HomeMy WebLinkAbout07-28-14 Council Agenda & PacketAGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, JULY 28, 2014
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.
14 -72 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 PENN
TOWNSHIP, DELDORA ANNEXATION AREA
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION
WILL BE CHIEF OF STAFF KATHRYN ROOS
6. REPORTS OF CITY OFFICES
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
33 -14 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 PENN TOWNSHIP, CONTIGUOUS
THEREWITH; COUNCILMANIC DISTRICT 5 DELDORA LLC
17716, 17802 & 17830 IRELAND ROAD, MISHAWAKA, IN
46544
37 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2014 OF $125,000 FROM
GENERAL FUND ( #101) , $300,229 FROM MOTOR VEHICLE
HIGHWAY FUND ( #222), $30,000 FROM
STUDEBAKER /OLIVER GRANT FUND ( #209) , $2,000,000
FROM DEPARTMENT OF COMMUNITY INVESTMENT STATE
GRANTS FUND ( #210), $150,000 FROM GIFT, DONATION,
BEQUEST FUND ( #217), $1,000,000 FROM LOSS
RECOVERY FUND ( #227), $9,900 FROM MORRIS
PAC /PALAIS ROYALE MARKETING FUND ( #273), $885,084
FROM EMS CAPITAL FUND( #288), AND $15,000 FROM
POLICE FEDERAL DRUG ENFORCEMENT FUND ( #299)
38 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2014 OF $170,500 FROM
SOLID WASTE OPERATIONS FUND ( #610), $100,000 FROM
SOLID WASTE CAPITAL FUND ( #611), $800,000 FROM
PARKING GARAGES FUND ( #601), ($500,000) FROM 2014
SEWER BOND FUND ( #665), AND $286,863 FROM CENTURY
CENTER CAPITAL FUND ( #671)
39 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2014
36 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND
MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL
PROTECTION AGENCY (EPA)'S RECOMMENDATIONS
40 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SUSPENDING
ENFORCEMENT OF CHAPTER 4, ARTICLE 4, SECTION 4 -21
OF THE SOUTH BEND MUNICIPAL CODE PENDING FURTHER
STUDY AND REVIEW
35 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A
RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT
COMMISSION AND ESTABLISHING AN ECONOMIC
DEVELOPMENT TARGET AREA, RIVER RACE TOWNHOMES
8. BILLS, THIRD READING
RTT,T, NC)-
TIME:
37 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
CITY SERVICES OPERATIONS IN 2014 OF $125,000 FROM
GENERAL FUND ( #101), $300,229 FROM MOTOR VEHICLE
HIGHWAY FUND ( #222), $30,000 FROM
STUDEBAKER /OLIVER GRANT FUND ( #209), $2,000,000
FROM DEPARTMENT OF COMMUNITY INVESTMENT STATE
GRANTS FUND ( #210), $150,000 FROM GIFT, DONATION,
BEQUEST FUND ( #217), $1,000,000 FROM LOSS
RECOVERY FUND ( 4227), $9,900 FROM MORRIS
PAC /PALAIS ROYALE MARKETING FUND ( #273), $885,084
FROM EMS CAPITAL FUND( #288), AND $15,000 FROM
POLICE FEDERAL DRUG ENFORCEMENT FUND ( #299)
38 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND
ENTERPRISE OPERATIONS IN 2014 OF $170,500 FROM
SOLID WASTE OPERATIONS FUND ( #610), $100,000 FROM
SOLID WASTE CAPITAL FUND ( #611), $800,000 FROM
PARKING GARAGES FUND ( #601), ($500,000) FROM 2014
SEWER BOND FUND ( #66S), AND $286,863 FROM CENTURY
CENTER CAPITAL FUND ( #671)
39 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2014
36 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND
MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL
PROTECTION AGENCY (EPA)'S RECOMMENDATIONS
40 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, SUSPENDING
ENFORCEMENT OF CHAPTER 4, ARTICLE 4, SECTION 4 -21
OF THE SOUTH BEND MUNICIPAL CODE PENDING FURTHER
STUDY AND REVIEW
35 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A
RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT
COMMISSION AND ESTABLISHING AN ECONOMIC
DEVELOPMENT TARGET AREA, RIVER RACE TOWNHOMES
9. RESOLUTIONS
BILL NO.
14 -63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS OF ST. JOSEPH
COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 1119
LINCOLNWAY WEST, SOUTH BEND, INDIANA
14 -70 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 140 NILES AVENUE AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A NINE (9)
YEAR REAL PROPERTY TAX ABATEMENT FOR RIVER RACE
TOWNHOMES, LLC
14 -71 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS LOT 7 IGNITION PARK MAJOR SUBDIVISION AS
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR
CATALYST, LLC
14 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL
AGREEMENT FOR THE ELIMINATION, REORGANIZATION,
AND CONSOLIDATION OF PUBLIC SAFETY ANSWERING
POINTS IN ST. JOSEPH COUNTY, INDIANA, AND ALL
MATTERS RELATED THERETO
10. BILLS, FIRST READING
BILL NO.
41 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING
SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS AMBULANCE /MEDICAL
SERVICE FEES
42 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,
INDIANA, AND AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS
THEREWITH COUNCILMANIC DISTRICT 4, RAINBOW CHILD
DEVELOPMENT, 17316 & 17288 STATE ROAD 23, SOUTH
BEND, INDIANA
11. UNFINISHED BUSINESS
A. REPORT FROM THE AREA PLAN COMMISSION
1. BILL NO. 34 -14 - REZONING - SOUTHEAST CORNER OF
LOMBARDY AND MEADOW
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT
TIME:
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
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 PENN TOWNSHIP
(DELDORA 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 Penn 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 20.0 acres
of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e.,
approximately 21.0% contiguous, generally located on the south side of Ireland Road east of
Ironwood Drive (17716, 17802, and 17830 Ireland Road). It is anticipated that the annexation
area will be used for a planned unit development, potentially to include commercial, office, and/
or high- density residential buildings. The Petitioner seeks to rezone this annexation area to
"PUD" Planned Unit Development District within the City. This development will require a
basic level of municipal public services of a non - capital improvement nature, including police
and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and
sewage collection, as well as services of a capital improvement nature, including street and road
construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and
a storm water system and drainage plan; and
WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal
plan and establish a definite policy showing: (1) the cost estimates of services of anon- capital
nature, including police and fire protection, street and road maintenance, street sweeping,
flushing, and snow removal, and sewage collection, and other non - capital services normally
provided within the corporate boundaries; and services of a capital improvement nature including
street and road construction, street lighting, a sanitary sewer extension, a water distribution
system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s)
of financing those services; (3) the plan for the organization and extension of those services; (4)
that services of 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 Penn Township, St. Joseph County,
Indiana be annexed to the City of South Bend:
A part of the Southwest Quarter of Section 29, Township 37 North, Range 3 East, Penn
Township, St. Joseph County, Indiana, and more particularly described as follows:
Commencing at the Northwest Corner of said Southwest Quarter; thence South
89 °55'00" East along the North line of said Southwest Quarter, 991.56 feet to the point of
beginning; thence continuing South 89 °55'00" East along said North line, 663.13 feet;
thence South 00 °01'26" West, 1326.25 feet to the South line of the North half of said
Southwest Quarter; thence North 89 °49'07" West along said South line, 207.92 feet to
the Northerly right -of -way of U.S. 20 Bypass; thence North 68'01'16" West along said
Northerly right -of -way, 491.09 feet to the Easterly line of Crofoot Minor Addition,
recorded in Plat Book C, Page 7 in the Office of the Recorder of St. Joseph County;
thence North 00'02'14" East, 934.69 feet to the Southerly line of the Original Town of
Hi -View, recorded in Plat Book H, Page 1 in said Recorders Office; thence North
89'54'11" West along said Southerly line, 192.01 feet to the Westerly right -of -way of
Queensboro Street; thence North 00'02'11 " East along said Westerly right -of -way,
178.02 feet to the Southerly right -of -way of Ireland Road; thence South 89 °55'00" East
along said Southerly right -of -way, 192.01 feet; thence North 00'02'11 " East, 30.00 feet
to the point of beginning, said described tract containing 20.0 acres, more or less, and
subject to any easements, right -of -ways, covenants and restrictions of record.
Section II. That it shall be and hereby is now declared and established that it is the policy
of the City of South Bend, to furnish to said territory services of a non - capital nature, such as
police and fire protection, street and road maintenance, street sweeping, flushing, and snow
removal, within one (1) year of the effective date of the annexation in a manner equivalent in
standard and scope to services furnished by the City to other areas of the City regardless of
similar topography, patterns of land utilization, and population density; and to famish to said
territory, services of a capital improvement nature such as street and road construction,
sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm
water system and drainage plan, within three (3) years of the effective date of the annexation in
the same manner as those services are provided to areas within the corporate boundaries of the
City of South Bend regardless of similar topography, patterns of land use, or population density.
Section III. That the South Bend Common Council, shall and does hereby now establish
and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the
furnishing of said services to the territory to be annexed, which provides, among other things,
that the public water main is available to service this annexation area except for its eastern end
and that necessary extensions of the water main shall be paid by the developer; that the existing
sewer system may not be sufficient to service the planned development of the annexation area
and that any necessary sewer main extensions shall be done at the developer's expense. Lateral
extensions and /or taps into sanitary sewer and /or water lines shall be governed by Indiana law
and local rules and regulations. Any streets interior to the development site are expected to be
private. Any public road improvements, upgrades to the road drainage system, traffic controls
curbs, and sidewalks required by the proposed development of this annexation area will be at the
developer's expense. Any additional street lighting shall be at the developer's expense with the
City to accept it for maintenance and operation supported by property tax revenue. Any and all
improvements made by the developer including any necessary screening, signage, vehicular
access, and interior road construction shall conform to the latest State and City of South Bend
standards and ordinances.
Section IV. This Resolution shall be effective from and of the date of adoption by the
Common Council.
YKLSLN1ED
Member, South Bend Common C uncil
CWVA t l on WS ism
Filed in CIF- �'s Office
U 2 2014
JOHN V'OORDE
CITY CL it SOUTH BEND, IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
July 21, 2014
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Oliver Davis, President
South Bend Common Council
4th Floor, County -City Building
PHONE: 574 /235 -9371
TAx:574/235 -9021
RE: 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 Penn Township (Deldora Annexation Area)
Dear Councilman Davis:
I am attaching for filing the above resolution, which is a companion to Bill No. 33 -14.
That bill proposes to voluntarily annex contiguous territory in Penn Township to the City
of South Bend. The resolution provides for the Common Council's approval and
adoption of the written plan and policy concerning the provision of services, both capital
and non - capital, to the territory to be annexed.
This 20.0 -acre annexation area contains three parcels on Ireland Road, east of Ironwood
Drive, and adjacent rights -of -way. All public improvements, if any, will be required to
be done at the expense of the developer.
I request that the attached resolution be placed on the July 28, 2014, agenda of the
Common Council meeting at which the companion Bill is given Second Reading. I will
be attending the meeting, as well as the Zoning & Annexation Committee hearing, as the
presenter.
If you have any questions, please feel free to contact me at 235 -5843. Thank you.
Sincerely,
La101lt
Michael P. Divita
Planner
cc: Janice Talboom, City Clerk's Office
Filed in Clerk's Office
JIJ;. 2 2 ?014
JOHN V- 10 109
CITY CL.ERN, SOUTH BEND, IN
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
Deldora Annexation Area
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 ...................................... ..............................6
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 .......................
10
SECTION V.
FISCAL IMPACT .................................................. .............................11
Fiscal Impact: TABLE 1
SECTIONVI.
APPROVAL .......................................................... .............................13
LegalDescription ......................................................................... .............................14
Map: MAP 1
....................................................................... .............................15
2
Deldora Annexation Area 3
SECTION I. INTRODUCTION
This Fiscal Plan represents the City of South Bend's (hereinafter, "City ") policy for the
annexation of property in Penn 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 Investment
Department of Administration & Finance
SECTION II. GENERAL DATA
A. Location
The Annexation Area is located on the south side of Ireland Road, about 0.25 miles east of
Ironwood Drive (17716, 17802, and 17830 Ireland Road). See Map 1.
B. Legal Description
The Annexation Area is part of the Southwest Quarter (1/4) of Section 29, Township 37 North,
Range 3 East, in Penn Township, St. Joseph County, Indiana. For a complete legal description,
see Page 14.
C. Contiguity
The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City limits:
Contiguous 885 feet 21.0%
Non - Contiguous 3.330 feet 79.0%
Total 4,215 feet 100%
D. Size of Annexation Area
The Annexation Area is approximately 20.0 acres in area.
Deldora Annexation Area
E. Buildings and Land Use
0
The Annexation Area contains vacant single - family residential land. A planned unit
development, potentially to include commercial, office, and /or high- density residential uses, is
proposed.
F. Zoning & Subdivisions
The three properties in the Annexation Area are currently zoned "R" Single Family District it
St. Joseph County. With the annexation petition, the petitioner is seeking to rezone the
property to "PUD" Planned Unit Development District in the City. The Annexation Area does
not fall within any subdivisions of record.
G. Population
Zero (0) persons currently reside in the Annexation Area. The number of residents proposed
to live in the Annexation Area is subject to the amount of land developed for residential uses.
H. Tax Rate
The tax rates used are those of 2013 payable 2014.
The total tax rate for unincorporated Penn Township is 2.6172 per $100 of taxable real
estate. The total tax rate for South Bend Penn Township is 5.7143 per $100 of taxable real
estate.
Per HEA 1001, the tax caps expressed as a percentage of the gross assessed value for
different classifications of property are as follows, regardless of the property's location being
within South Bend or unincorporated St. Joseph County:
Property Type
Cap
Homestead Residential
1.0%
Non - Homestead Residential
2.0%
Agricultural
2.0%
Other (Commercial)
3.0%
Deldora Annexation Area 5
I. Assessments
2013 payable 2014, St. Joseph County Auditor property tax records:
Land: $55,700
Improvements: $0
Total (Gross): $55,700
Total (Net): $55,700
J. Municipal Legislative District
The Annexation Area will be in the 5th District.
K. Hiring Plan
It is not anticipated that this annexation will result in the elimination of jobs for employees of
any other governmental entities. The Penn Township Trustee has been notified of this
proposed Annexation.
Deldora Annexation Area 6
SECTION III. MUNICIPAL SERVICES
A. Public Works
Sewer - A 12" diameter sanitary sewer exists on the Ireland Road frontage of the annexation
area. The sewer currently serves Irish Hills and Ruby Plaza. With the future development of
Ruby Plaza, the sanitary sewer may not have adequate capacity for the annexation area or
potential future eastward extensions. A study of the sanitary service in this area may be
necessary to determine required improvements. Any new sewer line would be done at the
petitioner's cost.
Water- The South Bend Water Works currently has a 12" water main on the south side of
Ireland Road. The water main will provide more than adequate service to the Annexation
Area. The water main does not extend all the way to the eastern end of the Annexation Area;
any necessary extension would be done at the petitioner's cost.
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 - If the developer wishes to construct and dedicate additional street lighting,
the City will accept it for maintenance and operation, supported by property tax revenue.
Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect
forth is area.
Streets - Portions of the adjoining section of Ireland Road are already within City limits. The
annexation would add the balance of the Ireland Road right -of -way, plus approximately 178
feet of the Queensboro Street right -of -way to the City. A traffic impact analysis including
existing or potential commercial frontage on Ireland Road between Ironwood Road and
Hickory Road is necessary to determine the need for traffic controls or other road
improvements for any access openings. Such improvements to Ireland Road, including the
provision of any turn lanes, would be done at the petitioner's cost. Development in this
annexation area will require curb and sidewalk on the south side of Ireland Road and any
necessary upgrades to the current roadside drainage system. Streets interior to the
development site are expected to be private. No public capital expenditures to extend
sweeping or snow removal service are anticipated.
2013 Actual Budget Report for the Department:
Expenditures:
Miles of Roadway in City:
Cost per Mile:
New Mileage within Area:
Estimated Maintenance Cost
for Annexation Area per year:
$11,235,400
@507.4
@$22,143
@0.16 miles (824 feet)
@$3,543
Deldora Annexation Area 7
B. Police Department
The Annexation Area would be expected to be added to the existing Beat 16. 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. Per an examination of calls for service in 2013, Beat 16 has the
lowest call volume of all the south side police beat areas.
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 existing beat patrol. The area under consideration is not expected to cause any unusual
problems.
The cost for servicing the proposed area is not expected to impact the existing budget of the
Police Department with any significance. The patrol costs would be assumed by the Police
Department budget. 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 possible shifting of existing resources, such as a
beat restructure.
Police services and response time in this area can be expected to be comparable with that as
in all other areas of the City. Police coverage to this area could begin immediately upon
annexation.
Note: The cost of service for this Annexation Area is based on the number of parcels.
Household information is provided for comparative purposes.
2013 Actual Budget Report for the Department:
Expenditures (including pension cost):
Number of Households in City (2010):
Cost per Household:
Number of Parcels in City (2014):
Cost per Parcel:
Proposed Number of Households in Area:
Proposed Number of Parcels in Area:
Cost for Annexation Area per year:
$37,903,044
@39,760
@$953
@48,285
@$785
0 / not determined
3
$2,355 (3 parcels x $785 / parcel)
Deldora Annexation Area 8
C. Fire Department
Fire Response - The South Bend Fire Department provides a fully staffed, full -time fire
department. The Annexation Area will be serviced primarily by Fire Station #10, located at
5303 York Road, approximately 1.4 miles away. Approximate response time for a non -
emergency call is three minutes. Additional Fire Department units would respond from Fire
Station #8 at 2402 S. Twyckenham Drive, which is approximately 2.3 miles away.
Approximate response time for a non - emergency call is four minutes.
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 will provide emergency medical response to the
Annexation Area. This area will be serviced by Medic #1, which is at Fire Station #10, 5303
York Road (approximately 1.4 miles away), and Medic #2, which is at Fire Station #1, located
at 1222 S. Michigan Street (approximately 4.3 miles away).
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. Emergency medical
services are supported by user fees.
Note: The cost of service for this Annexation Area is based on the number of parcels.
Household information is provided for comparative purposes.
2013 Actual Budget Report for the Department:
10
Expenditures (including pension cost):
Number of Households in City (2010):
Cost per Household:
Number of Parcels in City (2014):
Cost per Parcel:
Proposed Number of Households in Area:
Proposed Number of Parcels in Area:
Cost for Annexation Area per year:
Code Enforcement
The Annexation Area will be added to Area 5.
$49,723,023
@39,760
@$1,251
@48,285
@$1,030
0 / not determined
3
$3,090 (3 parcels x $1,030 / parcel)
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
Deldora Annexation Area 9
effective date of the Annexation. Full and dedicated response will be in place within one year
of the effective date of the Annexation.
2013 Actual Budget Report for the Department:
Expenditures:
Number of Parcels in City (2014):
Cost per Parcel:
Proposed Number of Parcels in Area:
Cost for Annexation Area per year:
E. Environmental Services
$2,905,620
@48,285
@$60
3
$180 (3 parcels x $60 / parcel)
Wastewater Treatment - Wastewater treatment services are supported by user fees, and are
paid through the Water Works billing system.
Solid Waste - Larger scale industrial, commercial, and apartment customers are generally not
served by the Bureau of Solid Waste. However, the Bureau of Solid Waste is able to provide
service to small commercial customers at $12 per month, or the prevailing rate at that time,
with service beginning on the effective date of the Annexation.
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 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 affect the provision of other services
currently provided to this property on a countywide 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 among the countywide agencies that will
continue to provide the same type and level of services to the Annexation Area.
Countywide services will continue to be supported by the County and Township taxes that will
remain in effect.
Deldora Annexation Area 10
SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA
This proposed annexation will add vacant land to the City of South Bend. The Annexation Area
is presently zoned "R" Single Family District in unincorporated St. Joseph County. Irish Hills
Apartments, zoned "MF2" High- Density Multifamily District in the City is located to the north.
To the east are two parcels zoned "R" Single Family District in the County. To the south is the
St. Joseph Valley Parkway. To the west are single - family homes and a day care center, all
zoned "R" Single Family District in the County.
A planned unit development, potentially including a mix of commercial, office, and /or high -
density residential uses as permitted in "LB" Local Business District, "CB" Community
Business District, and "MF2" High- Density Multifamily District, is proposed. Select uses
permitted in the "GB" General Business District would also be allowed.
The Annexation Area is located at the east end of South Bend's Ireland Road commercial area
and has proximity to the Ironwood Drive interchange with the St. Joseph Valley Parkway. As
the land use to the east is expected to remain largely single - family residential, the more
intense land uses should be.concentrated in the north and west portions of the Annexation
Area.
The petitioner's proposed land use plan shows land available for development among
easements for a stream, overhead power lines, and a petroleum pipeline. The petitioner
should use the flexibility offered by the planned unit development designation to create an
attractive site of integrated land uses. To the extent possible, parking should be shared and
the site's natural features preserved. The City will require that the current drainage ditch that
runs through the site remain daylighted except at crossings to ensure proper water quality and
capacity. The land use plan proposes vehicular access to the property at two points from
Ireland Road. If additional right -of -way dedication along Ireland Road is ever required, the
petitioner or its successors or assigns shall be responsible for all costs associated with
moving any signs placed along Ireland Road to the required sign setback from the newly
established right -of -way. Pedestrian and bicycle accommodations should be made within the
site and along Ireland Road. Any improvements or future changes must meet the City's
applicable building and zoning ordinances.
Deldora 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 parcel(s) 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 provided
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: 2013
payable 2014 tax information, taxes paid in previous years by a comparable development,
estimates of units built, estimates of unit values and land assessments, and tax abatements
or adjustments, if any. Tax rates are subject to change every year, and property tax revenues
may be subject to tax caps.
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 may not be required or possibly requested for
many years. Hence, the cost of providing services over the first five years should be evaluated
with this in mind.
Deldora Annexation Area 12
TABLE 1
Summary Table - Estimated Fiscal Impact
penditures
Capital
(Est.)
Non - Capital
Per Year (Est.)
Notes
5 -Year Total
P
$1,153
$330,353
Any at
$1,153
Construction
$0
Year 4
petitioner's
$0
$178,083
MVH LRSA
Estimated at revenue
per mile of $20,000
cost
$16,000
Approximate 5 -Year Revenues
$346,353
Connection at
Sewer Extension
$0
petitioner's
$0
expense
Connection at
Water Extension
$0
petitioner's
$0
expense
Any additional
Street Lights
$0
at petitioner's
$0
expense
Street Maintenance
$0
$3,543
$17,715
Police
$0
$2,355
$11,775
Fire
$0
$3,090
$15,450
Code
$0
$60
$180
Approximate 5 -Year Expenditures
$45,120
Revenue estimate based on $55,700 net assessment and capped commercial tax rate of 3%
of $55,700 gross assessment prior to development; $4,000,000 net assessment and
average capped tax rate of 2.67% of $4,000,000 gross assessment, first taxable in Year 3;
and $9,500,000 net assessment and average capped tax rate of 2.67% of $9,500,000 gross
assessment, first taxable in Year 5.
Notes
TotaI(Est.)
5 -Year Total
7Taxes
Year 1
$1,153
$330,353
Year 2
$1,153
Year
$74,982
Year 4
$74,982
Year 5
$178,083
MVH LRSA
Estimated at revenue
per mile of $20,000
$3,200
$16,000
Approximate 5 -Year Revenues
$346,353
Revenue estimate based on $55,700 net assessment and capped commercial tax rate of 3%
of $55,700 gross assessment prior to development; $4,000,000 net assessment and
average capped tax rate of 2.67% of $4,000,000 gross assessment, first taxable in Year 3;
and $9,500,000 net assessment and average capped tax rate of 2.67% of $9,500,000 gross
assessment, first taxable in Year 5.
Deldora Annexation Area 13
SECTION VI. APPROVAL
Approved by the City of South Bend Common Council this day
2014.
Deldora Annexation Area 14
LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 29, Township 37 North, Range 3 East, Penn
Township, St. Joseph County, Indiana, and more particularly described as follows:
Commencing at the Northwest Corner of said Southwest Quarter; thence South 89 ° 55'00"
East along the North line of said Southwest Quarter, 991.56 feet to the point of beginning;
thence continuing South 890 55'00" East along said North line, 663.13 feet; thence South
00 °01'26" West, 1326.25 feet to the South line of the North half of said Southwest Quarter;
thence North 89 049'07" West along said South line, 207.92 feet to the Northerly right -of -way
of U.S. 20 Bypass; thence North 68 °01'16" West along said Northerly right -of -way, 491.09
feet to the Easterly line of Crofoot Minor Addition, recorded in Plat Book C, Page 7 in the Office
of the Recorder of St. Joseph County; thence North 00 002'14" East, 934.69 feet to the
Southerly line of the Original Town of Hi -View, recorded in Plat Book H, Page 1 in said
Recorders. Office; thence North 89 054'11" West along said Southerly line, 192.01 feet to the
Westerly right -of -way of Queensboro Street; thence North 00'02'11" East along said Westerly
right -of -way, 178.02 feet to the Southerly right -of -way of Ireland Road; thence South
89 °55'00" East along said Southerly right -of -way, 192.01 feet; thence North 00 °02'11" East,
30.00 feet to the point of beginning, said described tract containing 20.0 acres, more or less,
and subject to any easements, right -of -ways, covenants and restrictions of record.
Deldora Annexation Area 15
MAP 1
Deldora Annexation Area
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'a Clty of South Bend - Deldora Annexation Area
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Prepared by City of South Bend De padment of Community Investment May 15, 2014
MIMI In I '., ,- VTFIC@
JUL 152014
- pJCi'i-ia4
CITY CLERK, SOUTH SEND, IN
STAFF RECOMMENDATION
A- 3� �� V3 '3 /3 ' i ,Jo .
