwest Neighborhood - Community Building Near Northwest Neighborhood - Program Delivery 30,000 Near Northwest Neighborhood - Revitalization Program 340,625 Code Enforcement - Vacant& Abandoned Bldg. Demolition Program 350,000 Code Enforcement - Demolition Program in NRSA 126,000 300,000 Community Homebuyers Corp.- Forgivable Second Mortgage 33,401 Community Coordinated Child Care- Subsidy Program YWCA - Neighborhood Outreach 36,634 REAL Services - Older Adult Crime Victims 6,465 REAL Services - Guardianship Program 6,465 24,244 FCC Counseling & Development Services - Therapeutic Services South Bend police Department - Neighborhood Foot Patrols 67,500 South Bend police Department - Neighborhood Watch Program 21,551 Boy's & Girl's Club - Youth Development 21,551 40,000 Habitat for Humanity - Cleveland Rehab Division of Community Development - SB Home Improvement Program 321,295 ------------- LaCasa de Amistad - _Community_Outreach Ser_v_ices - -- — - - outh end human Rights Commission = Fair Housing Activities -- 7000 - -- TOTAL $2,261,981 SECTION U. No costs will be incurred or funds expended for any of the activities addressed in this ordinance prior to completion and subsequent certification of the Environmental Review Process specified in Title Twenty -four (24) of the Code of Federal Regulations, Part Fifty Eight (58) containing the Environmental Review Procedures for the Community Development Block Grant Program, and an official release of funds received from the United States Department of Housing and Urban Development. 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 Cou cil Attest: and City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock •rn• Approved and signed by me on the at o'clock _.m. 1 sf READINd PUBLIC HEAR11W. 3 rd READING NOT APPROY;D REFERRED PASSED _ City Clerk day of 20_, Stephen J. Luecke, Mayor Filed In ClcrWs 041fgce OCT 2 2 ZOOS JOH14 VSO RD Ft), lld. CITY CLERK, 1200 COUNTY-CrrY BUILD114G 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDLSNA 46601 -1830 PHONE 574/235 -9371 FAX 574/235 -9021 TDD 574/ 235 -5567 C= OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT .JEFFREY V. GIBNEY EXECUT Oc ober 20, 2008 Rev. Timothy Rouse �! President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Rouse: The attached bill for the Council's consideration and approval will appropriate $118,833 in 2009 Emergency Shelter grant (ESG) funds as park of the 2009 Action Plan of the 2005 -2009 Housing & Community Development Plan. As the Council will recall, the proposed allocation of funds was discussed at the Community &Economic Development Committee meeting on October 6, 2008 and made public for the 30 day conunent period beginning September 26, 2008. The Plan was also the subject of two public hearings on October 9, 2008. Should there be any questions on this bill please contact me at 235 -5845. Jeff Gibney or I will be present to address this at the November 10th meeting. Thank you. Sincer y, Pamela C. Me er Director cc: J. Sellers fiSITY Clews ce, J. March J. Gibney IN. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MAN'A'GEMENT ,f 574/235 -9660 5741235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 V ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,833 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver service to homeless individuals within our community, the City of South Bend received funds from the U.S. Department of Housing and Urban Development for the delivery of such services through various sub - grantees. The funds appropriated in this ordinance will aid in defraying the costs of shelter operation and maintenance and in providing essential services and assistance in homeless prevention. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: -- Section -I The- Surn -of$ 118, 833 _is_hereb_y- appzop- 'iated_in- fund- 212- and- allocated____ —_ among accounts as set forth below. This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2009 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions in 2009: PROJECT NUMBER DESCRIPTION AMOUNT JES 09 -1 Center for the Homeless $32,096 JES 09 -2 AIDS Ministries /AIDS Assist 15,440 JES 09 -3 Youth Service Bureau 26,325 JES 09 -4 YWCA 44,972 TOTAL $118,833 Section II. No costs will be incurred or funds expended for any of the programs addressed in this ordinance prior to completion and subsequent certification of the Environmental Review Process specified in Title Twenty -four (24) part Fifty -eight (58) of the Code of Federal Regulations, containing the Environmental Review Procedures for the Emergency Shelter Grants Program, and the receipt of an official release of funds from the U.S. Department of Housing and Urban Development. 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 Member of the Common Counci\ ids F'1nd oil U0 Presented by me to the Mayor of the City of South Bend, Indiana on the ___day of 7 2-, at o'clock . M. Approved and signed by me on the day of 2 , at o'clock . . M. I ST UADIN(j PUBLIC HEARNO 3 rd READING NOT APPROVED REFERRED PAVGFn Mayor, City of South Bend, Indiana Filed ln-Clerle.'s 0.fface OCT 2 19 20+�`Oj JOW4 VOMC 5� CITY CMA, M 3EN-[), K 1200 Cowry-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT Rev. Timothy Rouse President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Rouse: JEFFREY V. GIBNEY ExEc=T E DIREcTox October 20, 2008 The attached bill for the Council's consideration and approval will transfer $495,000 in Community Development Block Grant (CDBG) fiends as part of the 2009 Action Plan of the 2005 - 2009 Housing & Community Development Plan. As the Council will recall, the proposed allocation of funds was discussed with.the Community & Economic Development Committee on October 6, 2008, and made public beginning September 26, 2008 for a 30 -day public comment period. The plan was also the subject of 2 public hearings on October 9th. This bill is a companion to the CDBG general appropriation bill of $2,261,981 also filed today. Should there be any questions on this bill please contact me at 235 -5845. Jeff Gibney or I will be present to address this issue at the November 10`h meeting. Thank you. .r Sinc y, Pamela C. Mey Director cc: John March Judy Rosheck Jeff Gibney COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 574/235 -9660 574/235 -9371 FAX: 574/235 -9697 4&-t Filed in � �te�is otttce 0C i 2 2 2008 JOAN VOO�it3E CLEt°, + "0 8Eo, tN. CI `t FINANCLIL 8L PROGRAM MANAGEMENT ELIZABETH LEONARD O V 5741235 -9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $495,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Statement of Purpose and Intent: In order to assure the efficient and timely utilization of Community Development Block Grant Funds in accordance with the community's Housing & Community Development Plan, transfers are needed: NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $495,000 is hereby transferred among accounts within Fund 212 as set forth below. This appropriation shall be administered by the Department of Community and Economic Development and its subgrantees, in accordance with the 2009 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions: --- _- - - " - " "- CD06 — 8107 REWARD 15,686 CD06 - 8104 CHC 2,171 4,269 CD07 — 8113 Rebuilding Together CD07 — 8100 Program Delivery 93,791 CD05 - 8141 NPC PW 18,148 CD06 - 8141 NPC PW 92,684 CD07 — 8141 NPC PW 203,139 23,850 CD07 — 8134 Indiana Plan 13,281 CD07 — 8170 SBPD Neighborhood Watch CD07 — 8171 SBPD Foot Patrol 48 2007 — Excess Program Income 27,933 $495,000 Total . Increase the following: Amount 2009 Rebuilding Together, Inc. 125,000 2009 Near Northwest Neighborhood, Inc.