33 -('y
LARRY MAGLIOZZI: I would like to clarify the Staff s position and probably clarify the chain of
events that have happened. On May 5, the developer came in and talked to the Staff about two to three
hours before they filed their petition. It was a rather hurried meeting, so they could prepare their
paperwork. Both Christa and 1 have a clear memory that we indicated to the developers that we were
concerned about the range of uses, specifically along Ireland Road. The more commercial uses should be
relegated to Area A on the map, where generally west of where their entrance is going to be. Then Area
B should be reserved and used for non - commercial non -auto orientated uses. We recognize some of those
uses may have drive- in's hence the commitment that they have already made to limit drive -in windows at
that location. We had intensive discussions then about Area E. I remember them indicating that Area E
was probably very suitable for some kind of a group facility, apartments, residential high density, or
maybe offices, and Areas C and D were, at least at the meeting on the 5`h, not discussed much because we
really didn't know what the status of the Creek was. On the 19", they came in again. Again we had a
conversation with them. We reiterated our position, specifically about Area A and B. The same position
that I just mentioned. Again, that Area E would be suitable for offices, high density residential nursing
home, whatever, and that Areas C and D would probably be offices. We really didn't talk about retail in
Area C and D, so we never got to that point. Our comments to them via e-mail and these two meetings
indicated our clear position of what we wanted. We thought they were working towards that. When we
got this site plan, we noticed that they essentially opened up all the areas to all the uses, which was totally
contrary to what our recommendation would be to them. Again, we thought they were going to progress
to another stage where they would start identifying those areas. Hence our comment in the Staff Report,
which we had to send out as you know a number of days before this meeting. I just wanted the
Commission to be aware that is the reason why we changed our recommendation from favorable to
unfavorable. One of the key points is the sensitivity of the Ireland Road land uses and the residential
areas to the east of this.
GERRY PHIPPS: The reason for our unfavorable recommendation is due to lack of approval from the
staff on the uses in the different areas. If they can resolve that before the council meeting, then the
council could take that into consideration on their recommendation.
OLIVER DAVIS: Is it possible to consider this with a no recommendation?
GERRY PHIPPS: The Council could approve it with our no recommendation.
After due consideration, the following action was taken:
Upon a motion by Gerry Phipps, being seconded by Phil Sutton and unanimously carried,
the proposed ordinance of Deldom LLC to zone from R Single Family District, (County),
to PUD Planned Unit Development District, (City of South Bend), property located at
17716, 17802 and 17830 Ireland Road, City of South Bend, is sent to the Common
Council with an unfavorable recommendation. The petitioner has not resolved all the issues
raised by the staff in the Staff Report, specifically limiting the range of uses that will be
permitted in each of the five areas labeled "A" through "E" on the site plan.
Area Plan Commission, June 17, 2014 Minute Excerpts
Ireland Road PUD Development Standards
Ireland Road Planned Unit Development
South Bend, Indiana
v. � -�A & i l PO'
Development Standards
Date�pproved by Common Council:
Pg.1
Ireland Road PUD Development Standards
Ireland Road PUD
General Standards for Development
Development Standards Setbacks & Landscape Standards
1. All lots may have zero (0) feet of frontage; however, all lots must have access to
public right -of -way by means of dedicated internal drives, whether private or
public.
2. There are no minimum lot width requirements.
3. Minimum Yards and Building Setbacks
• 65' from existing centerline of Ireland Road Right -of -Way.
• 25' Front Yard adjacent to internal drives, whether private or public.
• 5' Internal Side Yard Building Setback.
• 10' Rear Yard Building Setback (primary building) when rear yard is adjacent
to other lots in development.
• 5' Rear Yard Building Setback (accessory building) when rear yard is adjacent
to other lots in development.
4. Maximum building height shall be fifty (50) feet, not to exceed three (3) stories)
5. There are no minimum or maximum gross floor area requirements.
6. Maximum building lot coverage shall not exceed seventy (70) percent.
7. All lots shall have at least ten (10) percent Open Space / Green Space.
8. There are no minimum or maximum area requirements for outdoor seating.
9. All uses shall be connected to municipal sanitary sewer and water main
extended to the site at the Developer's expense or per approved private /
public agency agreement. Public utility easements shall be provided to each
developed parcel.
10. All interior streets shown on the Ireland Road PUD drawing shall be private unless
dedicated thru the City's Subdivision Control Ordinance procedure or by
separate deed of dedication. Any streets dedicated to the public shall be
constructed to the latest City of South Bend Street Standards and approved by
the City Engineer.
11. Maintenance of all private streets, landscape / open space areas, and / or
Outlots within the shown project site shall be performed by a created Home /
Business Owners Association.
pg. 2
Ireland Road PUD Development Standards
12. All surface drainage created by this project shall be either retained on -site or
directed to a suitable storm sewer or drain as approved by the City Engineer.
Capacity of said drainage system shall meet the required City of South Bend
Drainage Standards and / or as approved by the City Engineer.
13. All buildings will be on lots of record.
14. The Development will be provided with two (2) access points from Ireland Road.
The locations shall be agreed upon by the Developer and City Engineer.
15. Bike Racks are encouraged, but not required for each individual lot.
Parking Requirements
All "CB ", "LB" and "GB" uses shall meet the parking requirements of the zoning
ordinance.
2. Parking requirements for multi - family uses shall be a minimum of one (1) parking
space per unit. Parking requirements for Nursing Facilities, Senior Housing, and
Assisted Living shall be one (1) parking space per three (3) beds plus one (1)
space per employee during peak shift.
3. There shall be a zero (0) foot parking setback along lot lines.
4. There shall be a minimum five (5) foot parking and interior drive setback along all
public streets and the frontage of interior lots along the shown main interior drive.
The setback along the main interior drive shall be measured from edge of
pavement or back of curb.
5. Parking maybe shared between multiple lots to allow for a reduction of required
spaces in the overall PUD as specified in the City's Ordinance.
6. Vehicle stacking for Drive -thru facilities shall provide room for a minimum of three
(3) vehicles behind the vehicle at the order board. A bail out lane shall be
provided a minimum of nine (9) feet in width.
Signage Requirements
1. There shall be two (2) development integrated center identification signs
allowed. One shall be a maximum of five hundred (500) sft and forty -five (45') in
height and located along the US 20 Bypass. The other shall be a maximum of
three hundred (300) sft and forty (40') in height and located along Ireland Road.
2. Minimum setback for all integrated center identification signs shall be fifty (50)
feet from existing centerline of Ireland Road right -of -way.
pg. 3
Ireland Road PUD Development Standards
3. Minimum setback for all monument signs shall be five (5) feet from all public
rights -of -way. If additional right -of -way dedication is required, Developer or his
successors or assigns shall be responsible for all costs associated with moving
such monument signs to the required 5' setback from the newly established
rights -of -way unless these signs were originally placed more than fifty (50) foot
from existing centerline of Ireland Road right -of -way. Any monument sign
erected subsequent to any rights -of -way dedication shall be placed a minimum
of 5' from the newly established rights -of -way.
4. Building identification signs are allowed and shall meet the requirements of the
zoning ordinance.
5. Minimum setback for all monument signs shall be five (5) feet from internal drives,
whether public or private.
Landscape Requirements
1. Any uses that provide more than thirty (30) on -site parking spaces shall not be
required to provide additional interior landscape islands excepts as required at
the end of the designed parking bays to separate parking spaces from interior
access drives.
2. All buildings shall provide foundation landscaping in accordance with City's
Ordinance.
3. Perimeter trees as specified in the City's Ordinance shall only be required along
the public street frontage of the PUD and along the main interior private or
public drive. Trees shall be planted a maximum of 80' on center for over -story
deciduous trees and evergreen trees and a maximum of 40' on center for
ornamental trees. The minimum size of the trees shall not be less than 2.5 -inch
caliper. Trees may be planted in any public dedicated street right -of -way only
with approval of the Board of Public Works.
4. Screening of the parking areas along the main interior drive may be reduced to
a minimum of 75% of the City's requirement for screening from a public road.
5. A minimum of a 15' wide residential bufferyard shall be provided along the west
property lines of the PUD and contain Type "A" landscape screening as per the
City's Ordinance from Ireland Road to the Buckeye pipeline and Type "B"
landscape screening from the pipeline to the US 20 Bypass. A minimum of a 15'
wide residential bufferyard shall be provided along the east property line of the
PUD and contain Type "A" landscape screening as per the City's Ordinance
from the US 20 Bypass to the overhead high tension electric lines and Type "B"
from the overhead high tension electric lines to Ireland Road. As an alternative,
a minimum of a 30' wide residential bufferyard can be provided along the east
and west property lines of the PUD and contain Type "A" landscape screening
as per the City's Ordinance.
pg. 4
Ireland Road PUD Development Standards
Area "A"
Proposed Uses
"CB" Community Business District (all uses listed)
"LB" Local Business District (all uses listed)
"MF2" High Density Multi - Family (all uses listed)
"GB" Business - the following select uses:
Automobile -sales & service
Automobile - rental service
Motor Cycle / Scooter sales, service & repair
RV and Camper -sales & service
Farm Equipment - sales & service
Tool & Equipment rental, Garden Supply
Home Improvement Store, Lumber Yard
Slanage Requirements
Each individual lot in this area may have a monument -type sign of one hundrec
0 00) sft with a maximum height of eight (8) located either on Ireland Road or the
internal drives located within the development. There is no minimum or maximum
separation between signs; however, all sign locations shall be approved by the
development's site plan review committee.
pg. 5
Ireland Road PUD Development Standards
Area "B"
Proposed Uses
"LB" Local Business District (all uses listed)
"MF2" High Density Multi - Family (all uses listed)
Parking Requirements
1. No Drive -thru pick up windows shall be located along and oriented toward the
east property line of the PUD in area "B ".
Signage Requirements
Each individual lot in this area may have a monument -type sign of sixty -four (64)
sft with a maximum height of six (6) feet located either on Ireland Road or the
internal drives located within the development. There is no minimum or maximum
separation between signs; however, all sign locations shall be approved by the
development's site plan review committee. If at the time of development of this
area, the adjacent property to the east is developed as a non - residential use,
the monument sign for this area may be up to eight (8) feet in height and one
hundred (100) sft.
pg. 6
Ireland Road PUD Development Standards
Area "C"
Proposed Uses
"CB" Community Business District (all uses listed)
"LB" Local Business District (all uses listed)
"MF2" High Density Multi - Family (all uses listed)
"GB" Business - the following select uses:
Automobile - sales & service
Automobile - rental service
Motor Cycle / Scooter sales, service & repair
RV and Camper -sales & service
Farm Equipment -sales & service
Mini (self storage) Warehouse without outdoor storage
Tool & Equipment rental, Garden Supply
Home Improvement Store, Lumber Yard
Sianaae Requirements
Each individual lot in this area may have a monument monument -type sign of
sixty -four (64) sft with a maximum height of six (6) located along the internal
drives within the development. There is no minimum or maximum separation
between signs; however, all sign locations shall be approved by the
development's site plan review committee.
P8. 7
Ireland Road PUD Development Standards
Area "D"
Pr000sed Uses
"CB" Community Business District (all uses listed)
"LB" Local Business District (all uses listed)
"MF2" High Density Multi- Family (all uses listed)
Signaae Requirements
Each individual lot in this area may have a monument -type sign of sixty -four (64)
sft with a maximum height of six (6) located along the internal drives within the
development. There is no minimum or maximum separation between signs;
however, all sign locations shall be approved by the development's site plan
review committee.
PB. 8
Ireland Road PUD Development Standards
Area "E"
Proposed Uses
"CB" Community Business District (all uses listed)
"LB" Local Business District (all uses listed)
"MF2" High Density Multi- Family (all uses listed)
"GB" Business - the following select uses:
Automobile - sales & service
Automobile - rental service
Motor Cycle / Scooter sales, service & repair
RV and Camper - sales & service
Farm Equipment - sales & service
Mini (self storage) Warehouse without outdoor storage
Tool & Equipment rental, Garden Supply
Home Improvement Store, Lumber Yard
Signaae Requirements
Each individual lot in this area may have a monument -type sign of one hundred
0 00) sft with a maximum height of eight (8) feet located along the internal drives
within the development. There is no minimum or maximum separation between
signs; however, all sign locations shall be approved by the development's site
plan review committee.
FId9i`- - .` - -T _TRIG@
Ctit' SEND, IN
pg. 9
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
PENN TOWNSHIP, CONTIGUOUS THEREWITH;
COUNCILMANIC DISTRICT 5
Deldora LLC
17716, 17802 & 17830 Ireland Road
Mishawaka, IN 46544
STATEMENT OF PURPOSE AND INTENT
A Petition for voluntary annexation and for the zoning of 20.0± acres located in Penn
Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land
in the territory sought to be annexed and zoned. It is the intent and purpose of this
Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a
zoning district for this territory.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. That the following described real estate situated in St. Joseph County,
Indiana, being contiguous by more than one -eight (1/8) of its aggregate external
boundaries with the present boundaries of the City of South Bend, Indiana, shall be and
hereby is annexed to and brought within the City of South Bend:
A PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST,
PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH
89 055'00" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 991.56 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 °55'00" EAST ALONG SAID NORTH LINE,
663.13 FEET; THENCE SOUTH 00 101'26" WEST, 1326.25 FEET TO THE SOUTH LINE OF THE NORTH
HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 °49'07" WEST ALONG SAID SOUTH
LINE, 207.92 FEET TO THE NORTHERLY RIGHT -OF -WAY OF U.S. 20 BY -PASS; THENCE NORTH
68 001'16" WEST ALONG SAID NORTHERLY RIGHT -OF -WAY, 491.09 FEET TO THE EASTERLY LINE
OF CROFOOT MINOR ADDITION, RECORDED IN PLAT BOOK C, PAGE 7 IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 00 102'14" EAST, 934.69 FEET TO THE
SOUTHERLY LINE OF THE ORIGINAL TOWN OF HI -VIEW, RECORDED IN PLAT BOOK H, PAGE 1 IN
SAID RECORDERS OFFICE; THENCE NORTH 89 °54'11" WEST ALONG SAID SOUTHERLY LINE,
192.01 FEET TO THE WESTERLY RIGHT -OF -WAY OF QUEENSBORO STREET; THENCE NORTH
00002'11 " EAST ALONG SAID WESTERLY RIGHT -OF -WAY, 178.02 FEET TO THE SOUTHERLY RIGHT -
OF -WAY OF IRELAND ROAD; THENCE SOUTH 89 055'00" EAST ALONG SAID SOUTHERLY RIGHT -
OF -WAY, 192.01 FEET; THENCE NORTH 00 002'11" EAST, 30.00 FEET TO THE POINT OF
BEGINNING, SAID DESCRIBED TRACT CONTAINING 20.0 ACRES, MORE OR LESS, AND SUBJECT
TO ANY EASEMENTS, RIGHT -OF -WAYS, COVENANTS 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. 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 herby is
amended in order that the zoning classification of the following described real estate,
with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph
County, State of Indiana be and the some is hereby established as "PUD" Planned Unit
Development District; provided, however, that the required, established, and stated
procedures for review of such zoning classification by the Area Plan Commission have
been fully satisfied.
SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its
passage by the Common Council, approval by the Mayor, and legal publication.
MEMBER OF THE COMMON COUNCIL
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the _day
of , 20, at o'clock . M.
City Clerk
Approved and signed by me on the day of
o'clock m.
I st RRADING
PUBLIC HEARING
3 rd READING
NOT APPROVID (L�1
REFERRER
Mayor, City of South Bend,
20, at
_s 'office
JOHN V; fj; .�)k
0 TY CLERK, SOUTH BEND, IN
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
I (We) the undersigned, make application to the Common Council of the City of South
Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana,
and for the zoning of that land in Penn Township, St. Joseph County, Indiana, and in
support of which Petition allege(s) and affirm(s) as follows:
1) I am (We are) the owner(s) (hereinafter "petitioner' or "petitioners ") of a parcel
of land more particularly described in Exhibit "A ".
2) Petitioner(s) desire(s) that the parcel be annexed to the City of South Bend,
Indiana, by proper ordinance.
3) This Petition is signed by one - hundred percent (100 %) of the owners of the land
in the territory sought to be annexed.
4) The property sought to be annexed and rezoned is located at:
17716. 17802 & 17830 Ireland Road, Mishawaka IN 46544
5) The Property Tax Key Number: 014 -1167 -6171: 014 -1034- 058202 and
014- 1034 - 058203
6) The name and address of the property owner(s) of the petition site is /are:
Deldora LLC, 71447 Forest Eagle Lane Niles MI 49120
7) The name and address of the contingent purchaser(s), if applicable:
D & S Development, Inc.. 16915 Cleveland Road Granger IN 46530
8) The parcel is 19.62± acres in size and currently has the following use(s) on it:
Vacant Land
9) The number of people currently residing on the property: None
10) It is desired and requested that the petition site be rezoned
from St. Joseph County zoning classification:
"R" Sinale Family District
To City of South Bend zoning classification:
"PUD" Planned Unit Development District
for the following use(s): See attached "PUD Land Use Plan"
11) The anticipated "build -out" year for the project:
12) The proposed number of lots:
13) The proposed miles of new roadways:
14) The following information has been submitted with the Petition:
1. A legal description of the property; titled as Exhibit A;
2. A list of names and addresses of all property owners, along with the fax
key numbers, for all properties within 300 feet of the petition property;
3. Seventeen (17) site plans;
4. Addressed, stamped envelopes for all property owners within 300 feet of
the petition property.
15) The signatures) of all property owner(s), or Attorney for all property owners(s)
Printed: Anthony Hale
Deldora LL
Signed:
Address: 71447 Forest Eagle Lane p
Niles. MI 49120 Phone Number: '26;
16) Name, Address, and Phone Number of Contact Person /Preparer (please print):
Bradley E. Mosness, PE
Abonmarche Consultants, Inc.
750 Lincoln Way East
South Bend, IN 46601
(574) 232 -8700
Filed is
Iffice
1'r;l` � 7 201q Jowi V;
CITY CLE( PS[ 'd -'- E IN
EXHIBIT A
PARCEL I:
A TRACT OF LAND CONTAINING TWENTY ACRES, MORE OR LESS, TAKEN OFF OF THE
ENTIRE WIDTH OF THE NORTH END OF A FIFTY -FIVE ACRE TRACT, WHICH FIFTY -FIVE ACRE
TRACT IS DESCRIBED AS FOLLOWS:
THE SOUTHWEST QUARTER OF SECTION TWENTY -NINE (29), TOWNSHIP THIRTY -SEVEN (37)
NORTH, RANGE THREE (3) EAST, EXCEPTING FORTY -FIVE ACRES OUT OF THE NORTHEAST
PART OF SAID PREMISES HERETOFORE CONVEYED BY JOHN ROCK TO MERENIAH BECKER
BY DEED RECORDED IN DEED RECORD Al, PAGE 179 OF THE RECORDS OF SAID COUNTY,
AND ALSO EXCEPTING SIXTY ACRES TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE
WEST SIDE OF SAID QUARTER SECTION, THE BALANCE REMAINING AFTER SAID TWO
EXCEPTIONS BEING FIFTY -FIVE ACRES, MORE OR LESS, THE FORTY -FIVE ACRES FIRST
EXCEPTED BEING DESCRIBED AS FORTY -FIVE ACRES TAKEN OFF OF AND FROM THE ENTIRE
LENGTH OF THE NORTH SIDE OF SIXTY ACRES TAKEN OFF OF AND FROM THE ENTIRE
LENGTH OF THE EAST SIDE OF SAID QUARTER SECTION, ALL IN ST. JOSEPH COUNTY,
INDIANA.
EXCEPTING THEREFROM:
THE LAND TAKEN FOR THE US 20 BYPASS INCLUDING ANY PURSUANT TO CAUSE NO. G-
1396 FILED JULY 5, 1974, AND FURTHER DESCRIBED AS FOLLOWS: A PART OF THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST,
COMMENCING AT THE NORTHWEST QUARTER OF SAID QUARTER SECTION; THENCE
NORTH 89 043'05" EAST, 992.10 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION;
THENCE SOUTH 0 022'00" EAST, 1322.25 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION, WHICH POINT IS ON THE SOUTH LINE OF SAID HALF - QUARTER SECTION;
THENCE NORTH 0 022'00" WEST, 179.50 FEET; THENCE SOUTH 68 025'30" EAST, 476.31 FEET TO
THE SOUTH LINE OF SAID HALF - QUARTER SECTION; THENCE SOUTH 89 °2610" WEST, 441.81
FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
FURTHER EXCEPTING THEREFROM:
LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF STONER'S MINOR SUBDIVISION,
RECORDED AUGUST 9, 1976 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
INDIANA, IN PLAT BOOK 31, PAGE "S ".
PARCEL II
LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF STONER'S MINOR SUBDIVISION,
RECORDED AUGUST 9, 1976 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
INDIANA, IN PLAT BOOK 31, PAGE "S ".
PARCEL III:
LOTS NUMBERED ONE (1) AND TWO (2) AS SHOWN ON THE PLAT OF THE TOWN OF HI-
VIEW, RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN
PLAT BOOK 16, PAGE "H ".
SUBJECT TO LEGAL HIGHWAYS.
Filed
' l 2014 `
CiTYCLEkfz �:
IN
ADJACENT PARCELS =MABONMARCHgn
17716, 17802 & 177830 RELAND ROAD, MIISHAWAKA, IN
ConMdence By Design
PENN TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA
NOT TO SCALE
DATE: 05/07/14 ACI JOB #: 14 -0270 SHT: 1 of 1
COPYRIGHTM14- ABONMAR HE CONSULTAMS. INC.
St. Joseph Parcels County Parcels
Rao
PARCEL ID
NAME
MAILING
MAILING
ST
Zip
PROPERTY
PROPERTY
—1
ADDRESS
CITY
ADDRESS
CITY
ST
ZJP
1 058201 4-
058201
STATE OF INDIANA
Dist Laporte
Dist
La Porte
IN
46352
IRELAND
Mishawaka
IN
46544
2 014 -1034-
058124
JONAS LAURIE S
59660
Queensboro St
South Bend
IN
46614
3 014 -1034-
DAVENPORT DAVID R &
17981 Lamar
058110
ROCHELLEA
St
South Bend
IN
46614
17981 LAMAR
South Bend
IN
46614
014 -1034-
WURTSBAUGH WILBUR D &
4
058106
SHIRLEY
17923 Lamar
South Bend
IN
46614
17923 LAMAR
South Bend
IN
46614
5
014 -1034-
CARPENTER DONALD E &
17878 Ireland
VL
058121
BETTY F
Rd
South Bend
IN
46614
MIDDLEBORO
Mishawaka
IN
46544
61014-1034-
CAURRO R DOMINIC &
MAUREETA M JT REV TRUST
17600E
58402
058402
Ireland Rd
South Bend
IN
46614
IRELAND
Mishawaka
IN
46544
DTD 419/01
7
026 -1034-
0577
DRIVE & SHINE
DEVELOPMENT INC c/o Haji
16915
Cleveland
Granger
IN
46530
4340S
South Bend
IN
46614
M Tehrani
Road
IRONWOOD
3
058408 4-
058408
STATE OF INDIANA
Dist Laporte
Dist
La Porte
IN
46352
IRELAND
Mishawaka
IN
46544
9
014 -1034-
HERMAN DANIEL J & SHARI
17910 Lamar
South
17910 LAMAR
058103
L
Rd
Bend
IN
46614
ST
South Bend
IN
46614
10
014 -1034-
058301
STATE OF INDIANA
INDOT Laporte
Dist
La Porte
IN
46352
IRELAND
Mishawaka
IN
46544
1t
014 -1034-
59680
59680
058126
JONAS LAURIE S
Queensboro St
South Bend
IN
46614
QUEENSBORO
South Bend
IN
46614
ST
12
014 -1034-
058105
LAMB THOMAS R & SUSAN L
17851 Niagara
South Bend
IN
46614
17851 NIAGRA
South Bend
IN
46614
13
014 -1034-
058119
LAMB THOMAS R & SUSAN L
17851 Niagara
South Bend IN
46614
VL
Mishawaka IN
46544
QUEENSBORO
14
014 -1034-
59660
59660
058125 JONAS
LAURIE S
Queensboro St
South Bend IN
46614
QUEENSBORO
South Bend IN
46614
ST
014-1034-
IZAAK
WALTON LEAGUE OF
15 058409
AMERICA
ST JOSEPH
PO Box 3559
South Bend IN
46619 IRELAND
Mishawaka IN
46544
COUNTY INDIANA CHAPTER
16 014
-1034- CARPENTER
DONALD E & 17878E
South
17878
IRELAND
058102
BETTY
F Ireland
Rd
Bend IN
46614
RD
South
Bend IN
46614
17
014 -1034-
058203
DELDORA LLC
119 Forest
Eagle Ln
Niles
MI
49120
VL IRELAND RD
South Bend
IN
46614
014 -1034-
GROWING KIDS SOUTH LLC
4100 Edison
17850 IRELAND
18
058101
AN INDIANA LIMITED
Lakes Pkwy
Mishawaka
IN
j
46545
I
South Bend
IN
46614
LIABILITY CO
Ste 260
RD
19
014 -1167-
6171
DELDORA LLC
71447 Forest
Eagle Lane
Niles
MI
49120
VL IRELAND RD
Mishawaka
IN
46544
20
014 -1034-
DELDORA LLC
71447 Forest
Niles
MI
49120
17802 IRELAND
058202
Eagle Lane
RD
Mishawaka
IN
46544
21
08401 4-
CAURRO R DOMINIC &
MAUREETA M JT REV TRUST
17600E
South
17700 IRELAND
0558401
DTD 419/01
Ireland Rd
Bend
IN
46614
RD
South Bend
IN
46614
22
014 -1167-
CARPENTER DONALD E &
17878 E
6176
BETTY
Ireland Rd
South Bend
IN
46614
VL IRELAND RD
Soulh Bend
IN
46614
23
014 -1034-
BELCHER GERALD & ALICE
17699 Ireland
South
17699 IRELAND
057907
J
Rd
Bend
IN
46614
RD
South Bend
IN
46614
24
014 -1034-
VAN AVERMAETE RICHARD
17675 Ireland
South Bend
17 75 IRELAND
057901
ANDJOANNE
Rd
IN
46614
South Bend
IN
46614
25
014 -1034-
057902
MARVIN WILLIAM
17651 Ireland
South Bend
IN
46614
17651 IRELAND
South Bend IN
46614
Rtl
RD
26
026 -1034-
057802
EDWARD ROSE OF INDIANA
P O Box 3015
Kalamazoo
MI
49003
IRISH HILLS
South Bend IN
46614
s}r �U14
JfSFiF! .
Ej« P--s,
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $125,000
FROM GENERAL FUND (4101),$300,229 FROM MOTOR VEHICLE HIGHWAY
FUND (4222),$30,000 FROM STUDEBAKER/OLIVER GRANT FUND ( 4209),
$2,000,000 FROM DEPARTMENT OF COMMUNITY INVESTMENT STATE
GRANTS FUND (#210),$150,000 FROM GIFT, DONATION, BEQUEST FUND
( #217), $1,000,000 FROM LOSS RECOVERY FUND (#227),$9,900 FROM MORRIS
PAC /PALAIS ROYALE MARKETING FUND (#273),$885,084 FROM EMS
CAPITAL FUND ( #288), AND $15,000 FROM POLICE FEDERAL DRUG
ENFORCEMENT FUND ( #299).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2014 operating and capital budgets in
2013 (Ordinance #10264 -13, passed October 30, 2013) which included expenditures for
various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2014 and
set apart within the following designated funds for expenditures as follows:
Fund
Amount
General Fund ( #101)
$ 125,000
Motor Vehicle Highway Fund ( 4202)
300,229
Studebaker /Oliver Grant Fund ( #209)
30,000
DCI State Grants Fund ( #210)
2,000,000
Gift, Donation, Bequest Fund ( 4217)
150,000
Loss Recovery Fund ( 9227)
1,000,000
Morris/Palais Royale Marketing Fund ( #217)
9,900
EMS Capital Fund ( #288)
885,084
Police Federal Drug Enforcements Fund ( #299)
1 5 &00
TOTAL
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Deputy Mayor.
�IiNI 01 t' �` trK; E �' �, i� F' M 631
b(6,t,`S bGu-�- (
Member of the Common Coune
Attest:
City Clerk
I St p,IaADING
PUBLIC HEARING
3rd READING
NOT APPROV;D
REFERRED
PASSED
Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the
—day of 2014 at o'clock _ . m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
, 2014 at
Deputy Mayor, City of South Bend, Indiana
Filed in fryP;: '34+ice
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GIV CLERK, SOUTH REM, IN
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1206N COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
July 9, 2014
Mr. Oliver Davis, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: July 2014 Appropriation Ordinance – Civil City Funds
Dear President Davis,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
during the middle of the year and at year end. For 2014, we plan to propose adjustments
during three time periods — March, July and December.
Based on our budget review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 1st reading on July 14, 2014 with 2 0d
reading, public hearing and 3rd reading scheduled for July 28, 2014.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
Regards,
% J H.,Murphhy�
1 Controller
CC: Pete Buttigieg, Mayor
Mark Neal, Deputy Mayor
Kathryn Roos, Chief of Staff
Filed In C. ; - Office
_9 2014
CITY Cl-�R:i, �d5«t i BEND, IN
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $170,500 FROM
SOLID WASTE OPERATIONS FUND (#610),$100,000 FROM SOLID WASTE
CAPITAL FUND ( 4611), $800,000 FROM PARKING GARAGES FUND ( #601),
($500,000) FROM 2014 SEWER BOND FUND ( 4665), AND $286,863 FROM
CENTURY CENTER CAPITAL FUND ( #671)
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2014 operating and capital budgets in
2013 (Ordinance #10265 -13, passed October 30, 2013), which included expenditures for
various City enterprise operations. It is now necessary to appropriate additional funds for
operational expenditures necessary for the City to effect provision of services to its
citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2014 and
set apart within the following designated funds for operational expenses as follows:
Fund
Amount
Solid Waste Operations Fund ( 4610)
$170,500
Solid Waste Capital Fund ( #611)
100,000
Parking Garages Fund (4601)
800,000
2014 Sewer Bond Fund ( #665)
(500,000)
Century Center Capital Fund ( 4671)
286.863
TOTAL
$857,363
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Deputy Mayor.
Member of the Common Cou it
Attest: ,;,t
a s ;, UM
�#
Coved n as 05
City Clerk
Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the
— day of , 2014, at o'clock _ . m.
1,j RE,4DtPlG�'" � y
pUBLtc HEARING
3 rd READ "G
NOT APPROVED
REFERRED
PASSED
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
, 2014, at
Deputy Mayor, City of South Bend, Indiana
Filed @n
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120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE B=GIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
July 9, 2014
Mr. Oliver Davis, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4°i Floor
South Bend, Indiana 46601
RE: July 2014 Appropriation Ordinance – Enterprise Funds
Dear President Davis,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
during the middle of the year and at year end. For 2014, we plan to propose adjustments
during three time periods — March, July and December.
Based on our budget review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for l' reading on July 14, 2014 with 2nd
reading, public hearing and 3`d reading scheduled for July 28, 2014.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
Regards,
J . ut
H. M Murphy
City Controller
CC: Pete Buttigieg, Mayor
Mark Neal, Deputy Mayor
Kathryn Roos, Chief of Staff
IN
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
Filed in
Office
86ND , IN
(& �� pa 3 q -, y
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF T14E CITY OF SOUTH BEND,
INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN
THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing budgets
(Ordinances #10264 -13 and #10265 -13 passed on October 30, 2013) which necessitate
the increase and reduction of appropriations within the various departments of the
General Fund and other funds of the City of South Bend during 2014.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are
incorporated herein shall be adjusted by increase or reduction of appropriation in the
designated sums.
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Deputy Mayor.
Attest:
City Clerk
Member of the Common Co ncil
lag bt 1,7s t'N ON a! it" b ;;E'vf°.� M
Olip{lti` Ili lag fix risr..! 1 z hK po
Cold! adM 0112 Mth,
Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the
day of , 2014, at o'clock _. m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
s1 READING
UBUC HEARING
rd READING
JOT APPROViD
tFERPM
'ASSFO
Deputy Mayor, City of South
, 2014, at
Indiana
Filed in Cier?::`o Off"Ce
JUG. -9 2014
i
CITY CEEh w `ci : SE:R`.0. IN
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120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
July 9, 2014
Mr. Oliver Davis, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 41h Floor
South Bend, Indiana 46601
RE: July 2014 Budget Transfer Ordinance
Dear President Davis,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
during the middle of the year and at year end. For 2014, we plan to propose adjustments
during three time periods — March, July and December.
Based on our budget review, we are submitting the enclosed ordinance for transfers
between various departments and cost categories within the same funds for your
consideration. No additional appropriation is requested in this ordinance.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 1 s` reading on July 14, 2014 with 2 "d
reading, public hearing and 3`d reading scheduled for July 28, 2014.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
Regards,
�a.
Ain H. Murphy
City Controller
N 0 544'
CC: Pete Buttigieg, Mayor
Mark Neal, Deputy Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
Fllmcq in Office
e
' _......._ ...v.,......_........._,...._.E
- 9 2014
MEND, IN
Ut,�\ o3, 3� -�`Y
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH
BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION
AGENCY (EPA)'S RECOMMENDATIONS
STATEMENT OF PURPOSE AND INTENT
On June 6, 2011 the South Bend Common Council substantially revised and amended
Chapter 17, Article 2, of the South Bend Municipal Code, Ordinance # 10095 -11, to conform to
the federal Model Pretreatment Ordinance published in January 2007 by the United States
Environmental Protection Agency (EPA) Office of Wastewater Management. At the time of its
adoption by the Common Council, Ordinance #10095 -11 enabled South Bend to comply fully
with all applicable State and Federal laws, including the Clean Water Act (33 United States Code
§ 1251 et sea.) and the General Pretreatment Regulations (Title 40, Code of Federal Regulations
[CFR] Part 403. It also protected South Bend's water treatment processes and it enabled South
Bend to proceed with its National Pollutant Discharge Elimination System (NPDES) permit
conditions, as well as any other State and Federal laws to which a publicly owned wastewater
treatment works is subject.
The EPA requires South Bend to review periodically the chemical limitations of certain
pollutants related to the Industrial Treatment Program to determine if they adequately protect the
Wastewater Treatment Plant and the St. Joseph River. South Bend recently completed such an
evaluation, which resulted in new limits that must be included in South Bend's ordinance. It is
also necessary that the Municipal Code be amended to correct certain non - substantive errors and
to make other minor changes.
On February 10, 2014 this Council passed and adopted Resolution #4319 -14 which
approved a Proposed version of this Ordinance subject to public notice and comment, and final
approval by the EPA. This Ordinance incorporates the final changes required by the EPA. The
amended Maximum Allowable Industrial Load (MAIL) to Significant Industrial Users set forth
in Section I of this final Ordinance has been subject to more than 30 days of public comment
without objection.
1
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, that various sections of Chapter 17, Article 2, Division 3 shall be
amended to read as follows:
SECTION 1. Chapter 17, Article 2, Division 3, Subsection 17 -8(c), Subparts (14) and (17), and
Subsection 17 -8 (f) of the South Bend Municipal Code shall be amended to read as follows:
Sec. 17 -8. General purpose; prohibited discharges; discharge standards
(c) Specific prohibitions. No User shall introduce or cause to be introduced
certain pollutants, substances, or wastewater into any public sewers or directly or
indirectly into the POTW. Those pollutants, substances or wastewater prohibited
by this subsection shall not be processed or stored in such a manner that they
could be discharged to the POTW. The following, described pollutants are
expressly prohibited:
(14) Any waters or wastes having a pH lower than 6.0, any waters or
wastes having a pH in excess of 11.0, or having any corrosive property
capable of causing damage or hazard to structures, equipment, or
personnel of the publicly owned treatment works, or that interferes with
any treatment process. Notwithstanding this provision, New Energy
shall users may be authorized to discharge at a pH in excess of 11.0
but not to exceed 12.0 in keeping with its odor abatement efforts. Such
authorization will be specified in the user's wastewater discharge permit.
(17) Medical -Wwastes, a Fc °l.'. authorized b t. Di
��t. .�.ye� � � 4 y cam- oixcecvi:
that are not amenable to treatment, that cause Pass Through or
Interference. that may contribute to blockages in the collection system or
that create a hazard to POTW workers. The Director may require that a
wastewater discharge permit be obtained in order to discharge certain
medical wastes.
(f) Local Standards.
(1) The Director is authorized to establish ILocal Limits pursuant to 40
CFR 403.5(c).
2
(2) The following pollutant limits are established to protect against Pass
Through and Interference. Th°. se limita4iens ffla5, be applied as eithe
instanAameeus limitations of daily ffiwdnium limitations. No persen
Significant Industrial User shall discharge wastewater eenteining in excess
of the following daily maximum discharge limitations: [0.00019) mg/L
total mercury.
(3) The Director may, at the Director's sole discretion, implement local
limits through allocation of the Maximum Allowable Industrial Load
(MAIL) to Significant Industrial Users. The MAIL is the total daily
loading of a pollutant available to be allocated to all Significant Industrial
Users. MAILs for the following_ pollutants are hereby incorporated by
reference:
F0.31 -a- Arsenic
X0.51 arc Cadmium
X7.53 rn /4-c Chromium
X1.6] Higl -e Copper
x-1-6] rrtg''1 -c Cyanide
X1.61 mg -1 Lead
[ 0.1] mg /1 r- 1.9 }rrtg'1 n Nickel
[ 1.8] mgrs Silver
[ 3-0j ---nom 4-z Zinc
(4) Significant Industrial Users (SIU) who have not been given an
allocation for one of the pollutants listed above shall notify the City of
South Bend at least 90 days in advance of a change in the characteristics of
their wastewater that would increase the expected concentration of that
pollutant in their wastewater discharge. In addition, the City may
determine at any time that an SIU wastewater discharge requires a
limitation for a pollutant, regardless of the concentration levels listed
below, and may then develop a limit based on the MAIL. In any case, SIU
discharge that is found to contain in excess of the following concentrations
will be reviewed for the need for a limit. The Director may require more
sensitive analysis when results are reported as less than the following
concentrations or less than greater concentrations:
Arsenic --0.2 mg /L
Cadmium --0.1 mg/L
Chromium -2.0 mg/L
Copper -0.3 mg/L
Lead -0.3 mg/L
Nickel -0.3 mg /L
Silver -0.2 mg/L
Zinc -0.3 mg/L
Cyanide -0.1 mg/L
SECTION 1I. Chapter 17, Article 2, Division 3, Section 17 -10, Subparts 17 -10 (k)(1), (n)(4),
(p)(1), (p)(2)(b), and (w)(4) of the South Bend Municipal Code shall be amended to read as
follows:
Sec. 17 -10. Pretreatment of industrial wastewater and permits for wastewater
discharge, Board of Works powers.
(k) Permit Appeals.
(1) An administrative appeal from any terms of an individual wastewater
discharge permit issued under this Section shall be made pursuant to
Section 17 -1(0 (Qof this Division, but the effectiveness of the individual
wastewater discharge permit shall not be stayed pending the administrative
appeal.
(n) Individual Wastewater Discharge Permit Cessation, Revocation, Transfer,
Reissuance.
(4) The Director may revoke an individual wastewater discharge permit
for good cause, which shall be subject to appeal under Section 17 -11(e)f
of this Division, but the effectiveness of revocation shall not be stayed
pending administrative appeal. Reasons for permit revocation by the
Director include but are not limited to the following:
n
u
(p) General Standards for Reports
(1) Analytical Requirements
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or report
shall be performed in accordance with the techniques prescribed in 40
CFR Part 136 and amendments thereto, unless otherwise specified in an
applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not
contain sampling or analytical techniques for the pollutant in question, or
where the EPA determines that the Part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling and
analyses shall be performed by using validated analytical methods or any
other applicable sampling and analytical procedures, including procedures
suggested by the Director or other parties approved by EPA.The Director
may require more sensitive analysis if reported pollutant concentrations
are not sufficient to determine compliance with Pretreatment Standards or
to determine if such Standards are necessary.
(2) Sample Collection
(w) Bypass
b. Except as indicated in Sections 3 c and-4— d below, the
User must collect samples using 24 -hour flow proportional
composite sampling techniques unless time - proportional composite
sampling or grab sampling is authorized by the Director. Where
time - proportional composite sampling or grab sampling is
authorized by the Director, the samples must be representative of
the discharge Using preteeeln (inehiding appropriate « .ntien)
speeified in 40 GFR M4 136 and appFepriate EPA .idanee
f
..Triple grab samples eelleeted during a 24 hour period p. , he
eemposited p . to lnherntery analysis as f 11........ f r e «ide
!eta! phenels, and sulfides the samples may be eempesited in th
e
lnherate.... or in the field; f r velatile organie eempounds and oil
and grease, then plea may hen sited in the laboratory. Grab
n Riplen ffiay he required to show semplianee with instantaneous
I itmits:
5
(4) Bypass Prohibition
(b) The Director may approve an anticipated bypass, after
considering its adverse effects, if the Director determines that it
will meet the three conditions listed in p; ragrap" (4)(in �,4-ef4hi,
C'c .Subpart (a)(i) through (iiil above.
SECTION I11. Chapter 17, Article 2, Division 3, Section 17 -11, Subparts (a)(7), (c), (d)(1) and
(d)(2) of the South Bend Municipal Code shall be amended to read in its entirety as follows:
Sec. 17 -11. Administrative Enforcement Remedies, Costs, Fees, Director
Reconsideration, User Appeals, Judicial Review.
(a) Administrative Enforcement Remedies.
(7) Termination of Discharge
In addition to the provisions in Subsection (n)(4) "Revocation of Permits"
of this Section 17 -10, any User who violates the following conditions is
subject to discharge termination:
(i) Violation of individual wastewater discharge permit conditions;
(ii) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(iii) Failure to report significant changes in operations or
wastewater volume, constituents, and characteristics prior to
discharge;
(iv) Refusal of reasonable access to the User's premises for the
purpose of inspection, monitoring, or sampling; or
G'.
(v) Violation of the Pretreatment Standards in Section 17 -8 of this
Article.
Such User will be notified of the proposed termination of its discharge and
be offered an opportunity to show cause under this Sub8section 17 -11(e)
a 3 why the proposed action should not be taken. Exercise of this
option by the Director shall not be a bar to, or a prerequisite for, taking any
other action against the User.
(c) Administrative Fee�Fines
(d) Director Reconsideration and User Administrative Appeals
(1) Actions Subject to Director Reconsideration and/or Board of Works
Appeal. Any User aggrieved by a final action delegated to the Director
under:
(a) SubSsection 17- 10(a)(2) requiring a User to restrict the
volume or point of discharge;
(b) SubSsection 17- 10(a)(3) requiring a User to install a storage
or flow - control facility;
(c) SubSsection 17- 10(a)(2) denying a permit transfer; or
(d) Subsection 17- 10(n)(4) revoking a permit.
(e) This Section 17 -11, subsection (a), issuing any authorized
Administrative Enforcement Remedy.
(f) Subsection 17 -10(j) Wastewater Discharge Permit Issuance
(¢) Section 17 -13 Supplemental Enforcement Action
may request reconsideration by the Director within fifteen (15)
days of such Director action, and the Director shall have thirty (30)
days from receipt of request to make a decision related to
reconsideration. If the Director fails to act within thirty (30) days
7
from receipt of the request, or if the Director's reconsideration
decision is unsatisfactory to the User requesting reconsideration,
the User may appeal such decision to the Board of Public Works
upon submission of a written petition for review filed with the
Board of Public Works within seven (7) days after notification of
the Director's decision, or if the Director fails to act, then the
written petition for review shall be filed with the Board of Public
Works thirty -five (35) days the date of request for Director
reconsideration.
(2) Filing Requirements and Procedure
(b) A request for Director reconsideration and a petition for
appeal shall be deemed timely filed if delivered in person to the
Director's office in the case of a request for reconsideration or the
Board's office in the case of petition for appeal, of 1...� le�ani
tratism-issiea; or if sent by mail, it is post- marked on or before the
fifteenth (15`h) day in the case of a request for Director
reconsideration, or within seven (7) or thirty -five (35) days in case
of a petition to the Board for appeal as described in above
Subsection 17- 1l(d)(1).
SECTION IV. Chapter 17, Division 3, Section 17 -13 subparts (a) and (g) of the South Bend
Municipal Code shall be amended to read as follows:
Sec. 17 -13. Supplemental Enforcement Action
(a) Penalties for Late Reports
A penalty of two hundred fifty dollars ($250.00) may be assessed to any
User for each day that a report required by this Division, a report required by a
permit or order issued hereunder is late. A report that is incomplete may be
considered to be a late report Actions taken by the Director to collect late
reporting penalties shall not limit the Director's authority to initiate other
enforcement actions that may include penalties for late reporting violations,
E
(g) Administrative Appeal.
Appeal of Director action under subparts (a) through (d) of this Section 17-
13 is subject to the terms of Section 17 -11(sj Hof this Division specifying
Director reconsideration and/ or administrative appeal. Appeal of a termination of
water service under subpart (e) of this Section shall be subject to judicial review
under Section 17 -11(d) (e)-ofthis Division.
SECTION V. —This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Attest:
City Clerk
Member of the Common C uncil
aI ,?131n OrN fz, �j?;„!t"�188n
star E;ra � Bd�
Oi'1' fd `°
CoAd l on t�s r
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 RFA.DING - — I y -1 I
PUCL;C HEARING
3 rd READ%IG
NOT APPROY)D
RfHUM
PASSW.
0
City Clerk
of
2 ,
Mayor, City of South Bend, Indiana
Filed k ;,<:A Office
8 10.14
JOHN Yt >U1laD
CITY CLERK, SOUTH BEND, IN
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
July, 7, 2014
Mr. Oliver Davis
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 17, Article 2, Division 3
Regarding the Industrial Pretreatment Program
Dear President Davis:
Earlier this year, the South Bend Common Council approved Resolution 114319 -14 that described
the Council's intentions regarding adoption of revisions to Chapter 17 of the South Bend Municipal
Code. The revisions are related to the requirement to operate an approved Industrial Pretreatment
Program. As part of this requirement, the City of South Bend is required to develop and implement
wastewater local limits for Significant Industrial Users. The City also has to determine that local limits
are adequately protective of the Wastewater Treatment Plant and the St. Joseph River. An evaluation of
local limits was completed, and after review by the US EPA it was determined that certain pollutant
limitations required revision. The attached ordinance amendment to Chapter 17 includes these
revisions. These revisions have also been subject to public comment for more than 30 days, and no
objection has been received.
In accordance with US EPA requirements, the amendment to Chapter 17 is attached for your
review and approval.
Either Al Greek or I will present this ordinance at the Council's Committee meeting and at the
public hearing. If you have any further questions or need additional information, please let me know.
Thank you for your consideration.
Sincerely,,
tnc riorvath Flied in fR
Director of Public Wo - -- - -,, �i�@
F2 11 i A 1014 i
LJOHN
C1iY.-LERX, soU i H SEND, IN
&M
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, SUSPENDING ENFORCEMENT OF CHAPTER 4, ARTICLE 4, SECTION
4 -21 OF THE SOUTH BEND MUNICIPAL CODE PENDING FURTHER STUDY AND
REVIEW
STATEMENT OF PURPOSE AND INTENT
On December 9, 2013 the South Bend Common Council passed Ordinance No. 10274 -13
which amended Chapter 4, Article 4 of the South Bend Municipal Code to add a new Section 4-
21 regulating busking, which is the performance of entertainment by individuals on public
sidewalks. Ordinance No. 10274 -13 was "designed to be a pilot program" with formal "review
by the South Bend Common Council and the City Administration no later than August 1, 2014."
It is appropriate that the Council and City Administration undertake full and complete
review of Ordinance No. 10274 -13 to determine its efficacy, its scope, and its terms and
conditions in light of its status as a pilot program. Such review is expected to take several
months, during which time it is appropriate that enforcement of the Ordinance cease.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. Chapter 4, Article 4, Section 4 -21 of the South Bend Municipal Code shall be
committed to review and study by the Common Council and by the City Administration which
shall provide a report to the Council by December 31, 2014.
Section II. Until further action is taken or written directive is issued by the Council, the
City's enforcement of Chapter 4, Article 4, Section 4 -21 shall cease indefinitely.
Section III. This Ordinance shall be in full force and effect upon adoption by the
Council and approval by the Mayor.
N-
3
Member, South Bend Common duncil
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
of
, 2 —, at o'clock m.
City Clerk
Approved and signed by me on the day of
o'clock _ m.
t st READING
PU3L!C HEARING
3rd READING
NOT APPROVED
RLFERRED.
PASSED
day
2 , at
Filed In clerk's Office
JOHN V fa:t!rUR
CITY CLERK, SO i H BEND, IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
July 9, 2014
Mr. Oliver Davis
President, South Bend Common Council
4`h Floor, County -City Building
South Bend, IN 46601
PHONE: 574 /235 -9371
FAX: 574/235 -9021
Re: A Bill For Further Study of Busker Ordinance and to Suspend Its Enforcement
Dear President Davis:
On December 9, 2013 the South Bend Common Council passed Ordinance No. 10274 -13
which amended Chapter 4, Article 4, by adding a new Section 4 -21. This new Section licensed
and regulated "busking" which is the performance of entertainment by individuals on public
sidewalks. The Statement of Purpose and Intent of Ordinance No. 10274 -13 designated it as a
"pilot program" for which review by the Common Council and City Administration was to take
place by August 1, 2014.
The attached Ordinance directs that Municipal Code Chapter 4, Article 4, Section 4 -21 be
reviewed and studied for efficacy, scope, terms and conditions, and that pending further action
by the Council, enforcement of the ordinance be suspended. The Ordinance provides for a
Report to Council by December 31, 2014.
I will present this Ordinance to the South Bend Common Council at its formal meeting
and at its appropriate Committee meeting which is anticipated to take place July 28, 2014. An
attorney from the City's Department of Law may be present to answer any legal questions you
may have.
Thank you for your consideration of this matter.
sited it Clerk's 0Fae
E JUL U9 [Otd
JOHN, kl�
J
CITY CLERK, s: o,;% t EFND, IN
Sincerely,
Michelle Adams, Licensing Director
ASSISTANT EXECUTIVE DIRECTOR PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES
CHRISFIELDING JITIN KAIN PAMELA C. MF.YER BROCKZEEB
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND
ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN
ECONOMIC DEVELOPMENT TARGET AREA
(River Race Townhomes)
STATEMENT OF PURPOSE AND INTENT
Pursuant to the authority granted by Indiana Code Section 36 -7 -12 et seq. and in
furtherance of economic development within the City of South Bend, Indiana (the
"City "), the South Bend Economic Development Commission (the "Commission "), has
investigated, studied and surveyed the need for additional job opportunities within the
City and has made recommendations concerning economic development possibilities
within the City. Based on its investigatory action, studies and surveys, the Commission
has determined that it is necessary to designate a specific geographic area within the City
as an Economic Development Target Area ( "BDTA ") because such area has become
undesirable or impossible for normal development and occupancy due to lack of
development, cessation of growth, deterioration of improvements or character of
occupancy, age, obsolescence, substandard buildings or other factors that have impaired
values or prevented a normal development of property or use of property.