- Administration 80,400 2009 South Bend Heritage Foundation, Inc -. Administration 140,895 2009 Community Development Division — SB Home Improvement Program 148,705 Total 1 $495,000 SECTION II. This Ordinance shall be in frill force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Counci 9,'.: +. ,.. a is c -`•, `:c12 v �. �•s�s�f:. and 0sGllv4i c1clti0n tip 4 is Issue, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock m. City Clerk Approved and signed by me on the day of , 20_, at o'clock m. Stephen J. Luecke, Mayor 1 st READIlJG' PUBLIC HEARIN15 s rd READING NOT APPROVEb REFERRED SASSED, Filed in Clare's Office OCT 22 JOHN WGRILIE clw CiE",i�, so. mla,1% 1400 Co=-Crnr B=INc 227 W. JEFFERSON BOULEVARD SOuTH BEND,INDV+NA 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 CnYATroRNEY CHIEF ASSISTANT CrrYATTORNEY October 20, 2008 Mr. Timothy Rouse President, South Bend Common Council 4a' Floor, County -City Building South Bend, IN 46601 Re: Fee Ordinance Dear President Rouse: Periodically the City reviews fees which it charges to reflect its increased costs. When setting these fees we are constricted by various statutes. The two most pertinent are the Indiana Access to Public Records Act (I.C. 5 -14 -3) and the general restrictions on Home Rule powers found in I.C. 36- 1 -3 -8. Subsection (6) of the latter prohibits any municipality from imposing a service charge or user fee "greater than reasonably related to reasonable and just rates and charges for services. The former applies only to public records but sets an even lower bar .by specifically excluding labor costs from any fees charged for public records. In addition, many other specific statutes either absolutely set or limit the amount the City can charge. The Summary Report fee has not been changed since the year 2000. This is not a public record because it does not exist until requested. While the City would be justified in charging $9.00 in all cases based upon the increased labor cost involved, two tiers of charges are recommended, with no increase in the charge made to the victim of the crime. The Crime Statistic compilation fee has also not been changed since the year 2000. Again, this is not a public record, because it does not exist until requested. Beginning with the motor and recreational vehicle inspections, I.C. 9- 29 -4 -2 limits the amount of a motor vehicle inspection fee to $5.00, even though the cost to the City is greater. In accordance with the statute, the City will continue to offer the opportunity to inspect these motor and recreational vehicles at the Police Station for $5.00. However, if the patron requests that the inspection occur away from the Police Station for his/her convenience, we are adding a second charge, the cost of the police officer traveling to the location. For inspections away from the Police Station, there is a distinction between motor vehicle inspections and rebuilt salvage inspections' *: This distinction and the corresponding fees are based upon the fact that rebuilt salvage inspections require considerably more time by the police officer. THOMAS L. BODNAR CHERYL A. GREENE ANN -CAROL NASH .JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN OP. `� " Mr. Rouse Page 2 October 20, 2008 Limited Criminal History is another area controlled by statute.. While I.C. 10- 13 -3 -30 sets the specific amounts for two of the three categories, I.C. 10- 13 -3 -31 only says that the fee for the subject of the Criminal History should be "reasonable." Although a higher amount might be justified, it probably would probably not be reasonable to charge the subject more for his or her Limited Criminal History than a stranger would be charged for it. Since the postage was not generally put on after the package /envelope was sent to a central location, it was not possible to bill for the exact postage. The revised Item 18 is based upon an average cost. Last year the State of Indiana for the first time made available a lifetime handgun license. The $50.00 fee is allowed in that statute. The refund applies only if the license is denied. The CPAT testing that is offered to other Fire Departments has been increased. It has been four years since this fee was checked and the labor costs involved have risen by approximately 9 %. I have been advised that we have never sold copies of fingerprints. However, we do occasionally fingerprint individuals, but we have not established a charge. The amount set is based upon the fact that it takes approximately 1/3 of an hour for a police officer to take the fingerprints and also covers the cost of materials used. The final item are signs which the Police Department makes up when requested for individuals or businesses concerning trespassing. These are not subject to the public records statute and differ in price according to our cost. I will be the primary representative at any hearing in presenting this Ordinance to the Council. TLB /cw Very truly yours, Thomas L. Bodnar Assistant City Attorney Filad in ctic -face OCT 2 2 2008 JQ;st; UG7P�E CITY CLERK, SO, E+u.IM, M- ORDINANCE NO. -08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES STATEMENT OF PURPOSE AND INTENT In 2000 the City of South Bend enacted an Ordinance establishing fees for various reports and documents of the City of South Bend, These fees should be and have been reviewed and adjusted periodically to reflect increased costs of the production of these documents and other services. I.C. 36- 1- 3- 8(a)(6) gives the City the authority to set fees providing they are "reasonably related to reasonable and just rates and charges for services." These changes reflect those adjusted costs and establish costs for other services. This Ordinance establishes a higher fee for color photo copies and raises the fee for clerk certifications, finger prints, and motor vehicle accident reports. I.C- 5 -14 -3- 8 was amended effective July 1, 2007 and now authorizes a certification fee of up to $5.00 and a color copy fee of up to $0.25, both of which are included in this ordinance. The other changes reflect increased costs. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of South Bend as follows: Section I. Chapter 2, Article 18, Section 2 -210 of the Municipal Code of the City of South Bend is hereby amended to read in its entirety as follows: (a) The following. reasonable fees are established, to be paid by the requesting party not later than the time of delivery of each of these services or each of these documents described: Each page of any document which is a Public Record under I.C. 5- 14 -3 -2 which is not excepted from disclosure. (a) non -color photo copy $0.10 (b) color photo copy $0.25 2. Motor vehicle accident reports. $8.00 3. Police Summary Report (a form of report which Photographs: does not exist as a record prior to public request and is not explicitly mentioned in this section) $5-.00 a. Victim $5.00 b. All others $8.00 4. Police Department Crime Statistic Compilation (A form of report which does exist as a public Outside resources (plus outside cost) record prior to public request) X00 $8.00 5. Audio Tapes or CDs, per4ape item $5-.00 15.00 a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources $2.00 (plus outside costs) $6.00 6. Photographs: a. Those reproduced by the City of South Bend from its negatives (no larger than 8" x 10 "). $1.00 b. Enlargement of Polaroid or reproductions requiring Outside resources (plus outside cost) $2.00 7. Cep-ies -e€ Fingerprints in an Individual. $5-.00 15.00 8. Arson Reports. $25.00 9. Blueprints, per page $6.00 10. Videotapes or DVD , per -t-ape item a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources $2.00 (plus outside costs) 11. meter Data Discs, per disc $3.00 12. Maps, per square foot of paper $1.00 13. EMS Report $15.00 14. Motor or Recreational Vehicle Inspection and Rebuilt Salvage Inspection $-5 W a Occurring at the Police Station $5.00 b Vehicle Inspection Occurring away from the Police Station $30.00 C. Rebuilt Salvage Inspection Occurring away from the Police Station $50.00 15. Limited Criminal History Reports a. Request to process Limited Criminal History $3.00 b. Request from the subject for a copy of his/her Limited Criminal History $5.00$7.00 C. Copy of Limited Criminal History on another person $7.00 However such request shall be provided free if mandated by I.C. 10 -13 -3. 16. Processing Request for Limited Juvenile History $5.00 17. Providing Materials Other Than Public Records Requests $10.00 plus Unless Falling into Other Specific Categories $0.10 per page; $15.00 per tape; $15.00 for first photograph and $5.00 for all others 18. Requested Mailing of Public Records $1.00 Pestage a. Standard Business Size or Smaller Envelope $2.00 b Manila Envelope 9" x 12" or. Larger $3.00 C. Package $5.00 19. Handgun License Application, Subject to Refund per I.C. 35- 47 -2 -3 W.00 a Yearly Handgun License Application $10.00 b Lifetime Handgun License Application, $50.00 20. CPAT Testing Offered to Other Fire Departments a. Set Up and Break Down Costs $640.00 $700.00 b. Training Session Conducted by SBFD $320.00 $350.00 C. Testing Conducted by SBFD $40.00 per $45.00 applicant 21. Processing Fee for Police Department Tow $500 $10.00 22. No Trespass Signs a. Laminated 19" x 26" $ each $6.00 each .00 b. Laminated 14" x 22" $6 C. Metal 18" x 24" $35.00 each (b) Where documents in any one (1) request exceed ten (10) pages and for requests of items 2 through 12, inclusive, the City may require payment by the purchaser in advance of the City's production of the record. (c) If an individual wishes to have any records certified by the City Clerk or any employee of the City of South Bend, there shall be a two five dollar charge .for the certification in addition to the charges, if any, set forth in the above subsection (a). (d) Any fees collected pursuant to this section by the South Bend Police Department shall be deposited into the Law Enforcement Continuing Education Fund for training supplies and equipment with all interest earned on the monies deposited in said fund be retained therein. (e) Any fees collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S. capital fund for capital purchases and leases of E.M.S. equipment, firefighting equipment and fire station and fire station repairs as further addressed in § 9 -17 of the South Bend Municipal Code. Section II. This Ordinance shall be in full force and effect from and after the date of its passage by the Common Council, approval by the Mayor and legal publication. Attest: City Clerk Member, South tend Common Co ncil �SrtR p „���iiL�Ei J Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Bend, Indiana F:\ DATA \SHAD.M Legal \Wpdata \TBodnar\Ordinances \Fee Adjustments Final Rev 102008.doc 1 st RtADI `d PUBLIC HEARIRO 3rd READING NOT APPROVO REFERRED PASSED t �.• 4 Rule tea � M�a s+ Of f icra Cf `f CLCRK, hC. 804€3,1N. 1400 COUNTY -CITY Bun.DING 227 W. JEFFERSON BOULEVARD SOUTH BEND,INDrANA 46601 -1830 NioNE 574/ 235-9241 FAx 574/235 -9892 TDD 5741235-5567 CITY OF SOUTH BEND. STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADEAN M. DEROSE CITY ATTORNEY CHIEF ASSISTANT CITY ATTORNEY October 20, 2008 Rev. Timothy Rouse South,Bend Common Council Fourth Floor, County -City Building South Bend, Indiana 46601 Igo. RE: An Ordinance of the Common Council Amending Chapter 5 of the Municipal Code to Adjust Fees Related to Animal Care and Control Dear Rev. Rouse: Attached for filing with the South Bend Common Council, is a proposed ordinance to adjust the fees to cover the-City's costs in providing Animal Care and Control Services. Catherine Toppel or Gary Libbey will present the proposed ordinance to the Council at the Committee and Common Council meetings. I respectfully request your favorable consideration of this proposed ordinance. If you have any questions in this regard, please do not hesitate to contact me. cc: C. Toppel Enclosure Sincerely, Ann -Carol Nash Assistant City Attorney Hied In �: `_ `' Office (I- _ ? 61008 CIV UF: JK, S0. LEND, IN. 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 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES RELATED TO ANIMAL CARE AND CONTROL STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 5 of the South Bend Municipal Code, to adjust fees for City services related to Animal Care and Control. The Common Council of the City of South Bend determines that the current fees related to Animal Care and Control, enacted in 1996, should be adjusted to reflect the current cost of providing services to owners of animals within the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION, I. Chapter 5, Article of the South Bend Municipal Code, to read as follows: Sec. 5 -27. Licensing. 4.5, Section 5 -27, subsection (b) shall be, and hereby is, amended (b) The owner of an American Pit Bull Terrier or other dangerous animal shall apply to the Department of Code Enforcement Animal Control Division or the City's duly authorized third party for licensing of said animal. The application shall be on a form provided by the eity eontroiier's office Department of Code Enforcement, Animal Control Division or the City's duly authorized third party and shall be accompanied by al of the following: (1) Verification of the owner's name and current address by way of providing a photostatic copy of his or her driver's license. (2) Proof that the applicant owns said animal, and is eighteen (18)' years of age or older. 