The property known as the northwest corner of Niles Avenue and Jefferson Blvd.,
South Bend, Indiana, (the "Property ") has been vacant for many years, with many
investors having reviewed the Property for investment and development purposes, and
each having dismissed the Property as not appropriate for investment and development.
Based upon all of the above facts, the Commission at a regular meeting held on
June 20, 2014, approved Resolution No. 2014 - 4, a true copy of which is attached hereto
and incorporated herein as Exhibit "A." The Resolution designates the Property, located
in South Bend, Indiana, as an Economic Development Target Area, which Resolution the
South Bend Common Council, as fiscal body for the City, now desires to approve by
enacting this ordinance pursuant to Ind. Code Section 6- 1.1- 12.1 -7(a).
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City
of South Bend, Indiana, as follows:
SECTION I. The South Bend Economic Development Commission's Resolution
No. 2014 - 4 adopted on June 20, 2014, a copy of which is attached hereto as Exhibit "A"
and incorporated herein, is hereby and in all ways approved.
SECTION II. The Property located at the northwest corner of Niles Avenue and
Jefferson Blvd., in the City of South Bend, Indiana, comprising parcel numbers 18 -5010-
028510 and 18 -5010- 028511, is hereby designated, determined and declared to be an
Economic Development Target Area pursuant to Ind. Code Section 6- 1.1- 12. -7, with all
rights and benefits conferred and authorized by law.
SECTION IIl. 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 C uncil �t an
id
or
Attest: couneg ac>iiu?S u nn
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of
2014, at o'clock _. m.
City Clerk
Approved and signed by me on the _ day of 2014, at
o'clock . m.
Mayor, City South Bend, Indiana
t sr r,ODiraG
7-N -t
PUBLIC NEARING
3rd READI'rZ
NOT APPROVO
REFERRED
PASSED
Filed in ... _...__ ` ice
r.—__....._ m ..:.............._,_
.Dt�6�ISti 'd `y�M; iu�..
CIS CL6"sli C, SOUTH BEND), IN
RESOLUTION NO.aM4 —
A RESOLUTION OF THE SOUTH BEND ECONOMIC )DEVELOPMENT
COMMISSION RECOMMENDING THE ESTABLISHMENT OF
AN ECONOMIC DEVELOPMENT TARGET AREA
(River Race Townhomes)
WHEREAS, the South Bend Economic Development Commission (the
"Commission ") exists and operates pursuant to the provisions of Indiana Code § 36 -7 -12,
et seq.; and
WHEREAS, under the authority granted by Indiana Code § 36 -7 -12, et seq. and
in furtherance of economic development in the City of South Bend (the "City "), the
Commission has investigated, studied and surveyed the need for additional job
opportunities within the City and has formed recommendations concerning the economic
development possibilities within the City; and
WHEREAS, based upon such investigations studies and surveys, the
Commission has determined that it is necessary to designate a specific geographic area
within the City as an Economic Development Target Area ("EDTA ") because such area
has become undesirable or impossible for normal development and occupancy because of
a lack of development, cessation of growth, deterioration of improvements or character of
occupancy, age, obsolescence, substandard buildings, or other factors that have impaired
values or prevent a normal development of property or use of property; and
WHEREAS, the property known as the northwest corner of Niles and Jefferson
(the "Property ") has been vacant for many years, numerous investors have reviewed the
Property for investment and development purposes and each has dismissed the Property
as not appropriate for investment and development; and
WHEREAS, the Commission now desires to recommend to the South Bend
Common Council the designation of the northwest corner of Niles and Jefferson as an
EDTA.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Economic
Development Commission that:
1. A favorable recommendation is made to the South Bend Common Council
for the establishment of the northwest comer of Niles and Jefferson as an Economic
Development Target Area, such area comprising the parcel numbers 18 -5010- 028510 and
18- 5010 - 028511 in accordance with Indiana Code § 6 -1.1- 12.1 -7.
227 W. JEFFERSON BOULEVARD
SUnz 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
July 7, 2014
Mr. Oliver Davis, President
South Bend Common Council
4t" Floor County -City Building
South Bend, IN 46601
RE: Establishing an Economic Development Target Area
Northwest Corner of Niles Avenue and Jefferson Blvd.
River Race Townhomes
Dear President Davis:
PHONE: 574/235 -9371
FAX: 574/235 -9021
Attached for the Common Council's consideration is a proposed ordinance which
approves and adopts a recommendation made by the South Bend Economic Development
Commission establishing an Economic Development Target Area for the parcels located
at the northwest comer of Niles Avenue and Jefferson Blvd. in the City of South Bend.
This corner property has been vacant for many years, with many investors having
reviewed this property for investment and development purposes, and each having
dismissed the property as not appropriate for investment and development.
The South Bend Economic Development Commission, in furtherance of economic
development within the City of South Bend, has investigated, studied and surveyed the
need for additional job opportunities within the City and has made recommendations
concerning economic development possibilities within the City. Based on its investigatory
action, studies and surveys, the Commission has determined that it is necessary to designate
the northwest comer of Niles Avenue and Jefferson Blvd., in the City of South Bend as an
Economic Development Target Area which will make this property a more attractive
investment and facilitate the development and occupancy of this comer, which is currently
a parking lot.
I will present this Ordinance to the Commo
Thank ou `" � Iffice
YF}iB�eiiAsSdratioii.._
PLANNING
JITIN KAIN
L 10L 6 2014
JOHN VOCJ Di
e.FFAK, SOUTH BEND, IN
NEIGHBORHOOD ENGAGEMENT
PAAIELA C. MEYER
Council.
SrZely
rrock Zeeb
BUSINESS DEVELOPMENT ECONOMIC RESOURCES
CHRIS FIELDING BROCK ZF.EB
EXHIBIT "A"
NOTE: The City of South Bend Zoning Ordinance, requires the use of this form in recording
commitments made with respect to Development Plan Approvals, Zone Map Changes or Planned
Unit Developments in accordance with I.C. 36 -7 -4 -613 or I.C. 36 -7 -4 -615.
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE
IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR
PLANNED UNIT DEVELOPMENT REQUIRED
BY THE CITY OF SOUTH BEND ZONING ORDINANCE
In accordance with I.C. 36 -7 -4 -613 or I.C. 36 -7 -4 -615, 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:
Parcel I (Legal Description of Project site);
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2, T.37 N., R. 2 E., CITY OF SOUTH
BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING DESCRIBED AS; LOTS
# 7, 8 AND THE WEST HALF OF A 14 FT. WIDE VACATED ALLEY ALONG THE EAST LINE OF
SAID LOT # 7 ALL BEING IN THE PLAT OF "CUSHINGS ADDITION" AS RECORDED IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE.
CONTAINING 0.37 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD,
ALSO COMMONLY KNOWN AS 1119 LINCONWAY WEST, SOUTH BEND, INDIANA.
STATEMENT OF COMMITMENT:
1. The owners of the above described real estate state for Parcel I state they are providing
through this Commitment the Grocery /Convenience Store shall have no sales Liquor, Beer or
Wine.
2. The owners agree to limit the hours of operation at the above described real estate state for
Parcel I to 5:00 am -11:00 pm daily.
This COMMITMENT 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. This COMMITMENT may be modified or terminated by a decision of the South Bend
Common Council made at a public hearing after proper notice has been given.
1 INIMAN2 742019A Ord. No.: 9495 -04
Ord. No.: 9495 -04
Preliminary Plan for Building
at 1119 Lincolnway West
r'
Re6'Iste�/ �
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Damick Hurner &Aeeaciatee, hm—
Land Surveyors •Professional Engineers
Landscape Architects. Land Planners
0tllca: (574)234 -4003 / (800)584 -4003. • Fax: (574)234 -4118
1643 Commerce DrVa • South Bond. IN 46628
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General Notes: \ 4`0
A). No Liquor, Beer or Wine sales;
B). Store Hours: 5:00 am —11:00 pm
Preliminary Store Floor Plan
Scale 1" = 10'
Damick Hurner &Aeeaciatee, hm—
Land Surveyors •Professional Engineers
Landscape Architects. Land Planners
0tllca: (574)234 -4003 / (800)584 -4003. • Fax: (574)234 -4118
1643 Commerce DrVa • South Bond. IN 46628
Janice Talboom
From:
Mike Danch <mdanch @danchharner.com>
Sent:
Friday, July 25, 2014 2:52 PM
To:
Janice Talboom
Subject:
Special Exception for 1119 LWW
Attachments:
scan870.pdf; Sam Ammori Written Commitments for 1119 LWW.doc; FW: brick
Janice: attached is the floor plan and written commitments for the above Special exception site. Also included is a copy
of the image taken to reflect the architecture that would be similar to be used for the new building, but will be done in
earth tone colors. Thanks Mike 234 -4003.
&M No- CA'- (03
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA
FOR THE PROPERTY LOCATED AT
1119 LINCOLNWAY WEST, SOUTH BEND, INDIANA
WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana
Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval
or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals
makes its recommendation to the Council pursuant to I.C. 36 -7-4- 918.6; and
WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to
Indiana Code Section 36- 7- 4- 918.4, and
WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of
Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exceptions be granted for the
properties located at:
(1119 LINCOLNWAY WEST, SOUTH BEND, INDIANA)
in order to permit:
Approval of a Special Exception Use as allowed under Section 21 -03.04 (a)(2)(A) Automotive Uses, of the
City of South Bend Zoning Ordinance to allow for a Gasoline Service Station facility (without repairs) on
property zoned LB Local Business District.
SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council
hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the
City Clerk.
SECTION M. The Common Council of the City of South Bend, Indiana, hereby finds that:
1. The proposed uses will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare;
2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values
therein;
3. The proposed uses will be consistent with the character of the district in which it is located and the
land uses authorized therein;
4. The proposed uses are compatible with the recommendations of the City of South Bend
Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i).
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the
Area Board of Zoning Appeals, which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council
and approval by the Mayor.
.rE
Member of the Common Co cil
ne^r,n•'F' ' =•'
Filed in Cierkis Office
MAY I Z N14
JOHN VOORDE
CITY 04ERK, SOUTH SEND, IN
v
Oanch, "arner 4& Associates, Inc.
Land Surveyors W Professional Engineers
Landscape Architects • Land Planners
Office: (574)234 -4003 / (800)594 -4003 Fax: (574)234 -4009
1643 Commerce Drive ■ South Bend, IN 46628
Honorable Members of the City of May 12, 2014
South Bend Common Council
4th Floor County -City Building
South Bend Indiana 46601
RE: Special Exception Petition for property at
1119 Lincolnway West, South Bend, Indiana:
Dear Council Members:
Our clients are requesting the approval of a Special Exception
for their property located at 1119 Lincolnway West, South Bend,
Indiana. The Special Exception will allow for the operation three
gasoline pumps at a proposed Convenience /Grocery store facility.
Our clients believe that the approval of the proposed Special
Exception will fit with the nature of the Convenience /Grocery store
and allow for additional services at this small commercial node
that will benefit the surrounding residential uses.
If you have any questions concerning this matter, please feel
free to give me a call at 234 -4003.
Sincerely,
Michael J. Danch
President
Danch, Harner 6 Associates, Inc.
File # 140130 Md. "Cr,
NO.
NOTIFIED
AREA BOARD OF ZONING APPEALS
OF
ST. JOSEPH COUNTY, INDIANA
, 20
APPEAL
FILED_
HEARING
20
20
Applicant's Name: Sam & Wadad Ammori Phone 876 -5147
Address: 51343 Lilac Road, South Bend, Indiana 46628
Address of Property: 1119 Lincolnway West, South Bend, Indiana 46616
Present Zoning of Properties: "LB" Local Business District
Owner's Name: Sam & Wadad Ammori Phone 876 -5147
Address: 51343 Lilac Road, South Bend, Indiana 46628
Counsel or Consultant:
Address: 1643 CCbMRC
DRIVE, SOUTH BEND, INDIANA
Mlele ]
TO THE AREA BOARD OF ZONING APPEALS OF
ST. JOSEPH COUNTY, INDIANA
Appeal is hereby taken from the decision of the Building Commissioner
in the matter of erecting, occupying, building, addition at
1119 Lincolnway West, South Bend, Indiana 46616
NATURE OF APPEAL:
REQUESTED VARIANCES & SPECIAL EXCEPTION:
PARCEL "A" Zoned "LB" Local Business District:
1). A Variance to encroach into the 30 ft. Front Residential Bufferyard
area along Lindsey Street (North property line) , Blaine Avenue (West
property line) and Lincolnway West (South property line) to a minimum of
5 ft. for parking spaces, proposed building, sidewalk and a Canopy
facility with pumps as shown.
2). A Variance to encroach into the 10 ft. Side yard along the East
property line to a minimum of 2.50 ft. for a proposed Dumpster and
Dumpster enclosure as shown.
3). A Variance from the requirement of providing perimeter trees at a
minimum rate of one (1) over -story deciduous tree every forty (40) feet
along the North, East, South and West property lines to providing a
minimum of three (3) trees along the West property line (Blaine Avenue)
2
and two (2) trees along the North property line (Lindsey Street) , three
(3) trees along the South property line (Lincolnway West) and no trees
along the East property line.
4). A Variance from the requirement of providing a minimum of a 6 ft.
wide landscape planting area along the Blaine Avenue and Lincolnway West
fagades of the proposed building to no landscaping as shown.
5). A Variance from the requirement of providing Type "B" Residential
Bufferyard screening along the North (Lindsey Street), West (Blaine
Avenue) and South (Lincolnway West) property lines to providing
landscape screening consisting of small shrubs adjacent to paved areas
and evergreen screening along the North fagade of the proposed building
as shown.
SPECIAL EXCEPTION REQUEST:
1) . Approval of a Special Exception Use as allowed under Section 21-
03.04 (a)(2)(A) Automotive Uses, of the City of South Bend Zoning
Ordinance to allow for a Gasoline Service Station facility (without
repairs) on property zoned LB Local Business District.
The Petitioners are the owners 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 "LB" Local Business District.
The property was previously used as a gasoline service station and
most recently for automotive service facility. The Petitioners desire to
raise the existing building and replace it with a Convenience/ Grocery
store with gasoline pumps. This property is located along Lincolnway
West adjacent to an existing commercial restaurant. This portion of
Lincolnway West carries over 19,000 vehicles per day.
Through discussions with the Building Department and Area Plan
Commission staffs, it was determined that in order to build the new
Convenience /Grocery store and install the gas pumps with a Canopy,
approval of a Special exception and a few Variances would be required
due to the fact the City Ordinances have changed.
More specifically, the following Variances and Special Exception are
being requested to be approved.
With regards to the required Variances, the first request is to be
allowed to encroach into the 30 ft. Front Residential Bufferyard area
along Lindsey Street (North property line), Blaine Avenue (West property
line) and Lincolnway West (South property line) to a minimum of 5 ft.
for parking spaces, proposed building, sidewalk and a Canopy facility
with pumps as shown. The existing site presently has pavement to the
North, West and South property lines with an old building located at the
Northeast corner of the property. The Petitioners would replace the
existing pavement and building with a new building as shown and a
parking area located to the West of the new building. Along Lincolnway
3
West is where the proposed Canopy with gas pumps would be located. As
shown there would be a new perimeter landscape bed with shrubbery to
buffer the parking area and drive -up area to the gas pumps from the
surrounding streets. The 2,775 sq.ft. building would be placed over the
area where the existing building was located.. The Canopy with gas pumps
would be placed along the Lincolnway West frontage. The Canopy and pumps
meet the typical 15 ft. setback required in the "LB" Local Business
District development standard, but in this situation, the adjacent
residential zoning adds an additional 15 ft. to the setbacks along the
three street frontages. Due to existing residential zoning located to
the North, West and South of the Petition site, a 30 £t. Residential
Bufferyard is now required along said property lines. No improvements
are allowed in a residential Bufferyard, which would extremely limit any
development on the property. The Petitioners are proposing to add
landscaping and some over -story trees to help soften the proposed
improvements. The Petitioners do not believe this requested Variance
would have a detrimental impact on the surrounding properties.
The second Variance request is to be allowed to encroach into the
10 ft. Side yard along the East property line to a minimum of 2.50 £t.
for a proposed Dumpster and Dumpster enclosure as shown. The placement
of the Dumpster and Dumpster enclosure was designed to keep it away from
the adjacent residential areas, but placed at a point on the site that
would allow for a trash truck to have easy access to it. The structure
is placed adjacent to a paved area on the neighboring commercial use.
The Petitioners do not believe approval of this Variance would have a
negative impact on any surrounding property.
The third Variance request is from the requirement of providing
perimeter trees at a minimum rate of one (1) over -story deciduous tree
every forty (40) feet along the North, East, South and West property
lines to providing a minimum of three (3) trees along the West property
line (Blaine Avenue) and two (2) trees along the North property line
(Lindsey Street), three (3) trees along the South property line
(Lincolnway West) and no trees along the East property line.
The Petitioners would state that this property has existing
overhead main power lines running along the East side of the property
and a overhead power line running along the South property line. As
planned the Petitioners will be adding trees as shown along the North,
West and South property lines in the landscape areas. The addition of
these trees from what presently exists should help with the softening of
the streetscape view along the frontages of the petition site. The
petitioners believe that with the addition of the proposed over -story
trees they are meeting the intent of the City's ordinances. The
Petitioners do not believe approval of this request would have an
adverse affect on surrounding properties.
The fourth Variance request is from the requirement of providing a
minimum of a 6 ft. wide landscape planting area along the Blaine Avenue
and Lincolnway West fagades of the proposed building to no landscaping
as shown. The Petitioners would state that they are attempting to
provide a Convenience /Grocery store facility that will include several
4
types of fresh produce items for the local neighborhood residents. This
type of facility does not presently exist along the entire length of the
Lincolnway West corridor. By having these items available, the
Petitioners have designed a store of a larger size. They have placed
their priority on having landscaping along the perimeter of the site
closest to the adjacent residential homes, as compared with having a few
shrubs adjacent to the building. The Petitioners do not believe approval
of this variance would be detrimental to any surrounding property.
The last Variance request is from the requirement of providing Type
"B" Residential Bufferyard screening along the North (Lindsey Street),
West (Blaine Avenue) and South ( Lincolnway West) property lines to
providing landscape screening consisting of small shrubs adjacent to
paved areas and evergreen screening along the North fagade of the
proposed building as shown. As previously mentioned, the Petitioners are
providing a mixture of landscaping along the perimeter of the site. This
also includes providing evegreen screening along the North fagade of the
proposed building. This will help buffer the building from the adjacent
residential on the North side of Lindsey Street. The Ordinance would
require evergreen trees every 12.5 feet along three sides of the site
that is adjacent to residential uses. For a site that has three street
frontages with residential across each street, that requirement would be
quite extreme for any commercial use on a small site. The Petitioners
believe approval of this request for improvements would not have an
adverse affect on surrounding properties.
The Petitioners are also requesting approval of a Special Exception
Use as allowed under Section 21 -03.04 (a)(2)(A) Automotive Uses, of the
City of South Bend Zoning Ordinance to allow for a Gasoline Service
Station facility (without repairs) on property zoned LB Local Business
District. Under the "LB" Local Business District standards, Gasoline
Service Station (without repairs) requires approval of a Special
Exception. The Petitioners believe approval of the Special Exception
will allow for the neighborhood residents to have a facility that is
close to their homes where they can shop as well as fuel their vehicles.
This site is located along one of the City's main arterials with a high
daily traffic count. The Petitioners believe the residents would prefer
to have a clean, modern facility which combines the ease of shopping for
needed items and fueling their cars which is closer to their homes.
The Petitioners would state that the proposed use will not be
injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare. The proposed small Gasoline
Service Station should be an added convenience for patrons using the
facility. The Petitioners would state that the proposed use will not
injure or adversely affect the use of the adjacent area or property
values therein. The proposed Gasoline Service Station is small in size
and fits with the proposed Convenience /Grocery store. The gas pumps are
secondary to the primary use of the property which are items sold in the
Convenience /Grocery store. With the proposed new building and
5
landscaping, values on adjacent properties should not be adversely
affected. The Petitioners would state that the proposed use will be
consistent with the character of the district in which it is located and
the land uses authorized therein. The combination of the existing
Convenience/ Grocery store with the addition of the gas pumps is in
keeping in character with of the district and the surrounding
neighborhood. The Petitioners would state that the proposed use is not
specifically shown with the recommendations of the City of South Bend
Comprehensive Plan. The City Comprehensive plan shows that this portion
of Lincolnway West is appropriate for Commercial along with low & medium
density residential development. The Petitioners believe the proposed
combination Convenience /Grocery store with gas pumps would provide added
services to the existing residential uses and those using Lincolnway
West arterial corridor.
The Petitioners would ask the Board Members to agree that approval of
the above described Variances and Special Exception requests will not
have a detrimental affect for this area, nor would the property values,
public's health, safety, morals, or general welfare be adversely
affected.
The Petitioners contend that the strict application of the terms of
the Zoning ordinance will constitute an unusual and unnecessary hardship
as applied to the property for which the Variances and Special Exception
are sought: that the need for the Variances and Special Exception arises
from such condition peculiar to the property in the same Zone: and that
the use or value of the area adjacent to the property described in the
Petition for the Variances and Special Exception will not be injurious
to the public health, Safety, morals, or general welfare of the
community.
I attest, under the penalties for perjury, that the foregoing
representations are true.
Michael J. Danch
President
Danch, Harner & Associates, Inc.
Property Owners
Within 300 Feet
Jerry Swoak
Shawn Harris
VML Properties LLC
6388 Kentstone Dr
PO Box 770
1110 LincolnWay West
Indianapolis, IN. 46268
Dolton, IL. 60419
South Bend, IN. 46616
Tax Key # 018 1035 1511
Tax Key # 018 1036 1570
Tax Key # 018 1035 1505
Community V Investment Group LLC
Amy Block
LincolnWay West Development
1114 LincoonWay West
612 Cleveland Rd
1202 LincolnWay West
South Bend, IN. 46616
South Bend, IN. 46628
South Bend, IN. 46616
Tax Key # 018 1035 1503
Tax Key # 018 1036 1566
Tax Key # 018 1036 1562
Herman Smith
Deutsche Bank National Trust Company
Barry Chamberlain
608 Clevelenad Ave
Chase Manhattan Mtge.Corp
1209 LincolnWay W
South Bend, IN. 46628
San Diego, CA. 92150
South Bend, IN. 46616
Tax Key # 018 1036 1567
Tax Key # 018 1076 3193
Tax Key # 018 1077 3227
Karimi Mbae
Lucia Martha Mejias
Victor & Barbara Lopez
1203 LincolnWay West
1203 LincolnWay W
1110 LincolnWay West
South Bend, IN. 46616
South Bend, IN. 46628
South Bend, iN. 46616
Tax Key # 018 1077 3228
Tax Key # 018 1077 3231
Tax Key # 018 1036 1501
Carola Venczel
Stephanie Howe
Terrence & Sheila Stroud
1119 Lindsey
1115 Lindsey
1613 N Adams St
South Bend, IN. 46616
South Bend, IN. 46616
South Bend, IN. 46628
Tax Key # 018 1077 3237
Tax Key # 018 1077 3238
Tax Key # 018 1077 3229
Financial Intelligence Group Inc
Victor & Barbara Lopez
Marie Williams
6131 Orangethorpe Ave
1110 LW W
1013 5 2n6 St
Buena Park, CA. 90620
South Bend, IN. 46616
Elkhart, IN. 46516 -
Tax Key # 018 1035 1521
Tax Key # 018 1035 1504
Tax Key # 018 1036 1561
Oscar Lottie
Peggy Sue Johnson
Manuel Vicotr Lopez
610 Blaine St
715 N Blaine St
1110 LinconWay West
South Bend, IN. 46601
South Bend, iN.46616
South Bend, IN. 46616
Tax Key # 018 1035 1512
Tax Key # 018 1079 3310
Tax Key # 018 1035 1500
TLR IN LLC
Greater Mount Calvary Missionary
Penny Passenger
1185 Ave of the Americas FL 18
Baptist Chinch Inc
1212 LincolnWay West
New York, NY 10036
1047 LincolnWay West
South Bend, IN. 46628
Tax Key # 018 1077 3247
South Bend, IN. 46616
Tax Key # 018 1036 1542
Tax kPv # n1 A 1077 3243
Homecomings Financial Network
Dave Smith
Karl Newborne
3962 Red Bank Rd
PO Box 2544
2119 Foxboro Ct
Cincinnati, OH. 45227
South Bend, IN. 46680
Mishawaka, IN. 46545
Tax Key # 018 1077 3236
Tax Key # 018 1036 3214
Tax Key # 018 1.036 1543
Stephanie McMorris
Karen Smith
Bennie & Pit,-!in,- Diggins
2009 N Brookfield St
26041 Dolores Av
3841 Chaffey Dr
South Bend, IN. 46628
South Bend, IN. 46619
New Port Richey, FL. 34652
Tax Key # 018 1036 1564
Tax Key # 018 10361564
Tax Key # 018 1036 1563
Yvonne Hansberry
Phyllis Lawson
Harriet Pinckert
1216 LlncolnWay W
714 N Blaine St
PO Box 4154
South Bend, IN. 46628
South Bend, IN. 46616
South Bend, IN. 46634
Tax Key # 018 1036 1541
Tax Key # 018 1079 3335
Tax Key # 018 1076 3187
Wadad El Ammori
Wadad El Ammori
Wadad El Ammori
51343 Lilac Rd
51343 Lilac Rd
51343 Lilac Rd
South Bend, IN. 46628
South Bend, IN. 46628
South Bend, IN. 46628
Tax Key #018 1077 323301
Tax Key #018 1077 3233
Tax Key #018 1077 3241
Mary Hugins
Mary Alice Helm
At Carter Sr
707 Allen St
Mary Susan Bronleling
2501 W Orange St
South Bend, IN. 46616
712 N Allen
South Bend, IN. 46628
Tax Key # 018 1076 3189
South Bend, IN. 46616
Tax Key # 018 1076 3190
Tax KPv # 012 1076 8717
Fausto Doroteo
Linda Kujawski
Joel Plata
751 Allen St
270 Bellvue Loop
911 Adms St
South Bend, IN. 46616
Fayetteville, GA. 30215
South Bend, IN. 46628
Tax Key # 018 1076 3191
Tax Key # 018 1076 3192
Tax Key # 018 1.077 3222
TMQ Properties LLC
William & Robert Hubler
American Property Tax Fund
3423 W 228"' St
712 Blaine Ave
PO Box 6822
Torrance, CA. 90505
South Bend, IN. 46616
South Bend, IN.46615
Tax Key # 018 1077 3223
Tax Key 4 018 1079 3336
Tax Key # 018 1076 3188
Eugene,Fred James Clyde Jr.