1 months. An exception is certifies that the animal operation within the time ,only made if a licensed veterinarian is physically unable to undergo such an limitations. (b) All impounded dogs or shall be permanently identified microchip, at the expense of the cats which will become adopted at the time of adoption with a new owner. (c) The Department of Code Enforcement shall be responsible for maintaining records of adopted animals and for enforcing the provisions of this section. The owner of an animal who surrenders the animal to the City or its designee shall pay the costs incurred by the City or its designee in accepting the surrendered animal. (e) The City shall charge the following fees for performing the following services related to animal identification, boarding,,_ care adoption and surrender:_ Adoption of dog Adoption of cat Pick up surrendered animal Microchip Euthanasia Veterinarian Spay/neuter surgery Surrender Boarding (per day) 75.00 60.00 10.00 10.00 20.00 Cost of veterinarian fees 75.00 20.00 20.00 SECTION III. Chapter 5, Article 6, Section 5 -33, subsection (h) of the South Bend Municipal Code shall be and hereby is, amended to read as follows: Sec. 5 -33. Impounding Procedures. (h) An owner redeeming an impounded licensed animal, or---an animal not required to be licensed unde-L ti-lis ahapte-r-, shall pay no redemption fee to the city or its designee on the first occasion of any animal belonging to that owner being impounded, before such animal is released to the owner by the animal control agency. An owner redeeming a licensed impounded animal, licensed- taider this chapter, shall pay to the City or its designee a redemption fee of ten twenty dollars ($10.00 20.00) on the second occasion that an animal belonging to that 3 individual is impounded, before such animal is released to him by the animal shelter. An owner redeeming an impounded animal which is required by this chapter to be licensed but which was not licensed at the time of the impoundment shall pay to the city or its designee a redemption fee of twenty thirty dollars ($2e -9$ 30.00) before such animal is released by the animal shelter.' The redemption fee for any impounded animal shall increase.by an additional fifty dollars ($2-5.ea) per impoundment for each subsequent time within a t-h� twelve -month period that the same or any other animal belonging to the same owner may be impounded. SECTION IV. Chapter 5, Article 8, Section 5 -47 of the South Bend Municipal Code shall be and hereby is, amended to read as follows: Sec. 5 -33. Fees. (a) Application for all licenses or permits required by this chapter may be made with the City Controller or h+s designee, or by mail, and shall include name, address of applicant, type or permit applied for, number and description of animal(s), proof of rabies vaccination, information regarding sterilization, and appropriate fee. (1) All applicants must be in compliance with zoning and all other applicable state or local laws, and shall not have been convicted of any of the cruelty to animal offenses set forth in IC 35- 46 -3 -3 et seq. , within the past twelve (12) months. (2) Those permits that require prior inspection will not be issued until proof of such inspection is made available to the City Controller or his designee by the inspecting agency. (b) Licenses and permits required by this chapter are to be issued for a term of one (1) year effective from the first day-_-D-f- February date of the pet's rabies vaccination and shall remain valid through midnight of the same date lazrt—day of the following d7arnzary year, inclusive--,. and inay be purchased durilill Lhe_ February- and Mam-ah--�7r Licenses for new pets. shall be obtained within 30 days of acquiring the animal, whichever ' te_- Applicants for licenses that are not renewed within thirty (30) days of expiration will be required to pay an additional five.dollars ($5.00) as a late fee for each 4 license or permit - required; provided, however, that circuses, carnivals, performing animal acts, or exhibitions shall be exempt from the late fee. (c) Upon approval, the City Controller or designee shall issue a license or permit in written form which includes number of license or permit, type of license or permit, and all pertinent information. In addition, the City Controller or hi-E� designee shall issue a durable tag stamped with license number and year of issuance for each pertinent license. (d) The City Controller or h-is designee shall maintain records of all licenses and permits issued pursuant to this chapter. (e) All license or permit fees shall be paid at time of application, and prior to the issuance of the permit or license. SECTION V. Chapter 5., Article 8, Section 5 -47 of the South Bend Municipal Code shall be and hereby is, amended to read as follows: Sec. 5 -47. Fees. (a) In addition to all other fees required by law to be paid, dog and cat owners shall pay the following annual fees, and receive a tag verifying that their cat or dog has been properly vaccinated pursuant to this chapter: Each altered dog or cat .......... $5.eE) 15.00 Each unaltered dog or cat ........ le-Oe Replacement tag .................. 5.00 Providing Ea-ch dog or cat d with a microchip ................. 20.00 For each dog or cat which has a microchip, the costs shall 5 25.00 be as follows: Each altered dog or cat Each unaltered dog or cat Replacement tag 4$e 10.00 7-. 15.00 5.00 Pet owners who are sixty -five (-5 65) years or older and disabled persons utilizing a dog or cat shall pay a discounted cost of five dollars 5.00 less than the amount of the annual fees listed for each t or dog which has been microchipped. (1) Application for a pet registration must be made within thirty (30) days of acquiring a dog over the age of six (6) months, or within thirty (30) days of the date in which a puppy or kitten attains the age of six (6) months. (2) This requirement will not apply to non - residents keeping an animal within the City for not more than thirty (30) days. (3) Failure to comply with the provisions of this section shall subject the owner of said dog and /or cat to being issued an ordinance violation citation subjecting the owner to a fine set forth in section 5- 49(d). (b) Pet shop permit: Fee $140.00 (1) Permit will be issued after inspection approved by Code Enforcement Department or its authorized agent and verification of the same submitted to the Controller's Office. (c) Circus and carnival permits: Fee .............................. As set forth in section 4 -22. 7 SECTION VI. This ordinance shall be in full force and effect on January 2, 2009. Attest: City Clerk Member of the Common C uncil f1), 9 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 at o'clock m. Mayor, City of South Bend, Indiana 1 st READ9tiG L 0 -Q PUBLIC HEARING 3 rd P.EADING NOT APPROVED REFERRED PASSED 7 . 