Jonathan Ramos
Donald & Susan Bromeling
McCoy
203 Waring Dr
708 Allen
712 Cleveland
San Antonio, TX. 78216
South Bend, IN. 46616
South Bend, IN. 46628
Tax Key # 018 1077 3230
Tax Key # 018 1076 3213
Tax KPv # 01R 7077 3224
Paul & Martha Saenz
Malone Lloyd
Fredrick Waikao
4736 Allied Dr
715 Allen St
PO Box 504
San Diego, CA. 92120
South Bend, IN. 466' 16
South Bend, IN. 46624
Tax Key # 018 1079 3334
Tax Key # 018 1076 3186
Tax Key # 018 1079 3309
Susan Daron
(Malone Lloyd
Espino Investmens Inc
722 Blaine St
715 Allen St
4122 Bonfield PL
South Bend, IN. 46616
South Bend, iN. 46616
South Bend, iN. 46619
Tax Key # 018 1079 3333
Tax Key 411 018 1076 3185
Tax Key # 018 1036 1571
J Corp Inc
Michael & Tina Patton
Kingdom Life Christian Cathedral Inc
4004 St.Andrews Circle Apt. 1D
25839 Brick Rd
707 Sherman Ave
Mishawaka, IN. 46544
South Bend, IN. 46628
South Bend, X 46616
Tax Key # 018 1077 3246
- Tax Key # 018 1076 321501
Tax Key # 018 1076 3215
Michael & Tina Patton Michael & Tina Patton Kingdom Lifc Christian Cathedral
25839 Brick Rd 25839 Brick Rd 707 Sherman
South Send, IN. 46628 South Send, iN. 46628 South Bend, IN. 46616
Tax Key # 018 1077 3248 Tax Key # 018 1076 321501 Tax Key # 018 1076 3215
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AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite too
South Bend, Indiana 46601
(574) 235 -9554
FAX: (574) 235 -5541
June 4,2014
The Honorable Common Council
Of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception for Sam & Wadad Ammori
1119 Lincolnway West
Dear Council Members:
The above referenced petition of Sam & Wadad Ammori was legally advertised on May 15, 2014.
The Area Board of Zoning Appeals gave it a public hearing on June 4, 2014, at which time the
following action was taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Crumlish and by a 5 -0 vote,
the petition for Special Exception to allow automobile uses, a gasoline service station,
without repairs, on property located at 1119 N. Lincolnway West, is sent to the Common
Council with a Favorable Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincerely,��G
Charles C. Bulot, C.B.O.
Building Commissioner
CCB /cah
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
July 17, 2014
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Real Property Tax Abatement Petition for:
River Race Townhomes, LLC
Dear Council Member Ferlic:
6 LM
PHONE: 574/235 -9371
FAx:574/235 -9021
Please remove from consideration the tax abatement for the above- referenced petitioner.
The project called for the construction of a mixed -use development at 122 South Niles
Avenue.
There are numerous agreements pertinent to the sale of the site. There is some ambiguity
in the documents. The Department of Community Investment has asked for further legal
review to determine if tax abatement is allowable.
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 -9339.
Sincerely,
Brock Zeeb
Director Economic Resources
Attachments
cc: South Bend Common Council Members
Chris Fielding
Scott Ford
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITiN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS
(L 'u
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
Lot 7 Ignition Park Major Subdivision
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SEVEN (7) YEAR REAL
PROPERTY TAX ABATEMENT FOR
CATALYST, LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as Lot 7
Ignition Park Subdivision , South Bend, Indiana, and which is more particularly described as
follows:
A PART OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH,
RANGE 2 EAST PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT
THE POINT OF THE INTERSECTION OF THE WEST LINE OF FRANKLIN STREET
WITH THE NORTH LINE OF STULL STREET; THENCE ALONG SAID NORTH LINE
FOR THE NEXT FIVE (5) COURSES, SOUTH 890- 21' -45" WEST A DISTANCE OF 448.14
FEET AND SOUTH 790- 04' -37" WEST A DISTANCE OF 143.69 FEET AND ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 329.00 FEET AND HAVING AN ARC
DISTANCE OF 7.08 FEET, TO THE END OF A CHORD BEARING SOUTH 190- 31' -39"
EAST, AND HAVING A DISTANCE OF 7.08 FEET AND SOUTH 79 °- 04' -37" WEST A
DISTANCE OF 199.83 FEET AND ALONG A CURVE TO THE LEFT HAVING A RADIUS
OF 833.00 FEET AND HAVING AN ARC DISTANCE OF 56.34 FEET, TO THE END OF A
CHORD BEARING SOUTH 77 °- 08' -22" WEST, AND HAVING A DISTANCE OF 56.33 TO
A POINT OF INTERSECTION WITH THE EAST LINE OF IGNITION DRIVE SOUTH;
THENCE ALONG SAID EAST LINE FOR THE NEXT FOUR (4) COURSES, NORTH 63°-
37'-23" WEST A DISTANCE OF 59.76 FEET AND NORTH 190- 54' -55" WEST A DISTANCE
OF 129.95 FEET AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 167.00
FEET AND HAVING AN ARC DISTANCE OF 58.65 FEET, TO THE END OF A CHORD
BEARING NORTH 100- 03' -37" WEST, AND HAVING A DISTANCE OF 58.34 FEET AND
NORTH 000- 00' -00" EAST A DISTANCE OF 507.17 FEET; THENCE NORTH 89 °- 40' -25"
EAST A DISTANCE OF 935.86 FEET TO THE WEST LINE OF SAID FRANKLIN STREET;
THENCE SOUTH 000- 55' -14" EAST ALONG SAID WEST LINE A DISTANCE OF 629.46
FEET TO THE POINT OF BEGINNING.
CONTAINING 14.10 ACRES MORE OR LESS, AND ALSO TO BE LATER KNOWN AS
LOT # 7 OF THE PLAT OF "IGNITION PARK MAJOR SUBDIVISION, SECTION TWO"
AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA
RECORDER'S OFFICE.
SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, AND EASEMENTS OF RECORD.
and which has Key Numbers which are not yet platted be designated as an Economic
Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to two (2) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for up to a period of seven (7) years as shown by the
attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the
Memorandum of Agreement between the Petitioner and the City of South Bend, and the
Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of
South Bend and Indiana Code 6- 1.1 -12 et sea.
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
Member of the Common Coun it
[g6C:r
PRES11141 :i1
lyvlp'fiy# *y�ysR1�
MANY Z' Sb
Filed In CIr .,'s Office
EJU 2 Z'Q��
JOHN i 00-%i
CITY CLERK, SOUTH REND, IN
Bill No.
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING AN INTERLOCAL AGREEMENT FOR THE ELIMINATION,
REORGANIZATION, AND CONSOLIDATION OF PUBLIC SAFETY ANSWERING
POINTS IN ST. JOSEPH COUNTY, INDIANA, AND ALL MATTERS RELATED
THERETO
WHEREAS, each of four local governmental units in St. Joseph County, Indiana (the
"County "), namely, (i) the County; (ii) the City of South Bend, Indiana ( "South Bend "), (iii) the
City of Mishawaka, Indiana ( "Mishawaka "), and (iv) the Clay Fire Territory (the "Territory",
and together with the County, South Bend and Mishawaka, the "Parties ") currently operate a
Public Safety Answering Point ( "PSAP ") for dispatching fire, ambulance and law enforcement
services;
WHEREAS, pursuant to IND. CODE § 36 -8- 16.7- 47(e), each PSAP operator in the
County is to enter into an interlocal agreement under IND. CODE § 36 -1 -7 with every other
PSAP operator in the County to ensure that the County does not contain more than the number of
PSAPs authorized by IND. CODE § 36 -8- 16.7 -47(c) after December 31, 2014;
WHEREAS, Ordinance 79 -13 (the "Ordinance "), passed by the St. Joseph County
Council (the "County Council ") on January 14, 2014 and approved by the Board of
Commissioners of the County of St. Joseph, Indiana (the "County Commissioners ") on January
15, 2014, established the Public Safety Communications Consortium of St. Joseph County,
Indiana;
WHEREAS, the Ordinance established a Public Safety Communications Executive
Board (the "Executive Board ") for the purpose, among other things, of making recommendations
regarding the implementation of a consolidated dispatch function for the County;
WHEREAS, on July 21, 2014, the Executive Board by resolution (i) deemed it to be
advisable, and in the best interests of each of the Parties to enter into a proposed form of an
Interlocal Agreement for the Elimination, Reorganization, and Consolidation of Public Safety
Answering Points in St. Joseph County, Indiana (the "Interlocal Agreement ") among the Parties
pursuant to IND. CODE § 36 -1 -7; (ii) approved the Interlocal Agreement; (iii) and recommended
to the County Council, the County Commissioners, the South Bend Common Council, the
Mishawaka Common Council, and the Board of the Clay Fire Territory that each of such bodies
approve the execution and delivery of the Interlocal Agreement by each of the Parties; and
WHEREAS, there has been presented to this meeting a copy of the proposed form the
Interlocal Agreement, and the members of the South Bend Common Council have reviewed the
proposed Interlocal Agreement and deem it advisable and in the best interest of South Bend for
South Bend to enter into the Interlocal Agreement:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND AS FOLLOWS:
SECTION 1. Approval of Interlocal Agreement. The South Bend Common Council
hereby deems it advisable and in the best interest of the City of South Bend for South Bend to
enter into the Interlocal Agreement. The substantially final form of Interlocal Agreement
presented to this meeting, and incorporated herein by reference, is hereby approved by the South
Bend Common Council. The Mayor or the Deputy Mayor and the City Clerk are hereby
authorized and directed, for and on behalf of South Bend, to execute and deliver the Interlocal
Agreement and to approve any changes in the form or substance of the Interlocal Agreement,
such approval to be conclusively evidenced by its execution by the Mayor and City Clerk.
SECTION 2. No Conflict. All ordinances, resolutions, and orders or parts thereof in
conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed.
SECTION 3. Effectiveness. This Resolution shall be in full force and effect from and
after its passage by the South Bend Common Council.
ATTEST:
City Clerk
,i Df i t o
Member of the Common Counci
G ?T" ail
yc..i [ ..
ti r aid
Filed In Clerk`s ®fflce
Jll.!'. 2 3 2094
JOHN i1e)13 s
WYCLERX, Soo-CH BEND, IN
CITY OF SOUTH BEND
July 23, 2014
Mr. Oliver J. Davis, President
South Bend Common Council
4' Floor County -City Building
South Bend, IN 46601
PETE BIJTTIGIEG, MAYOR
OFFICE OF THE MAYOR
RE: Resolution to Approve Interlocal Agreement for
Public Safety Answering Point (PSAP)
Dear President Davis:
Attached for the Common Council's consideration is a proposed resolution which approves
an Interlocal Agreement among the following governmental units in St. Joseph County, Indiana:
the Cities of South Bend and Mishawaka, the County of St. Joseph, and the Clay Fire Territory.
This resolution authorizes the South Bend Mayor or Deputy Mayor to execute the Interlocal
Agreement on behalf of the City of South Bend, and the subject matter of the Agreement is the
operation of a Public Safety Answering Point (PSAP) for the dispatch of fire, ambulance and law
enforcement services within St. Joseph County.
The Interlocal Agreement is part of the legal requirement of IND. CODE §36 -8- 16.7 -47
that every operator of a Public Safety Answering Point (PSAP) within an Indiana County enter
into an interlocal agreement with all other PSAP operators within that county to ensure that the
County does not contain more than the number of PSAPs authorized by Indiana law. Compliance
with this law must take place before December 31, 2014. Because the participants to this Interlocal
Agreement each operate PSAPs, it is necessary that the parties execute the Interlocal Agreement,
a copy of which in substantially final form is attached.
I will present this Resolution to the Common Council, and I thank you for your
consideration.
Filed in Clerk's Office
JJL 2 3, 2014
JOHN R�fi OVE
CITY CLERK, SOUTH BENT}, IN
Sincerely,
Mark W. Neal,
Deputy Mayor
Filed in Clerk's Office
U1 U! 2 3 2014
JOHN 1i 04DEe
CITY CLERK, SOUTH SEND, IN
227 W. JEFFERSON BOULEVARD • SOUTH BEND, INDIANA 466or
PHONE 574/235-9261 • FAx 574/235-9892
V �
II'�
Interlocal Agreement for the Elimination, Reorganization, and Consolidation of
Public Safety Answering Points in
St. Joseph County, Indiana
This Interlocal Agreement ( "Agreement") is made as of the day of
2014, by and among the Board of Commissioners of St. Joseph County, Indiana ( "County "), the
City of South Bend, Indiana ("South Bend "), the City of Mishawaka, Indiana ( "Mishawaka "),
and the Clay Fire Territory ( "Territory ") (each individually a "Party" and collectively, the
"Parties ") and is made pursuant to IND. CODE § 36 -1 -7.
Article I. Purpose of Agreement
Section 1.01 Purpose. Pursuant to IND. CODE § 36 -8- 16.7- 47(e), each Public
Safety Answering Point ( "PSAP" or "PSAPs ") operator in St. Joseph County, Indiana shall enter
into an interlocal agreement under IND. CODE § 36 -1 -7 with every other PSAP operator in the
county to ensure that the county does not contain more than the number of PSAPs authorized by
IND. CODE § 36 -8- 16.7 -47(c) after December 31, 2014.
Article II. Duration of Agreement
Section 2.01 Duration. This Agreement shall remain in effect so long as IND.
CODE § 36 -8- 16.7 -47 limits the number of PSAPs in St. Joseph County, Indiana. Should the
Indiana General Assembly amend or modify IND. CODE § 36 -8- 16.7 -47, and in the event a Party
desires to withdraw from this Agreement pursuant to such amendment or modification, said
Party must give twelve (12) months advance written notice to the other Parties and the
withdrawal shall take effect only as of the beginning of the succeeding fiscal year of the County,
unless otherwise agreed between Parties.
Article III. Administration Plan
Section 3.01 Public Safety Communications Consortium of St. Joseph County.
Indiana. Ordinance 79 -13 (the "Ordinance "), passed by the St. Joseph County Council on
January 14, 2014 and approved by the Board of Commissioners of the County of St. Joseph,
Indiana on January 15, 2014, established the Public Safety Communications Consortium of St.
Joseph County, Indiana (the "Consortium "). Parties agree that the governance and
administration of all PSAPs in St. Joseph County, Indiana shall be under the control and
authority of the Consortium, acting by and through the County, and actions of the Executive
Board (defined below) provided for herein shall be presented to the County for consideration.
Section 3.02 Consortium Governance. The governance and powers of the
Consortium, its Executive Board (the "Executive Board "), its Operations Board (the "Operations
Board "), and its Executive Director (the "Executive Director ") are those enumerated in the
Ordinance, attached as Exhibit A.
Article IV. Consolidation Plan
Section 4.01 Transition Planning. The Parties agree to use best reasonable
efforts to cooperate in the many complex aspects of transitioning to a consolidated county -wide
lnt:erlocal Agreement: St. Joseph County PSAP Consolidation
PSAP (the "Consolidated Dispatch Center "). Transition elements include, but are not limited to,
the following:
(a) The enactment of a formal transition plan, including processes for the
elimination, reorganization, and consolidation of PSAPs in St. Joseph County, Indiana, which is
attached as Exhibit B.
(b) The execution of a formal lease agreement between the County and South
Bend for the possession and use of space and resources at the City of South Bend Police
Department, substantially in the form attached as Exhibit C.
(c) The Consortium will establish a transitional budget and be responsible for
paying transitional expenses, including, but not limited to, an Executive Director and other staff
positions, technology costs, construction costs, and professional fees. The County will use its
own available fund balances to pay for transitional expenses conditioned on the Parties'
agreement to reimburse the County from the St. Joseph County Dispatch Center Operating Fund
(as defined in Section 5.07(b)) or available Bond proceeds (as defined in Section 4.02),
(d) All reasonable attempts shall be made by the Consortium, on behalf of the
County, to hire an Executive Director prior to the complete consolidation of PSAPs in St. Joseph
County, Indiana.
Section 4.02 Consolidated Dispatch Center. The Parties agree to jointly finance
the acquisition, construction, demolition, renovation, improvement, excavation, and equipping
projects necessary (i) to build the Consolidated Dispatch Center as defined by the Ordinance
(collectively, the "Dispatch Center Project "), and (ii) to complete the South Bend Emergency
Communication Center, as contemplated in the Transition Plan set forth at Exhibit B. The
Parties agree and acknowledge that the financing of the Dispatch Center Project and the South
Bend Emergency Communication Center shall be completed through the issuance of bonds by
the County (the "Bonds "), the security for which shall be County Economic Development
Income Taxes ( "CEDIT ") levied and collected pursuant to IND. CODE § 6- 3.5 -7. South Bend and
Mishawaka will transfer an irrevocable portion of each City's distributive share of CEDIT to the
County, pursuant to IND. CODE § 6- 3.5 -7 -15, in such amounts as necessary so that the annual
debt service payment for the Bonds shall be paid for by the Parties in the following percentages:
South Bend - 29.03 %, Mishawaka - 17.34% and the County - 53.62 %. This Agreement may not
be terminated by any Party until the Bonds are fully retired.
Article V. Funding Plan
Section 5.01 Assessments; General. The Parties have an obligation to fund the
operating costs, including an allowance for the replacement of capital, of the Consortium as
follows:
(a) Operating Assessments and Capital Replacement Assessments shall be
paid by the 5th day of every month.
Page')
lntedocal Agreement: St. Joseph County PSAP Consolidation
(b) Parties agree that for the first five years of this Agreement, the process to
establish assessments shall be in accordance with the formulas herein.
(c) Within 90 days following the fourth anniversary of this Agreement the
Executive Board of the Consortium shall determine if the process for establishing assessments
shall be reviewed or extended for a term to be decided by the Executive Board of the
Consortium. An assessment review process shall be repeated every five years during the term of
this agreement.
(d) If the process for establishing assessments is modified, the modification
cannot result in an increase to the total assessment of any Party greater than twenty percent
(20.00 %) of what the assessment would have been if the process was not modified.
(e) The Parties agree that, pursuant to IND. CODE § 36- 1- 7- 16(b), the
Assessments imposed under this Agreement provide for equitable taxation and that there shall be
no decreases by the Department of Local Government Finance to any Party's maximum
permissible property tax levies, maximum permissible property tax rates, or budgets.
(f) Prior to the fourth anniversary of this Agreement, and upon the
recommendation of the Executive Board, the Parties agree to conduct a feasibility study
examining the ability to form a special taxing district with the ability to fund the purposes of this
Agreement.
Section 5.02 Assessments: Operating. Operating Assessments shall provide
funding for the Consortium's day -to -day operating and maintenance obligations as follows:
(a) Operating Assessments for the first year shall be established in accordance
with Exhibit D attached hereto and made a part of this Agreement.
(b) Operating Assessments for each subsequent year shall be calculated and
adopted by the Executive Board of the Consortium following the schedule established for
adoption of its annual operating budget.
(c) The formula provided for in Exhibit D shall be used for establishing each
Operating Assessment. Revenues used in the calculation shall reflect the most recent twelve
months of revenues deposited in both the St. Joseph County 911 Fund and the St. Joseph County
Dispatch Center Operating Fund, at the time the Operating Assessment is calculated, unless the
Executive Director of the Consortium advises and the Executive Board of the Consortium
accepts an alternative number.
(d) The allocation factors calculated on Exhibit E shall be updated annually
using the most recent data available. The Executive Director of the Consortium shall provide the
Executive Board of the Consortium a monthly report on call volumes in a format that illustrates
trends in call volume and provides notice of potential shifts in allocation percentages in
Operating Assessments among the Parties.
Page 3
Interloc¢ -il Agreement: St. Joseph County PSAP Consolidation
Section 5.03 Assessments; Capital Replacement, Capital Replacement
Assessments shall provide funding as follows:
(a) For the payment of the Consortium's capital requirements as established
by the Five -Year Capital Replacement Plan as shown on Exhibit F, which shall be updated
annually.
(b) Capital Replacement Assessments for the 2015 fiscal year shall be
established in accordance with Exhibit G. Capital Replacement Assessments for each
subsequent year shall be calculated and adopted by the Executive Board of the Consortium.
Section 5.04 Assessments; Pam. Each Party shall make payment on their
Operating Assessments and Capital Replacement Assessments to the St. Joseph County Auditor
for deposit to the appropriate fund and such Assessments may be paid from any funds the Party
shall choose for payment.
Section 5.05 Assessments; Anneals. A Party may only appeal an Operating
Assessment or Capital Replacement Assessment if they believe the Assessment was incorrectly
calculated due to failure to follow the processes established by Exhibit D, Exhibit E, Exhibit F
and Exhibit G. The Appeals Process shall consist of an independent third party, selected by the
Executive Board of the Consortium, verifying the accuracy of the Assessment Calculation. If the
recalculation of an Assessment results in a modification less than two percent (2.00 %), the cost
of the third party verification shall be paid by the Party requesting the calculation. Otherwise,
the expense shall be funded from the Annual Operating Budget.
Section 5.06 Assessments; Intercept. The Parties acknowledge the financial
exposure assumed by the County in this Agreement. In recognition thereof, Assessments not
received in accordance with the schedule described in this Agreement shall be satisfied using an
intercept process consisting of:
(a) The County Auditor notifying the Controller of the delinquent Party of the
delinquency. The notification shall be in writing and provide five (5) days to settle the
Assessment.
(b) Assessments not received within five (5) days of the written notifications
shall be satisfied by the County Auditor withholding an equivalent amount of CEDIT revenues
from the next monthly CEDIT distribution due to the delinquent Party, and transferring that
withheld amount to the proper Fund(s).
Section 5.07 Establishment of Funds. The Parties accept the continuance and /or
establishment of the following funds (the "Funds ") and direct the County to take whatever
actions it requires to establish and manage the same Funds for the County's records and
accounts:
(a) St. Joseph County 911 Fund — The St. Joseph County 911 Fund is
continued for the purposes described herein and shall receive distributions from the Indiana
Page 4
lnterlocal Agreement: St. Joseph County PSAP Consolidation
Statewide 911 Board pursuant to IND. CODE § 36 -8 -16.7, including all interest or investment
income earned thereon. The St. Joseph County 911 Fund shall retain all amounts previously
received by the County from the Indiana Statewide 911 Board as of the date of this Agreement.
(b) St. Joseph County Dispatch Center Operating Fund — The St. Joseph
County Dispatch Center Operating Fund is established and shall receive all Operating
Assessments contributed by each Party, interest or investment income earned thereon, and all
other miscellaneous revenues.
(c) Capital Replacement Fund — Capital Assessments contributed by the
Parties shall be deposited into the Capital Replacement Fund along with any interest earnings
from invested Capital Replacement Fund balances. The balances held in the Capital
Replacement Fund shall be used to purchase capital equipment used at the Consolidated
Dispatch Center in accordance with the Five Year Capital Replacement Plan that is prepared
annually by the Executive Director of the Consortium and approved by the Executive Board of
the Consortium. The Executive Board of the Consortium, with the approval of the County, may
elect to transfer funds from the Capital Replacement Fund to the St. Joseph County 911 Fund or
the St. Joseph County Dispatch Center Operating Fund.
(d) The County Treasurer shall oversee the investment of the Funds based
upon directions provided by the Executive Director of the Consortium.
(e) Funds currently on hand in the County's Emergency Telephone System
Fund shall be retained in such fund until such time as the Executive Board of the Consortium,
with the approval of the County, shall direct that such funds be deposited in one of the Funds set
forth above and used for the purposes set forth in this Agreement.
Section 5.08 Minimum Fund Balances. The Parties establish the following
Minimum Fund Balances and direct the County to take whatever actions required to establish the
same Minimum Fund Balance requirements for their records and accounts:
(a) Operating Funds — The combined aggregate totals of the St. Joseph
County 911 Fund and the St. Joseph County Dispatch Center Operating Fund shall maintain a
minimum balance equal to fifty percent (50.00 %) of the current year's annual operating budget.