2008 Filed 11, Clerk's 0jace E-,r,-,r '; ') �nnp, I 'Ovid WORDS -BEN-2, IN. CITY CL..RK, 1400 CouNTY -Cm BUII.DING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 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 CITYATroRNEY CHIEF ASSISTANT CITYATTORNEY October 20, 2008 Rev. Timothy Rouse South Bend Common Council Fourth Floor, County -City Building South Bend, Indiana 46601 RE: An Ordinance.of the Common Council Amending Chapter 20 of the Municipal Code to Adjust Fees for Removal and Storage of Abandoned Vehicles Dear Rev. Rouse: Attached for filing with the South Bend Common Council, is a proposed ordinance to adjust the fees to cover the City's costs in removal and storage of abandoned vehicles. Catherine Toppel or Gary Libbey will present the proposed ordinance to the Council at the Committee and Common Council meetings. I respectfully request your favorable consideration of this proposed ordinance. If you have any questions in this regard, please do not hesitate to contact me. Sincerely, / �-�G� �" Ann -Carol Nash Assistant City Attorney cc: C. Toppel Enclosure . H: \wpdata \CODE \letter forwarding ordinance abandoned vehicles.wpd Filed !n Clerk's Offte OCT 2 2 2008 CITY -LERK, F;0. BETUD, 94. THOMAS L. BODNAR CHERYL A. GREENE ANN -CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN 61 OK ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR REMOVAL AND STORAGE OF ABANDONED VEHICLES , STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 20 of the South Bend Municipal Code, to adjust fees imposed for City services related to removal and storage of abandoned vehicles. The Common Council of the City of South Bend determines that the current fees related to removal and storage of abandoned vehicles should be adjusted to reflect the current cost of providing such services within the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 20, Article 3, Section 20 -29, subsection(g) of the South Bend Municipal Code, shall be, and hereby is, amended to read as follows: Sec. 20 -29. Procedure for notice, removal and disposal of abandoned vehicles; fees. (g) Fees: In accordance with this article the owner shall be charged a fee for the towing and storage of his vehicle. The fee for towing vehicles pursuant to this section shall be reven -ty ninety dollars ($70.69 90.00). The fee for storage of vehicles pursuant to this section shall be tern fifteen dollars 15.00) per day. The cost for removal and storage of an abandoned vehicle not claimed by the owner or lien holder shall be paid from the abandoned vehicle fund. The charges fixed by the City for towing and storage of abandoned vehicles shall be filed with the Bureau. Proceeds of the sale of an abandoned vehicle shall be credited against the cost incidental to the removal, storage and disposal of the vehicle. All proceeds from the sale of an abandoned vehicle, 1 including charges for bill of sale, and all monies received from owners or lienholders for the cost of removal or storage of vehicles, shall be deposited with the City controller and placed by him in the abandoned vehicle fund. All costs incurred in the administering of this article shall be paid from the abandoned vehicle fund. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor, and publication as required by law. Attest: City Clerk —Vl-�A-- & Az-x-1- k±—= Member of the Common &ouncil 1.01111 t_;'i `r-q �. rl'<t "�,^a'i'i. �'a qq��',•.4:: -..f � aw.e 6e 6 v'^, � 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 at o'clock _.m. Mayor, City of South Bend, Indiana 1 st READING PUBLIC i-IEAP.ING 3 rd READING NOT APPROVE© - REFERRED PASSED 2 Hod In ClerWs Office G CT 2 2 2008 JOsi`V �fv�(i�� CIT{ CLERK, FQ. "aE10, iii. anch, Harner & Associates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners Honorable Members of the City of August 24, 2008 South Bend Common Council 4th Floor County -City Building South Bend Indiana 46601 RE: Special Exception Petition for the City of South Bend for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located in the 900 Block of Oliver Plow Court, South Bend, Indiana. This Special Exception will allow the petitioner to increase the amount of area of their property that can be used for outside storage. Our clients believe that the approval of the proposed Special Exception will fit with the existing industrial uses in this portion of the Oliver Plow Industrial Park. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Michael J. Danch President Danch, Harner & Associates, Inc. File # 080198 Md. "C" 1643 Commerce Drive . South Bend, IN 46628 orrice 574/234 -4003 ■ 800/594 -4003 . Fax 5741234 -4119 File In Clerk's Office EE CITY CLUK, S0.5iE!�ID, T' 208 West Mars . Berrien Springs, MI 49103 office 2691471 -3010 ■ Fax 2691471 -7237 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT (900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 36 -74- 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 -74- 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: (900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for an outside storage area of 196,000 square feet (i.e. 4.50 ac.) which exceeds the maximum allowed outside storage area of 137,650 square feet (i.e. 50% of the proposed lot property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning Ordinance. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby 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; The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Fred In ClOrk'S Oft'= AUG 2 5 2008 JOHN V®ORDE CnY CLERK, 8C, DEND,1M.- ARESENTEd , QT, APPROVED E WDOPTEIJ .,-- NO. NOTIFIED BOARD OF ZONING APPEALS 20 APPEAL Applicant's Name: THE CITY OF SOUTH BEND FILED_ HEARING Phone 235 -9371 Address: 12TH FLOOR COUNTY -CITY BUILDING 227 WEST JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 Address of Property: THE 900 BLOCK OF OLIVER PLOW COURT SOUTH BEND, INDIANA 46601 Present Zoning of Property: "GI" GENERAL INDUSTRIAL DISTRICT Owner's Name: THE CITY OF SOUTH BEND Phone 235 -9371 Address: 12TH FLOOR COUNTY -CITY BUILDING, 227 WEST JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 20 20 Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234 -4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 46601 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A). Special Exception Request: PARCEL ."A": A) . Approval of a Special Exception as allowed under Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 196,000 square feet (i.e. 4.50 ac.) which exceeds the maximum allowed outside storage area of 137,650 square feet (i.e. 50% of the proposed lot property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21- 04 -02 (2) (B) (iii) of the City of South Bend Zoning Ordinance, and the following Variance Requests: 0 PARCEL "A": 1) . A Variance from the requirement of providing a 100 -foot wide Rear Residential Buffer -yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping; 2) . A Variance from the requirement of providing a 100 -foot wide Side Residential Buffer -yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the Western property line to a 0 foot wide setback for a proposed storage area and no screening along the West line of the petition site, but providing a Type "B" landscaping containing a double row of evergreen trees as shown on adjacent proposed Outlot "A" located West of Petition site. 3). A Variance from the required minimum frontage of 150 ft. for a property Zoned "GI" General Industrial District to a minimum frontage of 94.50 ft. more or less along Oliver Plow Court. The