(b) Capital Replacement Fund - The Capital Replacement Fund shall maintain
a minimum balance equal to the scheduled capital expenditures reflected in the five year capital
improvement plan. Balances in the Capital Replacement Fund can be transferred to the St.
Joseph County Dispatch Center Operating Fund for the payment of operating expenses with the
approval of the Executive Board of the Consortium.
Article VI. Budgeting Plan
Section 6.01 Annual Budget. Parties accept the 2015 Annual Operating Budget
as presented in Exhibit H, attached and made part of this Agreement. For subsequent years, the
Executive Director of the Consortium shall prepare an annual operating budget as follows:
Page 5
lnterloca.l Agreement: St. Joseph County PSAP Consolidation
(a) The draft operating budget will be prepared by May 31st of each year
substantially in the format presented in Exhibit H;
(b) The proposed annual operating budget shall be reviewed and adopted by
the Executive Board of the Consortium no later than June 30th of each year; and
(c) The proposed annual operating budget shall thereafter be reviewed and
adopted by the County as part of the County's annual budgeting process.
Section 6.02 Budget Amendment. Once an annual operating budget has been
adopted by the Executive Board of the Consortium it may be amended as follows:
(a) If an amendment does not increase the total annual expenditures
established by an approved budget, a modification may be made by the Executive Director of the
Consortium; or
(b) If an amendment requires the amount approved for the annual budget to be
increased, then Executive Board of the Consortium must approve the increase before it may
become effective. The Executive Board of the Consortium shall decide if the increase shall be
funded from cash balances or from an additional assessment contributed by the Parties. The
timing of any amendments shall be completed on a schedule that allows the County to make any
corresponding adjustments to its budget in compliance with Department of Local Government
Finance ( "DLGF ") requirements.
Section 6.03 Budget Reports and Review. The Executive Director of the
Consortium shall prepare a monthly financial report for the Executive Board of the Consortium
that provides a comparison of Month -to -Date and Year -to -Date financial results, both budgeted
and actual. At the end of each calendar year the Executive Board of the Consortium shall review
actual financial results and provide copies to the Parties.
Article VII. Staffing Plan
Section 7.01 Staffing. The County agrees to hire, supervise, pay and discharge
all employees as may be required in the management, operation, and development of this
Agreement and its purposes. All employees utilized by the Consortium, unless otherwise noted
herein, shall formally be employees of the County. Employment with the County shall be "At
Will ", and nothing set forth in this Agreement is intended to modify the at -will status of such
employment. The County shall comply with all applicable federal, state and local laws,
ordinances and regulations pertaining to all employees. The St. Joseph County 911 Fund and the
St. Joseph County Dispatch Center Operating Fund shall be the only sources of funds for any
employment salaries and benefits provided to the Consolidated Dispatch Center employees and
personnel, including health insurance benefits.
Section 7.02 Minimum Employment Qualifications and Personnel Policy. The
County will develop job descriptions for the positions needed to staff the Consolidated Dispatch
Page 6
Interloca.l Agreement: St. Joseph County PSAP Consolidation
Center. These job descriptions shall be used by the Executive Director in reviewing applications
and making staffing recommendations to the County. All staffing decisions shall be in
conformity with the employment policies of St. Joseph County as set forth in the St. Joseph
County Human Resources Policies and Benefits Manual, Handbook, as amended from time to
time.
Section 7.03 Hiring Strategy. Recognizing the value of experienced employees,
the County shall seek to identify qualified employees currently holding PSAP positions with the
Parties to this Agreement. The County shall use reasonable efforts to pay employees at the pay
rate equal to the pay rate effective for these positions as of December 31, 2013. For the purposes
of granting employment benefits to employees previously employed by the Parties to this
Agreement, the County shall, to the extent permitted by law, recognize the seniority of such
employees based on continuous, prior service at the time such employees are hired by the
County. Except for the position of Executive Director, the County shall seek applications only
from the pool of current employees of the various PSAPs operated by the Parties to this
Agreement, for a period of time through and including August 30, 2014. After August 30, 2014,
the County may seek additional applicants if it is unable to fully staff the Consolidated Dispatch
Center operations based on the pool of current employees.
Section 7.04 Hiring Processes. On or before August 15, 2014, the County will
provide applications for employment to current employees at the various PSAPs operated by the
Parties to this Agreement. Application packages will include consents to be signed by the
applicants granting the County permission to obtain background information, including criminal
and personnel information. Factors included in evaluating employees shall include length of
experience, training, certifications, education, references, attendance, discipline record, job
performance evaluations, and other relevant, lawful, factors. If approved for hiring by the
County, conditional offers shall be made no later than October 30, 2014, to those employees
applying before September 30, 2014. All conditional offers shall be subject to successful drug
screening. The County also reserves the right to condition offers on fitness for duty exams,
should there be a lawful reason for doing so.
Section 7.05 Cessation Processes. Upon the cessation of PSAP operations and
termination of employment, any amount owed to terminated employees of the respective Parties
to this Agreement for unused vacation, personal days, or other compensable benefit, shall be paid
by the respective Party, and not the County. The Parties also recognize that not all current
employees satisfy the job description requirements for all positions, and there are currently more
employees qualified for entry level positions; and an insufficient number of employees qualified
for higher level positions. All Parties to this Agreement will endeavor to provide training
necessary, at each individual Party's expense, to increase the qualification level of current
employees.
Article VIII. Operations Plan
Section 8.01 911 Call- Receiving and Dispatching Protocols. Calls will be
processed on two tier level (stage two dispatching): call - takers and dispatchers. When an
emergency call is received, the call taker will obtain detailed call information (utilizing
Pagc 7
lnterlocal Agreement: St. Joseph County PSAP Consolidation
nationally recognized protocols) and enter that call into the computer -aided dispatch system
(CAD). In turn, the CAD system routes the call to the proper dispatcher. Dispatchers will be
designated and trained for police or fire /emergency medical services. Call will be routed to the
properly designated dispatching entity.
Article IX. Amendment
Section 9.01 Amendment, The Parties, by mutual agreement in writing, may
amend, modify and supplement this Agreement. The failure of any Party to enforce at any time
any provision of this Agreement shall not be construed to be a waiver of such provision, nor in
any way to affect the validity of this Agreement or any part hereof or the right of such party
thereafter to enforce each and every such provision. No waiver of any breach of this Agreement
shall be held to constitute a waiver of any other or subsequent breach.
Article X. General Provisions
Section 10.01 Assi ng ment. No Party may assign this agreement or any of its
rights, interests, obligations or duties hereunder, whether by operation of law or otherwise,
without the express written consent of all Parties to this Agreement.
Section 10.02 Entire Agreement. This document, including its attachments,
addendums, and amendments, encompasses the entire Agreement of the Parties. No
understanding or addition to this Agreement shall be effective unless made in writing and signed
by the Parties in accordance herewith.
Section 10.03 Severability. Should any part of this Agreement be determined by
a court of competent jurisdiction to be invalid, illegal, or against public policy, said offending
section shall be void and of no effect, and shall not render any other section herein, nor this
Agreement as whole, invalid. Those rights, interests, obligations, and duties hereunder, which
by their nature should survive, shall remain in effect after termination, suspension, or expiration
hereof.
Section 10.04 Counterparts. This Agreement may be executed in counterparts,
each of which when executed shall be deemed to be an original, and such counterparts, together,
shall constitute but one and the same Agreement.
Section 10.05 Admission of Other Jurisdictions. Additional jurisdictions may
become participants by written addendum to this Agreement, with the approval of the majority of
participatory Parties to this Agreement.
Section 10.06 Effective Date. This Agreement is effective when a fully executed
copy is recorded with the St. Joseph County Recorder pursuant to IND. CODE § 36- 1 -7 -6. No
later than sixty (60) days after its effective date, this Agreement must be filed with the State
Board of Accounts and the Statewide 911 Board.
Page 8
lnterlocal Agreement: St..loseph County PSAP Consolidation
Article XI. Termination and Dissolution
Section 11.01 Termination. If any Party should breach or terminate this
Agreement, said Party shall be wholly liable for any foregone fees or penalties imposed by the
Statewide 911 Board and shall indemnify all other Parties against such losses, including court
costs, attorneys' fees, and any other expenses incurred to enforce this provision. Any terminating
Party remains liable for all continuing financial obligations of the Bonds as provided for in
Section 4.02 of this Agreement. Termination of this Agreement requires the exiting Party or
Parties to resume providing PSAP services that were in effect prior to the execution of this
Agreement.
Section 11.02 Property Disposal. All assets and funds of the Consortium shall be
purchased or procured in the County's name and shall remain the property of the County
throughout the duration of this Agreement. The purchase and maintenance of all equipment
necessary to receive calls, radio transmissions, and data including, but not limited to, radios, air
cards, hardware, or software, shall be procured individually by the Parties and will remain the
property of the individual Parties upon termination or completion of this Agreement. The Parties
may engage in cooperative purchasing activities so long as the ownership interests in said
purchases are expressly defined in writing. In the event of termination of this Agreement, the
County shall, after paying or making provision for the payment of all Consolidated Dispatch
Center liabilities, transfer a percentage interest in all Consolidated Dispatch Center assets,
including the St. Joseph County Dispatch Center Operating Fund and the Capital Replacement
Fund, but excluding the St. Joseph County 911 Fund, to South Bend and Mishawaka in the same
percentages as provided for debt service payments on the Bonds as set forth in Section 4.02
l'a-e 9
lnterlocal Agreement: St. Joseph County PSAP Consolidation
ST. JOSEPH COUNTY, INDIANA
Andrew T. Kostielney, President of the
Board of Commissioners
Marsha G. McClure, Vice President of the
Board of Commissioners
Dave Thomas, Member
Board of Commissioners
ATTEST:
Peter H. Mullen, Auditor
CITY OF MISHAWAKA, INDIANA
David A. Wood, Mayor
ATTEST:
Deborah S. Block, IAMC, MMC, City Clerk
CITY OF SOUTH BEND, INDIANA
Mark W. Neal, Deputy Mayor
ATTEST:
John Voorde, City Clerk
CLAY FIRE TERRITORY
Printed:
I'agc 10
EXHIBIT A
Ordinance Establishing the Public Safety Communications Consortium
of St. Joseph County, Indiana
Bill No. 81 -13 ORDINANCE- �79-
ORDINANCE ESTABLISHING THE PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF
ST. JOSEPH COUNTY
WHEREAS, each of four local government units in St. Joseph County operates a
Public Safety Answering Point ( "PSAP ") for dispatching fire, ambulance
and law enforcement services;
WHEREAS, state law requires the consolidation of PSAPs by December 31, 2014;
WHEREAS, while many public safety agencies in St. Joseph County communicate
primarily on an 800 MHz analog communication system; other public
safety agencies operate primarily on different radio systems hindering
their ability to interoperate easily with each other when needed; and
WHEREAS, consolidating the dispatch function and developing an interoperable
public safety communications system will increase the safety of
residents and public safety personnel of St. Joseph County;
NOW, THEREFORE, LET IT BE ORDAINED AS FOLLOWS:
SECTION 1. PURPOSE
(a) The Public Safety Communications Consortium of St. Joseph County is
established for the purpose of promoting the efficient use of public safety agency
resources through improved coordination and cooperation to enhance the safety of
St. Joseph County residents using a consolidated dispatch function and interoperable
voice and data communications system. It is comprised of St. Joseph County and the
municipalities of St. Joseph County that have public safety agencies.
(b) The Public Safety Communications Executive Board and Public Safety
Communications Operations Board are created to govern the Consortium.
SECTION 2. DEFINITIONS
The following definitions apply throughout this ordinance:
(1) "Consortium" refers to the Public Safety Communications Consortium of St.
Joseph County.
(2) "County Commissioners" refers to the St. Joseph County Board of
- Commissioners.
(3) "Consolidated dispatch center" refers to one or two centers at which the.
consolidated dispatch function takes place.
(4) ".Consolidated dispatch functions" refers to all of the functions involved with
operating one or two consolidated dispatch centers, as determined by the .
Operations. Board, including public safety call taking and dispatching of
appropriate public safety responders that currently are performed at the four
Public Safety Answering Points ( "PSAPs ") and any other function that is
appropriate for accomplishing the Consortium's purposes.
(5) "Executive Board" refers to the Public Safety Communications Executive
Board created in this ordinance.
(6) "Operations Board" refers to the Public Safety Communications Operations
Board created in this ordinance.
(7) "Interoperabte communications system" means a system that enables public
safety units from two or more agencies to communicate with each other via
voice or data communications, including video communications, when and
where needed.
(8) "Municipality" means a city or town.
(9) "Non- public safety agency" means an entity that is not a public safety agency
such as a school district, a department of public works, department of
transportation or utility.
(10.) "Public safety agency" means a federal, state, or local governmental entity
eligible to. hold an authorization in a public safety radio service as set forth in
47 CFR 90 et seq.
(11) "System" refers to the interoperable communications system.
SECTION 3 EXECUTIVE BOARD COMPOSITION
(a) The Executive Board ( "Executive Board ") is comprised of the following
members:
(1) The President of the St. Joseph County Commissioners.
(2) The mayor of South Bend.
(3) The mayor of Mishawaka.
(b) Each member may select a designee in writing to represent the member.
.(c) At the first meeting of the Executive Board of each calendar year, the
members shall elect a president, vice president and secretary and such other
officers that the Executive Board decides are necessary.
(d) Each member has one vote. Decisions require an affirmative vote by a
majority of those .present. A. quorum to conduct business shall be at least two (2)
members present.
SECTION 4 EXECUTIVE BOARD POWERS
The Executive Board may make recommendations to the County Commissioners
regarding:
(1) Financing, purchasing and contracting . for the implementation of a consolidated
dispatch function that complies with state law and an interoperable communications
System.
(2) Contracting with consultants including architects, engineers, attorneys, auditors
and others to assist in the financing, planning, development and implementation of
the consolidated dispatch function and System.
(3) Acquiring personal or real property, or any interest in it, by lease or
conveyance.
.(4) Owning, improving and constructing facilities on real. property.
(5) Conveying, .leasing, mortgaging or otherwise disposing of or encumbering
personal or real property or interests therein or facilities on it.
.(6) Assessing charges for using the consolidated dispatch center or System.
(7) Entering into and performing use and occupancy agreements concerning the
consolidated dispatch function and System.
(8) Accepting revenue from fees, gifts, devises, bequests, grants, loans,
appropriations, revenue sharing, other financing, and any other aid from any source.
The Commission shall turn all revenue received over to the fiscal officer the County
Commissioners designate.
(9) Any other non- operations power needed to carry out the. Consortium's purposes.
SECTION 5 COMPOSITION OF THE OPERATIONS BOARD
(a) The Operations Board is comprised of the following members:
(1) The chief of the South Bend Police Department.
(2) The .chief of the Mishawaka Police Department.
(3) The town marshal representing all the town marshals of St. Joseph County.
(4) St. Joseph County Sheriff
(5) The chief of the South Bend Fire Department.
(6) The chief of the Mishawaka Fire Department.
(7) The chief of the Clay Township Fire Department, who also represents the
interests of all the township fire departments.
(8) St. Joseph County Emergency Management Director (non - voting advisor).
(b) The persons described in subsections (a)(1), (a)(2), (a)(4), (a)(5), (a)(6) (a)(7)
and (a)(8) serve by virtue of their offices. The person described in subsection (a)(3)
is selected by a. vote from the town. marshals of the County present at a meeting
called for that purpose, serves a term of two years and may be reappointed.
(c) .Each member may select a designee in writing to represent the member.
(d) . At the first meeting of each calendar year of the Operations Board
( "Operations Board ".), the members shall elect .a president, vice president and
secretary and such other officers that the Operations Board decides are necessary.
(e) Each member has one vote. Decisions require an affirmative vote by a
majority of those present. A quorum to conduct business shall be at least five (5)
members present.
SECTION 6 OPERATIONS BOARD POWERS
(a) The Operations Board powers include:
(1) Operating and maintaining the consolidated dispatch function and System
including: frequency planning, managing the licensing of frequencies with the
Federal Communications Commission and anything else needed for the proper
functioning of the consolidated dispatch center or System.
(2) Developing means of sharing information operationally and technologically to
improve public safety.
(3) Developing a personnel system for employees of the Consortium including
staffing, salary, benefits and standards for hiring, and disciplining employees.
(4) Establishing standard operating procedures.
(5) Hiring and firing staff including the executive director, who serves at the
pleasure of the Operations. Board.
(6) Making recommendations to the Executive Board regarding the Executive Board's
powers set out in subsections (1) through (7) and (9) of Section 4.
(b) The Operations Board may allow non- public safety agencies to use the
consolidated dispatch center and /or System if allowing this will not adversely
impact public safety.
(c) The Operations Board may create subcommittees to assist it in carrying out its
purposes.
SECTION 7 USER AGREEMENTS
Any public safety agency or non- public safety agency that wants to use the
consolidated dispatch center and /or System must enter into a user agreement with
the Commission. The commission shall develop criteria for determining whether a
public safety agency or other entity may use the System.
A)" � / Z&"i
Memb St, /Josepl County Council
73[ READING IA /Z'13 L�OV � e,� �UV 01 5 2013 PUBLIC HEARING - )6(-
.iUDROH 2nd READING ..I Z�j3 Y.JOZ�PH000NTYINDIANA NOT ADPROV D NCIL REfERREp /15G1f . Y INDIANA
DASSfDO,�
Bill No. 81 -13
AMENDMENT NO.
ORDINANCE NO.
ORDINANCE ESTABLISHING THE PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF
ST. JOSEPH COUNTY
This bill came before t e St. Joseph County Council the �thday of�, 201q and was
voted to duly pass /not ttpass, this Ordinance.
VOTES
YES
NO "
Auditor, St1,Joseph CInn
Ala woitj
PresiZled, r ty Council
Presented by me to the Board of Commissioners of the County of St. Joseph, I, Ila,
thfs 1 � th day of j iftUd,5,1 201 {, at the hour of_ 7 o'clock M.
This Ordinance approved and "signed by the Board of County Commissioners of St. Joseph County, Indiana, on
�
the _th day of ri iAfj!—jq , 20lq at the hour of ID : M
CD o'clock Q. M.
U"T'
President, County Com" t 5`ioners
EXHIBIT B
Transition Plan
EXHIBIT B
Transition Plan for the Elimination, Reorganization, and Consolidation of Public Safety
Answering Points in St. Joseph County, Indiana
I. Pre - Consolidation Assessment. As of the date of execution of the Interlocal Agreement
( "Agreement'), by and among the Board of Commissioners of St. Joseph County, Indiana
( "County "), the City of South Bend, Indiana ( "South Bend "), the City of Mishawaka,
Indiana ( "Mishawaka "), and the Clay Fire Territory ( "Territory "), the geographical
boundaries of St. Joseph County, Indiana contains four (4) Public Safety Answering
Points ( "PSAP "):
A. St. Joseph County Sheriff PSAP ( "County PSAP ") located at 4817 Lincoln Way
West, South Bend, Indiana 46628;
B. City of South Bend Police Department PSAP ( "South Bend PSAP ") located at 701
Sample Street, South Bend, Indiana 46601;
C. City of Mishawaka Police Department PSAP ( "Mishawaka PSAP ") located at 200
North Church Street, Mishawaka, Indiana 46544; and
D. Clay Fire Territory PSAP ( "Clay Fire PSAP ") located at 18355 Auten Road, South
Bend, Indiana 46637.
II. Initial Consolidation. On or before December 31, 2014, the geographical boundaries of
St. Joseph County, Indiana shall contain no more than two (2) PSAPs. The Parties to the
Agreement shall use best reasonable efforts to implement consolidation as follows:
A. On or before August 15, 2014, the County shall enter into a lease agreement with
South Bend, substantially in the form of the lease agreement attached as Exhibit C
to the Agreement, for the utilization of space currently operating as the South Bend
PSAP;
B. On or before August 18, 2014, the County shall award a construction contract for
the renovation of the South Bend PSAP for the purpose of consolidating the
County PSAP and the Clay Fire PSAP into a single building with the South Bend
PSAP (collectively, the "South Bend Emergency Communications Center ") to be
located at 701 Sample Street, South Bend, Indiana 46601;
C. On or before October 17, 2014, renovations at the South Bend Emergency
Communications Center shall be substantially complete;
D. On or before October 31, 2014, all call relaying and dispatching equipment of the
South Bend Police Department shall be fully installed and in use at the South Bend
Emergency Communications Center;
E. On or before November 12, 2014, all call relaying and dispatching equipment of
the St. Joseph County Sheriff shall be fully installed and ready for use at the South
Bend Emergency Communications Center;
F. On or before November 21, 2014, all call relaying and dispatching equipment of
the Clay Fire PSAP shall be fully installed and ready for use at the South Bend
Emergency Communications Center;
G. On or before November 27, 2014, all incoming calls and requests for emergency
assistance shall be redirected from the County PSAP to the South Bend Emergency
Communications Center (i.e., calls shall cease being directed to the County PSAP);
H. On or before December 6, 2014, all incoming calls and requests for emergency
assistance shall be redirected from the Clay Fire PSAP to the South Bend
Emergency Communications Center (i.e., calls shall cease being directed to the
Clay Fire PSAP); and
I. On or before December 31, 2014, the County shall take complete operational and
managerial control of the South Bend Emergency Communications Center, acting
by and through the Public Safety Communications Consortium of St. Joseph
County, Indiana, as established by County Ordinance 79 -13 (adopted on January
14, 2014) and approved by the Agreement.
III. Comprehensive Consolidation. Concurrent with the renovation of the South Bend
Emergency Communications Center and the relocation of PSAPs thereto, the Parties to
this Agreement have agreed to finance the acquisition, construction, renovation,
installation, and equipping of a unified county -wide PSAP. The Parties to the Agreement
shall use best reasonable efforts to implement full and comprehensive consolidation as
follows:
A. On or before October 31, 2014, the County shall award a construction contract for
the construction and equipping of a new county -wide PSAP facility in St. Joseph
County, Indiana (the "Primary PSAP ") to be located on Downey Avenue in
Mishawaka, Indiana;
B. On or before June 26, 2015, construction of the Primary PSAP shall be
substantially complete;
C. On or before August 31, 2015, all call taking, call relaying, and dispatching
equipment of the Mishawaka PSAP shall be fully installed and in use at the
Primary PSAP and all incoming calls and requests for emergency assistance shall
be redirected from the Mishawaka PSAP to the Primary PSAP (i.e., calls shall
cease being directed to the Mishawaka PSAP); and
D. On or before September 30, 2015, all operations of the South Bend Emergency
Communications Center shall be fully and completely transferred to the Primary
PSAP with the South Bend Emergency Communications Center serving as a
backup to the Primary PSAP (collectively, the "Consolidated Dispatch Center ").
EXHIBIT C
Lease Agreement
LEASE AGREEMENT
THIS LEASE AGREEMENT ( "Lease ") made this day of
2014, by and between CITY OF SOUTH BEND, INDIANA, (hereinafter referred to as
"Lessor "), and ST. JOSEPH COUNTY, INDIANA, acting for and on behalf the PUBLIC
SAFETY COMMUNICATIONS CONSORTIUM OF ST. JOSEPH COUNTY, INDIANA,
(hereinafter referred to as "Lessee ");
RECITALS
A. Ordinance 79 -13, passed by the St. Joseph County Council on January 14,
2014 and approved by the Board of Commissioners of the County of St. Joseph, Indiana on
January 15, 2014, established the Public Safety Communications Consortium of St. Joseph
County, Indiana (the "Consortium ").
B. The Board of Commissioners of St. Joseph County, Indiana ( "County "),
the City of South Bend, Indiana ( "South Bend "), the City of Mishawaka, Indiana
( "Mishawaka "), and the Clay Fire Territory ( "Territory ") each serve as a Public Safety
Answering Point ( "PSAP ") operator for one (1) of the four (4) PSAPs in the County.
C. Pursuant to Indiana Code 36- 8- 16.7- 47(e), the Parties entered into an
interlocal agreement ( "Interlocal Agreement ") under Indiana Code 36 -1 -7 with every other
PSAP operator in the County to ensure that the County does not contain more than the number of
PSAPs authorized by Indiana Code 36- 8- 16.7 -47(c) after December 31, 2014.
D. As of the date of the execution of the Interlocal Agreement, the
geographical boundaries contain four (4) PSAPs: (i) St. Joseph County Sheriff PSAP ( "County
PSAP "), (ii) City of South Bend Police Department PSAP ( "South Bend PSAP "), (iii) City of
Mishawaka Police Department PSAP ( "Mishawaka PSAP "), and (iv) Clay Fire Territory PSAP
( "Clay PSAP ").
E. On or before December 31, 2014, the geographical boundaries of the
County shall contain no more than two (2) PSAPs.
F. Pursuant to the Interlocal Agreement, the governance and administration
of all PSAPs in the County shall be under the control and authority of the Consortium, acting by
and through the County, and actions of the Consortium's Executive Board.
G. On or before August 1, 2014, the County, acting for and on behalf of the
Consortium, desires to enter into a lease for the space in the City of South Bend Police
Headquarters currently operating as the South Bend PSAP for the purpose of consolidating the
County PSAP, the South Bend PSAP and the Clay PSAP into one PSAP to be temporarily
located in such space.
US.54381124.05
H. To provide for such temporary location the County desires to renovate the
South Bend PSAP facility, use the existing dispatching equipment located at the South Bend
PSAP facility and fully install additional dispatching equipment to use in the South Bend PSAP.
I. Concurrent with the execution of this Lease, the South Bend desires to
sell, assign, transfer and convey, through a Bill of Sale, to the County the existing dispatching
equipment located at the South Bend PSAP facility for a purchase price equal to the equipment's
depreciable value as set forth in said Bill of Sale.