Petitioner is the owner of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "GI" General Industrial District. The Petitioner has been the owner of the property for the last several years and is in the long -term process of developing the Petition site and the adjacent properties into an Urban Industrial Park. This was the original site for the Oliver Plow Works. The City of South Bend acquired the property and cleaned up the site and paved Oliver Plow Court as a Public Street access to the new industrial sites. The Rose Fuel Company came to this Park a few years back and presently has their facility just to the southeast of the Petition site. The City has been working with Underground Pipe and Value, Inc. to re- locate them from their present site south of Sample Street on the east side of Prairie Avenue to the property shown as Parcel "A" on the attached site plan. The Petition property contains approximately 6.32 acres of area, and is sized for the Underground Pipe & Valve new facility and outside storage area. As shown, the new building will contain approximately 36,000 square foot of floor area and will include their corporate offices as well as their processing services. The remainder of the site will contain the parking area for employees and clients which is along the south and east side of the proposed new building. To the west and north of the building will be an outside storage area for Underground Pipe and Valves inventory of salable merchandise. After discussions with the City Building Department staff, it was determined that in order to develop the site as shown, a Special Exception and a few Variances would be required to be approved. Even though the property has an Industrial classification, a Special 3 Exception is required due to the amount of the property, which will be used for outside storage of inventory product. The City's Ordinances in the General Industrial District limit the outside storage to 50% of the size of the property. As proposed, the outside storage exceeds that amount of area by approximately 58,350 square foot. Underground Pipe and Valve desires to remain in a downtown location, as they are centrally located to their clientele. The City also desires to keep Underground Pipe and Valve within the City limits, and as stated, close to their clients. The City believes that this site works well for them, and the proposed user. This also helps to develop the Urban Industrial Park, and may entice other Companies to this centrally located Industrial Park. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow for additional outside storage as shown on the attached site plan, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21 -09.03 (i). With regards to the Variance requests for Parcel "A ", the first Variance the Petitioner is requesting, is from the requirement of providing a 100 -foot wide Rear Residential Buffer -yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping. The entire north boundary of the Petition site is located along the Conrail Railroad right -of -way, which contains several sets of rails and has a width of approximately 160 feet. There is also a grade change between the Petition site and the railroad right -of -way. The tracks are higher than the site by approximately 10 feet. The Petitioner believes with the width of the right -of -way and the use being an active rail line, the required 100 ft. wide setback is not needed, nor is the requirement of providing landscaping along this portion of the property. The Petitioner would also state that they own the ground located to the northwest of the Petition site and that it will be used as the main retention basin for the Industrial Park. The Petitioner, as part of the development of the Industrial Park, will be adding additional landscaping on portions of the basin area. They would hope that the Board Members agree that approval of this Variance request would not have an adverse impact on any surrounding property or their values. The second Variance request is from the requirement of providing a 100 -foot wide Side Residential Buffer -yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the Western property line to a 0 foot wide setback for a proposed storage area and no screening along the West line of the petition site, but providing a Type "B" landscaping containing a double 4 row of evergreen trees as shown on adjacent proposed Outlot "A" located West of Petition site. The Petitioner would state that as shown, they will be providing 'a double row of evergreen trees on the proposed Outlot "A" of the Subdivision Industrial Park. As shown this would create a buffer area of approximately 64 feet between the few existing homes and the location of the proposed storage area. The properties to the west of the Petition site have a Zoning classification of General Industrial, but there are a few homes located in this area. This portion of the Petition property also contains the main storm sewer line for the Industrial Park, which transports surface runoff created on the Industrial Parks' lots to the retention basin shown to the northwest of the site. This limits the amount of area that can be used for landscaping containing evergreen or deciduous trees. The Petitioner would hope that the Board Members agree that providing the 20 ft. buffer strip along with evergreen trees on the proposed Outlot "A" of the Industrial Park, that would effectively screen the outside storage area from the closest home. With this proposed buffer, the Petitioners believe that approval of this variance would not be detrimental to the adjacent properties. The last Variance request is from the required minimum frontage of 150 ft. for a property Zoned "GI" General Industrial District to a minimum frontage of 94.50 ft. more or less along Oliver Plow Court. The Petitioner would state that the Industrial Park Subdivision was planned and approved several years ago, prior to the City's new frontage requirement being added to the Zoning Ordinance. The lots were shown on a Primary Subdivision Plat approved through the City's Subdivision process. The petitioner would request to be allowed to create a lot that has frontage of approximately 94.50 ft. on a cul -de -sac. The Petitoners do not believe a variance for the frontage of this proposed Industrial site would have a negative impact on any surrounding property. As shown, it allows for the logical development of the Industrial Park which was envisioned several years ago when the development of this area began. The Petitioner believes that approval of the above Special Exception and Variances for this proposed use will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioner would ask the Board Members to agree that, approval of the above described Special Exception and Variances will not have a detrimental affect for this area, nor would the property values, public's health,. safety, morals, or general welfare be adversely affected. The Petitioners contend that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and Special Exception are sought: that the need for the