J. The County desires to take complete operational and managerial control of
the South Bend PSAP, acting by and through the Consortium.
K. Concurrent with the renovation of the South Bend PSAP and the
relocation of the County PSAP and Clay PSAP thereto, the Consortium wishes to finance the
acquisition, construction, renovation, installation, and equipping of a unified County -wide PSAP
(the "Consolidated Dispatch Center ").
L. On or before September 30, 2015, all operations of the County PSAP,
South Bend PSAP, Clay PSAP and Mishawaka PSAP shall be fully and completely transferred
to the Consolidated Dispatch Center and following such transfer, the South Bend PSAP shall
serve as a backup to the Consolidated Dispatch Center.
WITNESSETH:
FOR AND IN CONSIDERATION of the full and faithful compliance by the
parties hereto with each and all of the terms, covenants and conditions herein contained to be
complied with by them, Lessor does hereby lease, let and demise unto Lessee approximately
square feet of office space within Lessor's City of South Bend Police Department
located at 701 Sample Street, South Bend, Indiana, 46001 ("Premises") as shown on Exhibit A
attached hereto and made a part hereof the police station upon the real estate described on
Exhibit B attached hereto and made a part hereof, (hereinafter referred to as the "Building "),
together with use of the parking area serving the Building. The Premises are leased by Lessor to
Lessee subject to all applicable covenants, easements, conditions and restrictions of record, and
subject to the provisions of all applicable building codes and zoning ordinances.
ARTICLE I
TERM
1.1 Term. The term of this lease, subject to all of the provisions and
conditions herein contained, shall be for a period of (—) years, commencing
August 1, 2014 and ending July 31, 20_ (the "Term "), unless sooner terminated as provided
herein.
-2-
US.54381124.05
ARTICLE II
USE AND OCCUPANCY
2.1 Use. Lessee covenants that the Premises shall be used as an active PSAP
serving South Bend, the County and the Territory during the period commencing upon the
relocation of the County PSAP and the Clay PSAP to the Premises. Upon consolidation of such
PSAPs with the Mishawaka PSAP and the initiation of operations at the Consolidated Dispatch
Center, the Premises shall thereafter be used as a backup PSAP facility to the Consolidated
Dispatch Center to be used as the primary PSAP when necessary, and for such other purposes as
may be incidental thereto, and for no other purpose without the prior written consent of Lessor.
2.2 Restrictions. Lessee shall not (a) commit or permit waste to the Premises,
(b) permit or suffer any nuisance or hazardous, unsafe or unpleasant condition to exist in the
Premises, (c) create or permit any obstruction or annoyance to, or interference or hindrance with,
occupants of adjacent buildings or (d) cause or permit Lessee's agents, employees or contractors
to violate such insurance requirements, such rules and regulations or any laws, statutes,
ordinances and regulations of governmental authorities having jurisdiction over the Building or
the use and occupancy thereof. In addition, Lessee shall not (a) use the Premises for the
handling, processing, treatment or disposal of any hazardous waste, material or substance, as
defined by any applicable laws, statutes, ordinances and regulations of governmental authorities
having jurisdiction over the Building or the use and occupancy thereof (the "Hazardous
Substances "), or (b) store or use any Hazardous Substances in the Premises, except for such
storage and usage of those types and amounts of Hazardous Substances as may be necessary for
the operation of an office. Lessee shall not stockpile Hazardous Substances or otherwise store or
use in the Premises more Hazardous Substances than are necessary for office use and will be
used with reasonable dispatch. All storage, usage and transportation of Hazardous Substances
shall be conducted in compliance with all applicable laws, statutes, ordinances and regulations of
governmental authorities having jurisdiction over the Building or the use and occupancy thereof,
and Lessee shall take all necessary and appropriate safety precautions in connection with such
storage, usage and transportation.
ARTICLE III
RENT
3.1 Rent. Lessee shall pay as base rent for said Premises, without relief from
valuation or appraisement laws, and without demand, reduction or offset of any kind, the
following:
Period
Monthly Base Rent
"Base Rent"
August 1, 2014 — September 30, 2015
October 1, 2015 — July 31, 2034
Base Rent shall be paid in advance on the first day of each calendar month throughout the Term
to the attention of Lessor at , South Bend, Indiana, 46601, or such other
place as Lessor may from time to time designate in writing.
-3-
US.54381 124.05
ARTICLE IV
COMMON AREAS AND SERVICES
4.1 Common Areas. Lessor grants the Lessee a nonexclusive license to be
exercised in common with all other Lessees and occupants of the Building within which the
Premises are located for the right -of -way entrances, drives, parking areas, sidewalks, common
building entryways, hallways, elevators and other common facilities upon the real estate and
serving the Building within which the Premises are located ( "Common Areas "). Lessee's use of
such Common Areas shall be subject to such rules and regulations for said Common Areas
established from time to time by Lessor and provided to Lessee with reasonable prior written
notice. Lessor reserves the right to alter the Common Areas provided the same does not have a
material adverse impact upon Lessee's access to the Premises. Lessor shall be responsible for
compliance with the Americans with Disabilities Act within the Common Areas provided any
costs incurred or improvements required as a result thereof shall be deemed Operating Costs.
4.2 Services. Lessor shall provide, or cause to be provided, the following
services to the Premises:
(a) Janitorial services and customary cleaning in and about the entire
Building (including all Common Areas and the Premises). Lessee may not
provide any janitorial service of its own without Lessor's prior written consent,
and then only subject to such additional conditions as Lessor may reasonably
impose.
(b) Heat and air conditioning to provide, in Lessor's judgment,
comfortable occupancy, within government regulations, of the Premises.
Wherever heat - generating machines or equipment are used or business operations
are conducted in the Premises which, in the judgment of Lessor, affect the
temperature otherwise maintained by the air conditioning system, Lessor reserves
the right to modify said system, including the installation of supplementary air
conditioning units in the Premises, and the cost and expense of operation and
maintenance thereof shall be paid by Lessee to Lessor.
(c) Water from city mains, drawn through fixtures installed by Lessor
for drinking, lavatory, and toilet purposes, including a reasonable amount of hot
water.
(d) Electrical wiring system in the Premises for standard electrical
receptacles and lighting fixtures. Such electricity will be used only for normal
equipment and accessories. Replacement lighting tubes, lamps, bulbs, and
ballasts required for the overhead lighting fixtures in the Premises will be
installed at Lessee's expense.
(e) Snow removal services for the outside parking facilities, related
driveways, and sidewalks at all reasonable times.
(f) Lavatories for the use of Lessee's employees and invitees in
common with other Lessees in the Building.
SS
US.54381124.05
Lessor does not warrant that any of the services above mentioned will be free from interruptions
caused by repairs, renewals, improvements, alterations, strikes, lockouts, accidents, inability of
Lessor to obtain fuel or supplies, or any other cause beyond the reasonable control of Lessor.
Any such interruption of service will not constitute an eviction or disturbance of Lessee's use and
possession of the Premises, or any part thereof, or render Lessor liable to Lessee for damages, or
relieve Lessee from performance of Lessee's obligations under this Lease. Lessor will use
reasonable efforts to promptly remedy any situation which has interrupted such services.
ARTICLE V
MAINTENANCE REPAIRS IMPROVEMENTS AND ALTERATIONS
5.1 Lessee's Work. Lessee shall, at Lessee's expense, complete the
improvements to the Premises set forth on Exhibit C attached hereto and incorporated herein by
reference ( "Lessee's Work "). With the exception of Lessee's Work, Lessee shall accept
possession of the Premises "as is" without representation or warranty of any kind and Lessor
shall have no further obligation to improve the Premises.
5.2 Necessary Repairs. Lessor shall make all necessary repairs to the Building
and Common Areas, and Lessor shall keep the Building and Common Areas in a safe, clean and
neat condition and use reasonable efforts to keep all equipment used in common with the Lessor
or other Lessees in good condition and repair, provided, however, that to the extent any of the
foregoing items require repair because of the intentional misconduct, misuse or default of
Lessee, its employees or agents, Lessor shall make such repairs solely at Lessee's expense.
Lessor shall keep and maintain the Premises in good order, condition and repair, provided,
however, that to the extent any items in the Premises require repair because of the intentional
misconduct, misuse or default of Lessee, its employees or agents, Lessor shall make such repairs
solely at Lessee's expense.
5.3 Alterations. Lessee shall not make any alterations, additions or leasehold
improvements to the Premises during the term of this Lease or make any contract therefor
without first procuring Lessor's written consent. All alterations, additions and /or leasehold
improvements made by Lessee to or upon the Premises, except Lessee's personal property and
removable trade fixtures installed by Lessee, shall at once when made or installed be deemed to
have attached to the freehold and to have become the property of Lessor. Lessee shall be
responsible for any damages occasioned by removal of its personal property and trade fixtures.
Any alterations made by Lessee shall be at Lessee's cost and expense. Lessee agrees to conform
to and comply with all laws, ordinances, rules and regulations of federal, state, county and
municipal authorities in making such alterations or repairs, and shall at all times keep the
Premises free from claims of mechanics' liens.
5.4 Access to Premises. Lessor and its agents shall have reasonable access to
the Premises during all hours for the purpose of examining the same and to ascertain that they
are in good repair, and to make reasonable repairs which Lessor may desire to make hereunder.
5.5 Utility Charges. Lessee agrees to pay (a) all charges for sewer, water, gas,
electricity, telephone service and other utility services used upon and attributable to the Premises
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US.54381 124.05
through the Term; and (b) indemnify and hold Lessor harmless from any liability resulting from
any nonpayment for any such services
ARTICLE VI
INSURANCE AND INDEMNITY
6.1 General Warranty. Lessee, from the commencement of its occupancy,
agrees to indemnify and hold Lessor harmless from any loss, cost, claim, liability or damage
arising out of, or connected with, Lessee's use and occupancy of the Premises arising out of any
breach or default of Lessee in performance of its obligations under this Lease unless arising from
Lessor's. gross negligence or intentional misconduct. In case any action or proceeding be brought
against Lessor by reason of any such claim, Lessee agrees to (a) resist or defend such action or
proceeding and (b) promptly pay and discharge any final judgment rendered against Lessor
therein, reserving the right to appeal such judgment prior to payment thereof as may be permitted
by law. The obligation of Lessee under this Section to indemnify and hold harmless Lessor shall
survive the expiration of the Premises or the termination of this Lease.
6.2 Waiver. Lessor shall be responsible for infrastructure failure or damage,
which failure or damage is not caused by any negligence of Lessee.
6.3 Lessor's Indemnity. Lessor shall indemnify and hold Lessee harmless
from any third -party claim or any loss cost, claim, liability or damage resulting therefrom arising
out of or connected with Lessor's negligence or willful and intentionally tortious acts, or
Lessor's default under this Lease.
ARTICLE VII
DESTRUCTION OF PREMISES
7.1 Repair or Restoration. In the event of damage to, or destruction of, the
Premises by fire or other casualty covered by insurance, Lessor at its sole expense, shall
promptly restore the Premises (other than improvements to the Premises made by Lessee) as
nearly as possible to its condition prior to such damage or destruction; provided that, if the
Premises is so extensively damaged or destroyed that the cost of restoration would exceed thirty
percent (30 %) of the amount it would cost at the time to replace the Building in its entirety, then,
and in such case, Lessor, or, during the final year of the Lease, Lessee, at its option at any time
within thirty (30) days after such damage or destruction, may terminate this Lease upon written
notice to Lessee, or, if during the during the final year of the Lease, to Lessor, and thereupon
(a) Lessee shall surrender possession of the Premises to Lessor, (b) Lessor and Lessee shall be
discharged from any and all liabilities and obligations arising under this Lease subsequent to the
date of such damage or destruction, and (c) this Lease shall be null and void. Pending Lessor's
restoration of the Premises, Lessee's Base Rent hereunder shall abate proportionately to the area
rendered unusable, to the extent of the proceeds of Lessor's rent interruption insurance, if any.
Lessor's obligations to reconstruct the Premises are conditioned on its receipt of insurance
proceeds in such an amount as to cover the cost of such restoration.
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US.54381 124.05
ARTICLE VIII
EMINENT DOMAIN
8.1 Permanent Taking. If, during the Term, the entire Premises or any
material portion of the Building shall be taken by an exercise of the power of eminent domain or
by purchase under the threat of such power (the "Eminent Domain Proceeding "), then this Lease
shall terminate as of the date of the vesting of title in the taking authority pursuant to the Eminent
Domain Proceeding. If this Lease is not terminated after an Eminent Domain Proceeding, then
(a) Lessee shall be responsible for any necessary restoration of the Premises as required for
Lessee's use thereof, and (b) the Base Rent shall be reduced in an equitable amount considering
the portion of the Premises taken pursuant to the Eminent Domain Proceeding and the utility of
the Premises for Lessee's use. Notwithstanding the fact that Lessee shall have the burden of
going forward with the work of restoration of the Premises, Lessor agrees to reimburse Lessee
for the costs of such restoration; provided that Lessor's obligation to reimburse Lessee for such
costs of restoration shall not exceed the amount of any damage award received by Lessor for
such purpose as a result of such taking.
8.2 Temporary Taking. If all or any portion of the Premises is taken pursuant
to an Eminent Domain Proceeding for governmental occupancy for a limited period, then (a) this
Lease shall not terminate, and (b) Lessee shall continue to perform its obligations hereunder as
though such taking had not occurred, except to the extent that it may be prevented from so doing
pursuant to the terms of the order of the authority which made the taking. In the event of such a
temporary taking, Lessee shall be entitled to the entire award for such taking (whether paid by
way of damages, rent or otherwise), unless the period of governmental occupancy extends
beyond the termination of the Term, in which case, the award shall be apportioned between
Lessor and Lessee as of the date of such termination.
8.3 Distribution of Damages. If no separate award of compensation is made
by the taking authority, then (a) all compensation shall be paid to Lessor, and (b) Lessee shall
have no interest in such compensation, except to the extent of Lessee's claim to any award
specifically made for its trade fixtures or moving expenses.
8.4 Vesting of Title. Wherever the term "vesting of title" or any similar
phrase is used in this Article, a taking of possession by the taking authority shall be deemed a
vesting of title.
8.5 Rights on Termination. Upon any termination of this Lease as a result of
an Eminent Domain Proceeding, (a) all Base Rent, and additional rent and charges of all types
shall be adjusted and prorated, as applicable, to the date of such termination, and (b) all other
rights and obligations of the parties hereunder shall be terminated as of said date except for the
distribution of any award or compensation for such taking; provided that Lessee shall be allowed
a reasonable time to remove its property from the Premises.
8.6 Notice. Lessor shall give Lessee notice of the initiation of an Eminent
Domain Proceeding within a reasonable time after Lessor becomes aware of the pendency of any
such proceeding.
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US.54381124.05
ARTICLE IX
ASSIGNMENT AND SUBLETTING
9.1 Right to Assign or Sublet. Lessee shall not (a) assign this Lease or any
interest therein, (b) sublet the Premises, or any part thereof, or (c) permit any other party to
operate or conduct a business on, in, at or from the Premises, without the prior written consent of
Lessor. Any transfer of this Lease by operation of law (by a change of control, merger,
consolidation or liquidation of Lessee or otherwise) shall constitute an assignment for purposes
of this Lease. No assignment or subletting shall release Lessee from any of its liabilities or
obligations under this Lease.
ARTICLE X
MORTGAGE SUBORDINATION• ESTOPPEL CERTIFICATES
10.1 Subordination. Upon written request or notice by Lessor, Lessee agrees to
subordinate its rights under this Lease to the liens of any mortgages that may now or hereafter be
placed upon the Building and the Premises, and to any and all advances to be made thereunder,
and all renewals, replacements and extensions thereof and to attorn to a purchaser upon
foreclosure or a conveyance in lieu thereof, provided such mortgagor or purchaser agrees to
recognize Lessee and not to disturb Lessee under this Lease, provided Lessee upholds the terms
and conditions of this Lease. Lessee shall execute a subordination agreement in furtherance
thereof consistent with the terms and conditions hereof.
10.2 Estoppel. Upon request or notice of Lessor, Lessee agrees to execute an
estoppel certificate certifying to Lessor, Lessor's mortgagees or a purchaser of the Building
within which the Premises are located that this Lease is in full force and effect, that this Lease
has not been modified altered or amended except as specified therein, that no event of default has
occurred and that rent has not been paid more than thirty (30) days in advance.
ARTICLE XI
DEFAULT
11.1 Defaults by Lessee. Upon the happening of any one or more of the
following events (the "Event(s) of Default "), Lessor may terminate this Lease and /or exercise,
enforce or recover any other right, remedy or damages available under this Lease, at law or in
equity: (a) the failure of Lessee to pay an installment of rent within ten (10) days after the
installment becomes due, without any notice; or (b) the failure of Lessee to perform any other of
its covenants or satisfy any other of its obligations under this Lease within thirty (30) days after
written notice.
11.2 Remed . Upon the occurrence of an Event of Default, Lessor may
re -enter the Premises, without terminating the Lease or accepting a surrender and with or without
process of law, using such force as may be necessary, and remove all persons and property
therefrom, and Lessor shall not be liable for damages or otherwise by reason of such re -entry or
termination of this lease. In addition to all other obligations of Lessee, Lessee shall be liable for
the cost of seizure and repossession of the Premises and reasonable attorney's fees incurred as a
result of the seizure and repossession of the Premises. Lessor may, at any time after the
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US.54381124.05
occurrence of an Event of Default, whether before or after regaining possession of the Premises,
terminate this Lease without any obligation provide Lessee with any additional notifications. In
the event that Lessor at any time terminates this Lease for any default by Lessee, in addition to
any other remedies Lessor may have, Lessor may recover from Lessee all damages Lessor may
incur by reason of such default, including, to the extent not recovered by Lessor as part of its
re -entry of the Premises, the costs of recovering the Premises, making alterations and repairs,
reasonable attorneys' fees, and the value at the time of such termination of the excess, if any, of
the amount of Base Rent and charge equivalent to Base Rent. All such amounts shall be
immediately due and payable from Lessee to Lessor.
11.3 Lessor Default Notice. Lessor shall in no event be charged with default in
any of its obligations hereunder unless and until Lessor shall have failed to perform such
obligations within thirty (30) days (or such additional time as is reasonably required to correct
any such default) after written notice to Lessor by Lessee, specifically describing such failure.
ARTICLE XII
SURRENDER OF POSSESSION
12.1 Surrender of Possession. Whenever the Term shall be terminated, whether
by lapse of time, forfeiture or in any other way, Lessee covenants and agrees that it will at once
surrender and deliver up said Premises peaceably in as good of condition as when Lessee took
possession, ordinary wear and tear and any alterations and approved changes and any damage
caused by perils covered by insurance excepted.
12.2 Failure to Surrender. In the event Lessee shall hold over after any
termination of this Lease, the same shall create no more than a month -to -month tenancy at
double the rent herein set forth and under all other applicable conditions herein provided.
ARTICLE XIII
MECHANICS' LIENS
13.1 Mechanic's Liens. Lessee will not permit any mechanic's lien or liens to
be filed against the Premises or the Building at any time for any work done for or materials
furnished to Lessee; provided that Lessee may contest such lien or liens in good faith if Lessee
(a) deposits as required by law a sufficient surety bond or other security to obtain a release of the
lien or liens and (b) obtains a court order releasing the lien or liens. If any such lien or liens are
filed, then Lessor may compel the prosecution of an action for foreclosure of the lien or liens,
and, upon the commencement of such an action, Lessee immediately shall (a) deposit as required
by law a sufficient surety bond or other security to obtain a release of the lien or liens and
(b) obtain a court order releasing such lien or liens. Lessee immediately shall (a) pay any final
nonappealable judgment or decree rendered against Lessor or Lessee arising out of any such lien
or liens, including all proper costs and charges, and (b) cause any such lien to be released of
record without cost to Lessor.
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US.54381124.05
ARTICLE XIV
NOTICES
14.1 Manner of Giving. Whenever under this Lease a provision is made for
notice or demand of any kind, such notice shall be in writing, and it shall be deemed sufficient
notice and service if such notice is given by United States registered or certified mail, or by a
nationally recognized air courier and sent to:
In the case of Lessor to:
In the case of Lessee to:
Attention:
Attention:
14.2 Change of Address. Each party from time to time may change its address
for purpose of notice under this Article by giving to the other party notice of such change of
address. Any notice, demand or request given by the United States, registered or certified mail,
as provided herein, shall be deemed served on the date it is deposited in the United States mail or
with a nationally recognized air courier properly addressed and with postage fully prepaid.
ARTICLE XV
TERMINATION
15.1 Termination. In the event a new building is acquired by or for Lessee to
serve the purposes for which this Lease was intended, Lessee may terminate this Lease upon
thirty (30) days written notice to Lessor.
15.2 Surrender of Premises. At the expiration or termination of the subtenancy
created hereunder, whether by lapse of time or otherwise, Lessee shall surrender the Premises to
Lessor in the same condition that Lessee is obligated under this Lease to maintain the Premises,
including the surrender to Lessor of all improvements then located upon the Premises, other than
Lessee's signs, personal property and unattached equipment used in the operation of the business
conducted in the Premises (which items Lessee shall remove from the Premises prior to
surrender), as distinguished from those fixtures, machinery and equipment which are for the
general operation and maintenance of the Premises or the Building (which items Lessee shall
surrender with the Premises unless directed otherwise in writing by Lessor). Lessee shall repair
prior to surrender all damage to the Premises resulting from the removal of its signs, personal
property and unattached equipment. The obligations of Lessee under this Section shall survive
the expiration of the Term or the termination of this Lease.
15.3 Holding Over. If Lessee remains in possession of the Premises with the
written consent of Lessor after the expiration or termination of the subtenancy created hereunder,
and without the execution of a new lease or any further extension of this Lease, then Lessee shall
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US.54381124.05
be deemed to be occupying the Premises as a Lessee from month to month at the same rent and
subject to all of the other terms, provisions and obligations of this Lease insofar as the same are
applicable to a month -to -month Lessee. At any time, either party may terminate such
month -to -month tenancy by written notice delivered to the other party at least thirty (30) days in
advance of the termination date. If Lessee remains in possession of the Premises, without the
written consent of Lessor, after the expiration or termination of the subtenancy created
hereunder, then (a) Lessee shall pay to Lessor for each day of such possession one hundred fifty
percent (150 %) of all rent for which this Lease provides, computed on a daily basis, and
(b) indemnity and hold Lessor harmless from any loss, cost, claim, liability or damage arising out
of, or connected with such possession.
ARTICLE XVI
MISCELLANEOUS
16.1 Covenant of Quiet Enjoyment. Lessor warrants that Lessee, upon making
the payments and performing the other covenants and agreements of this Lease on its part to be
performed, shall have peaceful and quiet possession of the Premises during the Term.
16.2 Remedies Cumulative - Non - Waiver. The various rights and remedies
herein contained and reserved to each of the parties shall not be considered as exclusive of any
other right or remedy of such party, but shall be construed as cumulative and in addition to every
other right or remedy now or hereafter existing at law, in equity, or by statute, and said rights and
remedies may be exercised and enforced concurrently and whenever and as often as occasion
therefore arises. No delay or omission to exercise any right or power by either party shall impair
any such right or power, or be construed as a waiver of any default or as acquiescence therein.
One or more waivers of any covenant, term or provision of this Lease by either party shall not be
construed by the other party as a waiver of a subsequent or continuing breach of the same or any
other covenant, term or provision. The consent or approval by either party to or of any act by the
other party of a nature requiring consent or approval shall not be deemed to waive or render
unnecessary consent to, or approval of, any subsequent similar act.
16.3 Recordin 7. Neither this Lease, nor any Memorandum thereof, shall be
recorded.
16.4 Applicable Law. The law of the State of Indiana shall govern the
construction, performance and enforcement of this Lease. The headings of the several Articles
and Sections contained herein for convenience only do not define, limit or construe the contents
of such Articles and Sections. All negotiations, considerations, representations and
understandings between the parties are incorporated herein.
16.5 Construction of Terms. Whenever the singular or plural number, or
masculine, feminine or neuter gender, is used herein, it shall equally include the other, and the
terms and provisions of this Lease shall be construed accordingly. Whenever the term
"including" is used herein, it shall be deemed to mean, "including, without limitation," and
neither the use of such term nor the listing of examples shall be deemed to effect any limitation.
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US.54381 124.05
16.6 Agreement Binding Upon Successors. The covenants, agreements and
obligations herein contained shall extend to, bind and inure to the benefit not. only of the parties
hereto, and their respective personal representatives, heirs, successors and assigns.
16.7 Estoppel Certificate. Without charge and at any time and from time to
time hereafter, within ten (10) days after the written request of the other party, either Lessor or
Lessee as the case may be, shall certify by a written instrument duly executed and acknowledged
to any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other
person, firm or corporation specified by Lessor or any lender specified by Lessee, as to the
validity and force and effect of this Lease, in accordance with its tenor, as then constituted, as to
the existence of any default on the part of any party thereunder, as to the existence of any offsets,
counterclaims or defenses thereto on the part of Lessee, and as to any other matters that may be
reasonably requested by Lessor.
16.8 Limitation of Liability. Anything to the contrary herein contained
notwithstanding, there shall be absolutely no personal liability on persons, firms or entities who
constitute Lessor with respect to any of the terms, covenants, conditions and provisions of this
Lease, and Lessee shall look solely to the interest of Lessor, its successors and assigns, in the
Building of which the Premises are a part for the satisfaction of each and every remedy of Lessee
in the event of default by Lessor hereunder; such exculpation of personal liability is absolute and
without any exception whatsoever.