Variances and Special Exception arises from such condition peculiar to the property in the same Zone: and that --the use or value of the area adjacent to the property described in the 5 petition for the Variances and Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, representations are true. f4ichael J. Danch President Danch, Harner & Associates, Inc. that the foregoing filed ire ClOd S Mice AUG 2 5 2048 ,lGrt7'JGOn �c C(T i CLEit�cG. SEND, Property Owners Within 300 Feet City of South Bend Dept.of Rose Fuel & Materials Inc RAITT Corp. 815 W Sample St Redevelopment 1200 County City Building 918 Oliver Plow Ct South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 3061 235105 Tax Key # 018 3061 235103 Tax Kev a M R ,ins1 9,151 City of South Bend Dept.of Public Parks /City of South Housing Authority SB 531 S Chapin South Bend, IN. 46601 Bend 301 S St.Louis Blvd 501 S Scott St South Bend, IN. 46601 Tax Key # 018 3058 2272 South Bend, IN. 46628 Tax Key # 018 3059 2304 Tax Kav * n1 R 3nr,8 997101 Iglesia Misionera Emmanuel Consolidated Rail Corporation New Jersey Ind 1024 Western Ave 1528 Walnut St 22nd Fir 110 Franklin Road S. E. South Bend, IN. 46619 Philadelphia, PA. 19102 Tax Key # 018 3059 2297 Roanoke, VA. 24042 Tax Key # 018 3062 2357 Tax Key # 018 3059 230701 Jeffrey. Polanskey Mary M Rea Antonio & Terry Lopez 737 Sylvan Ln 544 Broadway St Niles, MI. 49120 1205 W Grace South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3062 2370 Tax Key # 018 3062 2371 Tax Key # 018 3062 2378 Willie & Terence Smith Abdon Aguilar & Maria Lopez Stanley Szostakowski 1317 Lismore Ln 1208 W Grace South Bend, IN. 46619 1202 W Grace St South Bend, IN. 46619 Normal, IL. 61761 Tax Key # 018 3062 2379 Tax Key # 018 3062 2386 Tax Key # 018 3062 2387 Juan & Vincenta Vargas Juan & Vincenta Vargas Curtis & Patty Brown 1207 W Ford 1207 W Ford St P.O.Box 6043 South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46660 Tax Key # 018 3062 2394 Tax Key # 018 3062 2395 Tax Key # 018 3067 2546 Apolonio & Herculana Robledo Rene & Maria Pedraza Michael & Audrey Davis 1204 Ford St South Bend, IN. 46619 711 S Arnold St South Bend, IN. 46619 713 Arnold South Bend, IN. 46619 Tax Key # 018 3067 2547 Tax Key # 018 3067 2548 Tax Key # 018 3067 2550 Jose Duran Jose & Margaret Duran Janet Ivacic 719 S Arnold 719 S Arnold 3019 S Michigan South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3067 2552 Tax Key # 018 3067 2553 Tax Key # 018 3067 2556 Paul Fujawa Paul Fujawa Mary Ann Manuszak 1121 Grace St South Bend, IN. 46619 1121 Grace St South Bend, IN. 46619 1117 W Grace St South Bend, IN. 46619 Tax Key # 018 3059 2316 Tax Key # 018 3059 2317 Tax Key # 018 3059 2318 Citi'Mortgage Inc Successor Citi Mortgage Inc Terrance Findley 1111 N Pointe Dr Bldg. 4 #100 1111 N Pointe Dr. Bldg. 4 # 100 1105 W Grace Coppell, Texas 75019 Coppell, TX. 75019 South Bend, IN. 46619 Tax Key # 018 3059 2319 Tax Key # 018 3059 2320 Tax Key # 018 3059 2321 Stanley & V Krol 1124 W Grace St South Bend, IN. 46619 Tax Key # 018 3059 2322 Patricia Meller Frank Niedbala 1114 W Grace St South Bend, IN. 46619 Tax Key # 018 3059 2325 Domingo & Diocelina Orona 614 S Arnold South Bend, IN. 46619 Tax Key # 018 3059 2329 REO Nationwide LLC 10445 Bobbie Ln Pilot Point, TX 76258 Tax Key# 018 3059 2332 Paul Fujawa 1122 Grace Street South Bend, IN. 46619 Tax Key # 018 3059 2323 City of South Bend Dept of Redevelopment 1200 County City Building South Bend, IN. 46601 Tax Kav # n1 R :in..gc) 9.'im Domingo & Diocelina Orona 614 S Arnold South Bend, IN. 46619 Tax Key # 018 3059 2330 Russ Affhalter Jr. 126 W.10th St Mishawaka, IN. 46544 Tax Key # 018 3059 2333 Pablo Alvarez Jr. 1118 Grace St South Bend, IN. 46619 Tax Key # 018 3059 2324 City of South Bend Dept.of Redevelopment 1200 County City Building South Bend, IN. 46601 Tay Kav :a n1 R 'In54 ?:197 Jalyn Properties P.O.Box 4 Gary,IN. 46402 Tax Key # 018 3059 2331 ►lea ! ClOr " O "'C'9 AUG 2 5 2008 CITY CLERK, SO, SE"�, , I NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of South Bend, Indiana will hold a public hearing in the Council Chambers on the 4th Floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 18th day of SEPTEMBER, 2008, at 3:00 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that is on file by The City of South Bend, 12u' Floor County -City Building, 227 West Jefferson Blvd., South Bend, Indiana 46601, seeking the following: A) . Special Exception Request: PARCEL "A ": A) . Approval of a Special Exception as allowed under Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 196,000 square feet (i.e. 4.50 ac.) which exceeds the maximum allowed outside storage area of 137,650 square feet (i.e. 50% of the proposed lot property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, and the following Variance Requests: PARCEL "A": 1). A Variance from the requirement of providing a 100 -foot wide Rear Residential Buffer -yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping; 2). A Variance from the requirement of providing a 100 -foot wide Side Residential Buffer -yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the Western property line to a 0 foot wide setback for a proposed storage area and no screening along the West line of the petition site, but providing a Type "B" landscaping containing a double row of evergreen trees as shown on adjacent proposed Outlot "A" located West of Petition site. 3). A Variance from the required minimum frontage of 150 ft. for a property Zoned "GI" General Industrial District to a minimum frontage of 94.50 ft. more or less along Oliver Plow Court. The property is presently zoned "GI" General Industrial District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: THE 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA, 46601 AND IS LEGALLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT # 3 OF THE PLAT OF " OLIVER PLOW WORKS FIRST MAJOR - SECTION ONE" AS RECORDED BY DOCUMENT NO. 0403909 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, THENCE AROUND A 60.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 51.57 FEET TO THE END OF A CHORD WHICH BEARS N. 240- 48' -22" W. AND HAVING A DISTANCE OF 50.00 FT. TO THE" TRUE POINT OF BEGINNING; THENCE S. 89 °- 49' -06" W., 370.71 FT.; THENCE N. 00 °- 03' -37" E., 711.30 FT. TO THE SOUTHERLY RIGHT -OF -WAY LINE OF THE CONRAIL RAILROAD; THENCE ALONG SAID RIGHT -OF -WAY FOR THE- NEXT NINE (9) COURSES, S. 730- 11' -44" E., 88.49 FT. AND S. 73 °- 06' -44" E., 50.00 FT. AND S. 2 720- 59' -44" E., 50.00 FT. AND S. 73 °- 04' -44" E., 50.00 FT. AND S. 730- 02' -44" E., 50.00 FT. AND S. 73 °- 14' -44" E., 50.00 FT. AND S. 720- 57' -44" E., 50.00 FT. AND S. 690- 16' -44" E., 49.52 FT. AND S. 69 °- 43 -44" E., 13.33 FT.; THENCE S. 000- 03' -37" W., 514.85 FT. TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF OLIVER PLOW COURT; THENCE ALONG SAID NORTHERLY LINE AROUND A 60.00 RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 94.50 FT. TO THE END OF A CHORD WHICH BEARS S. 440- 56' -21" W. AND HAVING A DISTANCE OF 85.03 FT. TO THE POINT OF BEGINNING. CONTAINING 6.32 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Dated this 24TH day of AUGUST 2008. Board of Zoning Appeals of the City of South Bend, Indiana 125 South Lafayette Blvd. Suite 100 South Bend Indiana 46601 Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary to the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, the first publication being at least ten' (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of the public hearing.) I BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND, INDIANA NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that the Board will hold a public hearing of Zoning Appeals of the City of South Bend, Indiana, on Thursday, the 18TH day of SEPTEMBER, 2008, at 3:00 p.m. in the Council Chambers on the 4th Floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by The City of South Bend, 12th Floor County-City Building, 227 West Jefferson Blvd., South Bend, Indiana 46601, seeking the following: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 196,000 square feet (i.e. 4.50 ac.) which exceeds the maximum allowed outside storage area of 137,650 square feet (i.e. 50% of the proposed lot property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, and the following Variance Requests: PARCEL "A ": 1). A Variance from the requirement of providing a 100 -foot wide Rear Residential Buffer -yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping; 2). A Variance from the requirement of providing a 100 -foot wide Side Residential Buffer -yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the Western property line to a 0 foot wide setback for a proposed storage area and no screening along the West line of the petition site, but providing a Type "B" landscaping containing a double row of evergreen trees as shown on adjacent proposed Outlot "A" located West of Petition site; 3). A Variance from the required minimum frontage of 150 ft. for a property. Zoned "GI" General Industrial District to a minimum frontage of 94.50 ft. more or less along Oliver Plow Court. The property is presently zoned "GI" General Industrial District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: THE 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 46601. Said public hearing will be held as Ordinances and Chapter 138, Acts of 1957 Indiana. Any persons desiring to oppose at that time. aaa �9 Clef l6�a 1 i AUG�� 1 authorized by the applicable Zoning of the General Assembly of the State of or support said petition will be heard BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND, INDIANA 125 SOUTH LAFAYETTE BLVD. SUITE 100 SOUTH BEND, INDIANA 46601 61+ d. Ax//4 Secretary to the Board (574) 235 -9554 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 September 19. 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of the City of South Bend BZA 9/18/08 Dear Council Members: The above referenced petition of the City of South Bend was legally advertised on September 4, 2008. The Board of Zoning Appeals gave it a public hearing on September 18, 2008, at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Hoffman and unanimously carried, the petition for Special Exception for the City of South Bend to allow an outside storage area, on property located in the 900 block of Oliver Plow Ct., is sent to the Common Council with a Favorable Recommendation. . The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Z:ly, Z"401e�&� mes D. Markle esign /Plan Review Specialist, R.A. JDM /cah GITY OF SOUTH BEND (Oliver Pld',,,' Ct.) SPECIAL ELCEPTION PURSUANT-2 1-09.3 (D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH. SAFETY. COMFORT. C'U�I.II.'NI "fl' :\IORAL STANDARDS. CONVENIENCE OR GENERAL WELFARE BECAUSE: D, \elupment.and use as presented will cornply with all building, fire safety. traffic. and parking regulations as to 11'01 hero_ itliurious tt) the Puhlic health. safety. morals. sand general welfare ofthe community. 2. -]-HE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE C /SE 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 ;urn,un�lin_ pr�)pertics. I'HL PIZO1 ?OSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH I'f IS LUCATLD AND THE LAND USES AUTHORIZED THEREIN BECAUSE-': Conditions on the Propel-TV predate the Zoning Ordinance. \which creates a different condition for this property. -1. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH B END CC)AIPREHENSI i'E PL_ 1 N BECAU SE: It is the teelin u ol'the Board that the variance is blending into the overall Comprehensive Plan and is not de.'iatin_ friim it's intent. C'ONDITION'S OR REVISIONS: DECISION IT IS TH EREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bcn,l C'knnnu)n Council with a: FAVORABLE RECOMMENDATION .ADU1 TI--A') this I Nth Day' al September. _'0US YE=S N, O ABSENT RICHARD KILBASE ® CHRISTOPH HOFFMAN 19! DAVID SASSANO ® TVIAURICE HOBAN ® ELONDA 'WILDER- HAMILTON prCTLfvrn Sr"P 1 '. 2008 7 r A' K - & Associates, incs MICHAEL J. DANCH, L.A. RON HARNER, P.S. -�k q Board of Zoning Appeals of City of South Bend, Indiana 125 South Lafayette Blvd., Suite 100 South Bend Indiana 46601 Land Surveyors . Professional Engineers Landscape Architects ■ Land Planners September 12, 2008 RE: CSN Holdings, LLC Special Exception & Variance Petition: Dear Board Members: On behalf of our clients, CSN Holdings, LLC, we are asking for an indefinite tabling of their Special Exception and Variance Petition. Our clients desire the additional time to address some of the concerns raised by surrounding residents that came to light at a recent neighborhood meeting where the proposed project was discussed and to allow time for possible adjustment to the site plan and Variance requests. I£ 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, Inc. File No. 08165 "C" Md. 1643 Commerce Drive . South Bend, IN 46628 208 West Mars . Berrien Springs, M149103 CHARLES S HAYES 814 MARIETTA STREET SOUTH BEND, IN 46601 TM September 16, 2008 Board of Zoning Appeals of the City of South Bend 125 South Lafayette Blvd. Suite 100 South Bend, IN 46601 WWW.TELECOMPARK.COM T +574.233.1296 F +574.232.4609 RE: September 18, 2008 Meeting of the Board of Zoning Appeals Special Use Exception Variances Southwest Portion of Rum Village Park (within the Rum Village Park Service Area), on the east side of Gertrude St., approximately .5 miles south of Ewing Ave., in South Bend, IN 46614 To the Honorable Board: Charles S. Hayes Inc. respectfully tables the above September 18`h, 2008 petition until the October 16, 2008 meeting of the Board of Zoning Appeals of the City South Bend. A decision has been made by the Park Board to offer to lease the above referenced property in lieu of selling the property. In doing so, all the same requirements of selling the property must be applied to leasing the property which further delays presenting our petition at the time last requested. We thank you for your patience and look forward to presenting our petition to you, along with working with the Park Board, to successfully bring our request to fruition. Best Regards, e ll K Wa rry Vice - President ljxaal� INFRASTRUCTURE FOR THE TELECOMMUNICATIONS INDUSTRYTM