16.9 Time is of the Essence. Time is and shall be of the essence of this Lease
and of each term or provision hereof.
16.10 Consents. Wherever this Lease requires the approval or consent of one
party to a matter proposed by another party, Lessor and Lessee agree that: (a) the proposal and
the granting or denial of approval or consent shall be in writing; and (b) approval or consent shall
not be unreasonably withheld, conditioned or delayed.
16.11 Severability. If any term or provision of this Lease or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Lease, or the application of such term or provision to persons or circumstances
other than those to which it is held invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Lease shall be valid and be enforceable to the fullest extent
permitted by law.
16.12 Headings. The headings of the articles of this instrument are for
convenience and reference only and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of
this Lease.
16.13 Termination for Non - appropriation. Notwithstanding any other provision
of this Lease, if funds for the continued fulfillment of this Lease by Lessee are at any time
insufficient or not forthcoming through failure of any entity to appropriate funds or otherwise,
then Lessee shall have the right to terminate this Lease without penalty by giving written notice
documenting the lack of funding, in which instance unless otherwise agreed to by the parties, this
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Lease shall terminate and become null and void on the last day of the fiscal period for which
appropriations were received. Lessee agrees that it will make its best efforts to obtain sufficient
funds, including, but not limited to, requesting in its budget for each fiscal period during the term
hereof sufficient funds to meet its obligations hereunder in full.
16.14 Non - Discrimination. Lessor shall not discriminate against any employee
or applicant for employment to be employed by Lessor in the performance of this Lease, with
respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter
directly or indirectly related to employment, because of his or her race, religion, color, sex,
handicap, disability, national origin, ancestry, disabled veteran status, or veteran status. Breach
of this Part shall be regarded as a material breach of this Lease agreement.
16.15 Authorization. The undersigned represent and warrant that (i) such party
is duly organized, validly existing and in good standing (if applicable) in accordance with the
laws of the state under which it was organized; and (ii) the individual executing and delivering
this Lease has been properly authorized to do so, and such execution and delivery shall bind such
ply.
16.16 Counterparts. This Lease may be executed in counterparts, all of which
shall be deemed originals.
16.17 Exhibits. The following Exhibits are attached to this Lease:
Exhibit A Description of Premises
Exhibit B Description of Building
Exhibit C Lessee's Work
[Signatures on Following Page]
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US.54381124.05
IN WITNESS WHEREOF, Lessor and Lessee have hereunto executed this Lease
Agreement the day and year first above written.
Seller:
CITY OF SOUTH BEND, INDIANA
By:
Mark Neal, Deputy Mayor
ATTEST:
John Voorde, City Clerk
Buyer:
ST. JOSEPH COUNTY, INDIANA,
acting for and on behalf of the Public Safety
Communications Consortium of St. Joseph
County, Indiana
By: Board of Commissioners
ATTEST:
Peter H. Mullen, Auditor
(Signature Page to Lease Agreement)
US.54381124.05
EXHIBIT A
DESCRIPTION OF PREMISES
US.54381124.05
EXHIBIT B
DESCRIPTION OF BUILDING
US.54381124.05
EXHIBIT C
LESSEE'S WORK
At its expense, Lessee shall
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EXHIBIT D
Consolidated Dispatch Center Operating Cost Allocation Table
ST. JOSEPH COUNTY DISPATCH CONSOLIDATION
Exhibit D
CONSOLIDATED DISPATCH CENTER
OPERATING COST ALLOCATION TABLE
Operating Costs- From Exhibit H
53.62%
29.03%
Personal Services
100.00%
$4,170,440
Supplies
$1,288,674
8,000
Services and Charges
Less: E911 Revenues (1)
1,740,000
(580,637)
Total Operating Costs
(2,000,000)
$5,918,440
$1,307,792
Allocation to Fixed and Variable Categories
$423,000
$2,438,829
Variable (25 %)
$1,479,610
Fixed (75 %)
Variable
4,438,830
$777,467
Total Operating Costs
$1,479,610
$5,918,440
1,307,792
708,037
St. Joseph
2,438,829
Total
County South Bend Mishawaka
Total
Variable Cost
$3,918,439
Monthly Operating Assessments
Call Volume (Per Exhibit E)
28.60% 52.55% 18.85%
100.00%
Variable Costs
$423,196 $777,467 $278,947
$1,479,610
Fixed Cost
Property Values (Per Exhibit E)
53.62%
29.03%
17.34%
100.00%
Fixed Costs
$2,380,267
$1,288,674
$769,888
$4,438,829
Less: E911 Revenues (1)
(1,072,475)
(580,637)
(346,888)
(2,000,000)
Net Fixed Costs
$1,307,792
$708,037
$423,000
$2,438,829
Total Allocated Operating Costs Net of E91 I Revenues
Variable
$423,196
$777,467
$278,947
$1,479,610
Fixed
1,307,792
708,037
423,000
2,438,829
Total
$1,730,988
$1,485,504
$701,947
$3,918,439
Monthly Operating Assessments
$144,250
$123,790
$58,500
(1) This is the estimate of E91 I Revenues for the upcoming year.
EXHIBIT E
Fixed and Variable Cost Allocation Factors
ST. JOSEPH COUNTY DISPATCH CONSOLIDATION
Exhibit E
FIXED AND VARIABLE COST
ALLOCATION FACTORS
Variable Cost Allocation Based on Call Volume
St. Joseph
County South Bend Mishawaka Total
2011
136,272
259,200
96,840
492,312
2012
146,409
264,626
93,180
504,215
2013
142,558
257,395
90,274
490,227
Average call volume
141,746
260,407
93,431
495,585
Percent
28.60%
52.55%
18.85%
100.00%
Fixed Cost Allocation Based on Current Year (2014) Net Assessed Value
St.Joseph
County South Bend Mishawaka Total
Net Assessed Value $4,029,395,476 (1) $2,181,510,508 $1,303_,292_,258 $7,514,198,242
Percent 53.62% 29.03% ] 7.34% 100.00%
(1) Net of South Bend and Mishawaka assessed values.
ST. JOSEPH COUNTY DISPATCH CONSOLIDATION
Exhibit F
FIVE YEAR CAPITAL REPLACEMENT PLAN
2015 2016 2017 2018 2019
Furnishings
Equipment
Technology
Total $200,000 $200,000 $200,000 $200,000 $200,000
EXHIBIT G
Consolidated Dispatch Center Capital Replacement Allocation Table
ST. JOSEPH COUNTY DISPATCH CONSOLIDATION
Exhibit G
CONSOLIDATED DISPATCH CENTER
CAPITAL REPLACEMENT ALLOCATION TABLE
Annual Capital Replacement Allowance- See Exhibit F $200,000
Capital Cost Allocation Based on Property Values
St. Joseph
County
South Bend
Mishawaka Total
Property Values (Per Exhibit E) 53.62%
29.03%
17.34% 100.00%
Capital Costs $107,247
$58,064
$34,689 $200,000
Monthly Capital Assessments $ 8,935
$ 4,840
$ 2,890
EXHIBIT H
Dispatch Center Budget
INDSOI 14532940
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JOHN ,)E
CITY CLERK, iu,7 v ri BEND, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS AMBULANCE/MEDICAL SERVICE FEES
STATEMENT OF PURPOSE AND INTENT
Since 1981, the City of South Bend, Indiana has codified the regulation of ambulance and
medical user fees into the South Bend Municipal Code. South Bend's current ambulance and
medical user fees took effect on January 1, 2009 (Ordinance No. 9887 -08).
The South Bend Fire Administration has regularly reported to the Common Council its
ambulance service activity pursuant to Chapter 9, Section 9 -18 of the South Bend Municipal
Code, and has provided its recommendation regarding adjustment of user fees. Based on its
survey of these fees and charges, and due to increased costs to the City for personnel training and
necessary medical supplies, it is recommended that ambulance and medical user fees be adjusted
consistent with the 2012 Medicare Fee Schedule. In order for the Fire Department paramedic
branch to fully recover the costs and expenses of providing ambulance and emergency medical
services, an adjustment is required of the rates last set in 2009.
It is further recommended by the Fire Administration that hereafter the South Bend Fire
Chief be authorized to adjust these user fees once annually and automatically by the same
percentage rate as any adjustments made to the Medicare Fee Schedule rates, with notice to the
City Clerk after which such new rates will take effect. It is further recommended that the report
to the Common Council required by Municipal Code Chapter 9, Article 13, Section 9 -18, take
place by June 1 of each calendar for the entire preceding fiscal year. These changes are
reasonable, appropriate, and in the best interests of 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 9, Article 3, Section 9 -16 of the South Bend Municipal Code shall be
amended to read in its entirety as follows:
Sec. 9 -16. Ambulance /medical user fee -- Established.
(a) The following user fee schedule shall be charged for all ambulance /medical services provided by
the City through its paramedic branch of the Fire Department:
(b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical
services are provided for a patient using a private ambulance, the mileage fee shall not be
charged; and further provided that when more than two (2) members of an immediate family
residing at the same address are transported per incident, the basic fee, mileage fee, and
emergency fee shall only be billed for two (2) persons.
(c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside
the corporate boundaries of the City of South Bend, Indiana.
(d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically
necessary supplies and services, plus the provision of BLS ambulance services. The ambulance
must be staffed by an individual who is qualified in accordance with State and local laws as an
Emergency Medical Technician -Basic (EMT - Basic).
(e) Advanced Life Support, Level I (ALSI): Means transportation by ground ambulance vehicles,
medically necessary supplies and services and either an ALS assessment by ALS personnel or the
provision of at least one ALS intervention.
(f) Advance Life Support, Level 2 (ALS2): Means either transportation by ground ambulance
vehicle, medically necessary supplies and services, and the administration of at least three (3)
medications by intravenous pus /bolus or by continuous infusion excluding crystalloid, hypotonic,
' ALS I, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations,
Chapter IV, §414.605 entitled "Fee Schedule for Ambulance Services ".
Resident
Non-
Resident
Resident
Non - Resident
(1) Basic Life Support (BLS
$310.46
$414.17
$315.84
$420.07
Nonemergency)
(2) Basic Life Support—(BLS
496.73
662.67
505.34
672.10
Emergency)
(3) Advanced Life Support –(ALS
497.00
379.01
504.08
Non Emergency)
(4) Advanced Life Support--
389.86
786
600.09
798.12
Emergency (ALS -1 Emergency)
(5) Advanced Life Support – (ALS -2
— 853.74
4 , z Q 96
868.55
1,155.16
.
Emergency�
(6) Mileage, Basic (Within City
Limits) (per patient miles, minimum
—io.55
—10.55
12.66
12.66
one (1) mile)
(7) Mileage, Rural (per patient miles,
i 5.97
19.16
19.16.
minimum one (1) mile)
(8) Non - Transport Medical Calls
-200.00
200.00
250.00
(b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical
services are provided for a patient using a private ambulance, the mileage fee shall not be
charged; and further provided that when more than two (2) members of an immediate family
residing at the same address are transported per incident, the basic fee, mileage fee, and
emergency fee shall only be billed for two (2) persons.
(c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside
the corporate boundaries of the City of South Bend, Indiana.
(d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically
necessary supplies and services, plus the provision of BLS ambulance services. The ambulance
must be staffed by an individual who is qualified in accordance with State and local laws as an
Emergency Medical Technician -Basic (EMT - Basic).
(e) Advanced Life Support, Level I (ALSI): Means transportation by ground ambulance vehicles,
medically necessary supplies and services and either an ALS assessment by ALS personnel or the
provision of at least one ALS intervention.
(f) Advance Life Support, Level 2 (ALS2): Means either transportation by ground ambulance
vehicle, medically necessary supplies and services, and the administration of at least three (3)
medications by intravenous pus /bolus or by continuous infusion excluding crystalloid, hypotonic,
' ALS I, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations,
Chapter IV, §414.605 entitled "Fee Schedule for Ambulance Services ".
isotonic, and hypertonic solutions (Dextrose, Normal Saline, Ringer's Lactate); or transportation,
medically necessary supplies and services, and the provision of at least one (1) of the following:
(1) Manual defibrillation /cardioversion
(2) Endotrachealintubation
(3) Central venous line
(4) Cardiac pacing
(5) Chest decompression
(6) Surgical airway
(7) Intraosseous line
(g) Non - Transport Medical Calls: Means a response to a medical emergency call by ambulance
vehicle and the administration of ALS skills upon or medication given to a patient who then
refuses transport to the hospital.
(h) Mileage, Rural, shall apply to vehicle runs made to areas in zones or zip codes designated as rural
by Medicare and the U.S. Department of Health and Human Services in its Medicare regulations.
(i) The above fees shall take effect on JaiivaFy ',=099-Aueust 1, 2014.
(i) Hereafter, and in the event Medicare or other federal or State health care regulations require or
allow an adjustment to ambulance/ medical user fees the South Bend Fire Chief is authorized
to and may amend once annually the user fees set out in subpart (a ) of this Section by the same
percentage as the Medicare Fee Schedule rates for such services have been adjusted. This
adjustment shall not be made until after the filing of the Fire Department's annual report and
review of that report by the Common Council as prescribed by Section 9-18 of this Article.
Upon any amendment to the user fees of subpart (a) of this Section the Police Chief or his
designee shall file notice of the user fee adjustment with the City Clerk, and the adjustments
shall take effect on the calendar date immediately following the date on which notice was filed in
the office of the City Clerk.
Section II. Chapter 9, Article 3, Section 9 -18 (1) of the South Bend Municipal Code is
amended to read in its entirety as follows:
Sec. 9 -18. Annual Review of User Fees by Common Council Following September -1
Annual Report From the South Bend Fire Department.
(a) The South Bend Fire Department shall prepare a report and file the same with the
Office of the City Clerk on or before SepteffibeT-June 151 of each year. Said report shall
summarize ambulance /medical service runs as of gusr -11 "h of that. year for the entire preceding
fiscal year by identifying the number and type of each run; amount billed; amount collected;
amount in collection; number of lawsuits filed; and shall include any intended new user fees
based upon Medicare ambulance /medical service adjustments. r°- e— m° ~a°'i^n" with regard to
(b) The Common Council shall review the report filed annually by the South Bend Fire
Department. The Council's Personnel and Finance Committee and /or the Council's Health and
Public Safety Committee shall make a formal recommendation to the Common Council
following a public hearing. Pata eentained :~ the amitial - ~e~' and testi eny provided at the
eemmittee's hearing shall be used in detefmining fair and equitable user fees,
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
ember of the Common Cou ii
:..arid
Cound S`aSiZ i Cn vola%
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2014, at o'clock _.in.
City Clerk
Approved and signed by me on the day of 2 ,
at o'clock, _.m.
Mayor, City of South Bend, Indiana
Filed In emer,z's o��
:JUL 'S C2014
G 3
3 rd
NOT A PROVED JOHN VClitg9'JE
RIPM ED eM y CLERK, 8SS4fT'P1 BENii, IN
Fn,_-.-.7D _...._._......_,,.,.,_..�..
I222 S. MICHIGAN STREET
SOUM BEND, INDIANA 466oi -z82i
CITY OF SOUTH BEND PETE BuTTIGIEG, MAYOR
SOUTH BEND FIRE DEPARTMENT
.STEPHEN F COX
FIRE CHIEF
Common Council President Oliver Davis
County -City Building
South Bend, IN 46601
President Davis,
PHONE 574/ 235-9255
FAX 574/235-9305
July 23, 2014
I am respectfully requesting the South Bend Common Council consider my recommendation to increase
the Ambulance User Fees charged by the South Bend Fire Department. As stated in City Ordinance No.
9887 -08, I have provided the required Annual Review of User Fees (dated June 23, 2014) with the
recommendation for an increase that reflects the increase in reimbursement amounts allowed by
Medicare. These amounts are current to this year. As I have stated in the past, Medicare typically adjusts
this reimbursement allowance at least annually, which usually includes an increase in the rate of
reimbursement. If adjustments are not made to our user fees, we are unable to take advantage of
Medicare's increases.
I appreciate your consideration on this matter. I look forward to presenting the ordinance to Council at
your Committee and regular meetings.
Sincerely,
VStepn. Cox
Fire Chief
JAMES LOPEZ
TODD L. SXWARGAN
ANDREW J. MYER
JOHN CORTHIF.R
FEDERICO RODRIGUEZ, JR
ASST. CHIEF OPERATIONS
ASST. CHIEF SERVICFS
ASST. CHIEF EMS
ASST. CHIEF TRAINING
FIRE. MARSHAI.
� J
ys - � oz)_ `k --
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,
RAINBOW CHILD DEVELOPMENT, 17316 & 17288 STATE ROAD 23, SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation and for the zoning of 1.76 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 and zoned. It is the intent and purpose of this Ordinance to
annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this
territory
THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AS FOLLOWS:
SECTION I. That the following described real estate situated in St. Joseph County, Indiana,
being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the
present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and
brought within the City of South Bend:
Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees
17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to
the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00
seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet;
thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of
State Road 23; thence North 43 degrees 16 minutes 41 seconds East along said right -of -way
427.88 feet; thence South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00
degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning
containing 1.76 acres more or less.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby
declared to be extended so as to include the real estate of the above described parcel as a part of
the City of South Bend, Indiana.
SECTION III. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in
order that the zoning classification of the above described real estate, with the exception of all
adjacent rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the
same is hereby established as 0 Office District provided, however, that the required, established,
and stated procedures for review of such zoning classification by the Area Plan Commission
have been fully satisfied.
SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
Attest:
Member of the Common Counc'
bin :x a v
CQWxR 8*0orl WJ%
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
of , 2 , at o'clock . m.
Approved and signed by me on the
at o'clock .m.
isl RPADING
PUPL , H"cARING
3 rd READING
NOT APPROVED
REFERR @D
PASSED
City Clerk
day
day of , 2 ,
Mayor of the City of South Bend
Filed in r: r, office
JUL 2 2 2014
J ®PiN ��L' "iY3E
CITY CLERK, SOUTH BEND, IN
PETITION FOR ANNEXATION AND ZONING
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
I (We) the undersigned, make application to the Common Council of the City of South Bend,
Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the
zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which
Petition allege(s) and affirm(s) as follows:
i) I am the owner(s) (hereinafter "petitioner" or "petitioners ") of a parcel of land
more particularly described in Exhibit 'W'.
2) Petitioner(s) desire(s) that the parcel be annexed to the City of South Bend,
Indiana, by proper ordinance.
3) This Petition is signed by one hundred percent (loo %) of the owners of the land
in the territory sought to be annexed.
4) The property sought to be annexed and rezoned is located at:
17316 & 17288 ST RD 23
5) The Property Tax Key Number: 71- 04 -29- 455- 002.000 -003 & 71- 04-29- 455- 001.000-
003
6) The name and address of the property owner(s) of the petition site is /are:
PROPERTY 23, LLC —15138 Stansbury Court, Granger, IN 46530
7) The name and address of the contingent purchaser(s), if applicable:
Rainbow Rascals South Bend LLC —1732 Crooks Road, Troy Michigan, 48084 —
248 -519 -1950
8) The parcel is 1.76 acres in size and currently has the following use(s) on it:
Residential
9) The number of people currently residing on the property: One Residential House
is vacant with the second residence having two people.
io) It is desired and requested that the petition site be rezoned
From St. Joseph County zoning classification:
R Single Family
To City of South Bend zoning classification:
O -- Office
for the following use(s): Day Care
ii) The anticipated "build -out" year for the project: 2015
12) The proposed number of lots: One overall parcel containing 1.76 Acres
13) The proposed miles of new roadways: 0
14) The following information has been submitted with the Petition:
1. a legal description of the property, titled as Exhibit `A',
2. a list of names and addresses of all property owners, along with the tax key
numbers, for all properties within 300 feet of the petition property;
3. seventeen (17) site plans;
4. addressed, stamped envelopes for all property owners within 300 feet of the
petition property.
15) The si nature(s) of all property owner(s), or Attorney for all property owner(s)
Signed:
Address: 542-SS MAf�e LANE A.0
t ,
Signed: ,% //
t. ,
r.
16) Future Property Owner:
Rainbow Rascals South Bend LLC
Phone Number: `>>i 9oy 84Kl
Phone Number: S i y - S-ao -959
1732 Crooks Road, Troy Michigan, 48084 - 248 -519 -1950 -
Pfenton(a), rainbowccc.com
Future Property Owner's Representative
Donna Jo Smithers - Northpointe Engineering & Surveying, Inc.
6125 South East Street, Suite B, Indianapolis, IN 46227
317 - 721 -0031 (Direct) donna @npes.biz
Fred BCI clerk's °,�,;
n 2014
'joHtlr V,( ".0 iDE
CITY CLERIC, SOUI-H SEND, IN
EXHIBIT "A"
DESCRIPTION
Part of the Southwest Quarter of the Southwest Quarter of Section 29, Township 38 North,
Range 3 East located in St. Joseph County, Indiana described as follows:
Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees
17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to
the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00
seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet;
thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of
State Road 23; thence North 43 degrees 16 minutes 41 seconds East along said right -of -way
427.88 feet; thence South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00
degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning
containing 1.76 Acres more or less.
Filed-hi -M k
JUL 22 2e;14
CITY CtEld ?i, -i 3U1 i BEND, IN
Adjoiner's Exhibit
i I
19
I
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i
HRA
°Q 17
o
16 SITE
20 i 21
15 \
I I
14 ; 13 112
I I
I I
I I
Douglas Road
... _ ... ....... - --- _ --- _...r..._...,..._..._..
/ I
� I
3
Cherokee Dn�a
/
1 / /
I I
/ 2 /
/ r
I I
!
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I
5
10 9 / I I
/ I I i
I i i Filed in Ibierk s G f
22 20"
.io+?[l
CITY CLEFT, SOUi'Ii BEND, IN
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CITY CLEFT, SOUi'Ii BEND, IN
0
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Parcel # 002 - 2019 - 042415 — NPES Map #1 Parcel # 002 - 2019 - 042414 — NPES Map #2 Parcel # 002 - 2019 - 042501 — NPES Map #3
WESNER OLEN D AND MARY E
17232 State Rd 23
South Bend, IN 46635
Parcel # 024 - 2019 - 042503 — NPES Map #4
DOUGLAS ROAD PARTNERS LP
227 S Main Street Suite 300
South Bend, IN 46601
Parcel # 002 - 2157 -7495 — NPES Map #7
REFUGIO BER B
17260 Douglas Road
South Bend, IN 46635
Parcel # 002 - 2157 -7491 — NPES Map #10
HORIZON BANK NA
502 Franklin Square
Michigan City, IN 466360
Parcel # 024 - 2019 - 041105 — NPES Map #13
DOUGLAS ROAD PARTNERS LP
227 S Main Street Suite 300
South Bend, IN 46601
Parcel # 002 - 2019 - 040917 — NPES Map #16
SAINT JOSEPH'S CARE GROUP INC
801 E Lasalle Ave
South Bend, IN 46617
Parcel # 002 - 2019 - 040927 — NPES Map #19
MELESKI ANTHONY R
17180 Cherokee Drive
South Bend, IN 46635
Parcel # 002- 2023 - 054801 — NPES Map #5
DOUGLAS RD LAND PARTNERS SOUTH LP
P.O. Box 1331
South Bend, IN 46624
Parcel # 002 - 2157 -7494 — NPES Map #8
PECINA ANDREW
619 Snelling Ave N
Saint Paul, MN 55104
Parcel # 024- 2019 - 041104 — NPES Map #11
DOUGLAS ROAD PARTNERS LP
227 S Main Street Suite 300
South Bend, IN 46601
Parcel # 002 -2019- 041102 — NPES Map #14
TOWER FED SAV & LOAN ASSOC %
COLLIERS INTL PROP TAX GROUP ATTN:
DONALD L NIEMIEC
101 N TRYON ST - NC1- 001 -03 -81
Charlotte, NC 28255
Parcel # 002 - 2019 - 040936 — NPES Map #17
THARP REAL ESTATE LLC
2768 Ryan Blvd
Punta Gorda, FL 33950
Parcel # 002 - 2019 - 040926 — NPES Map #20
HARVEY SALLY
17264 St Rd 23
South Bend, IN 46635
Parcel # 002 - 2023 -0548 — NPES Map #6
LACLUYZE PAUL R AND MARY K
18339 SPRING BEACH DR
South Bend, IN 46637
Parcel # 002 - 2157 -7493 — NPES Map #9
WILKINSON LOIS SEE TRANSFER NOTE
7029 Elmbrook Dr
Fort Wayne, IN 46835
Parcel # 024 - 2019 - 041106 — NPES Map #12
DOUGLAS ROAD PARTNERS LP
227 S Main Street Suite 300
South Bend, IN 46601
Parcel # 002 - 2019 - 040901 — NPES Map #15
PPG MOB FUND IS LLC
% Medical Properties Group LLC
53990 ST RD #23 - SURGERY CENT
South Bend, IN 46635
Parcel # 002 - 2019 - 040923 — NPES Map #18
STATE ROAD 23 PARTNERS LP
53830 GENERATIONS DR
South Bend, IN 46635
Parcel # 002 -2019- 042001 — NPES Map #21
NORTH CENTRAL IN MEDICAL LHO PROPERTIES LLC LHO PROPERTIES LLC
EDUCATION FOUNDATION 53822 Generations Drive 53822 Generations Drive
P.O. Box 4394
South Bend, IN 46634 South Bend, IN 46635 South Bend, IN 46635
Piled in Cler` a;0e
F 1 n
JOHN Y' -'1.1 it76:
CITY CLERX, SOUTH BEND, IN
Filed in Clerk's Off!
CITY
AREA PLAN COMMI
JUL 16 2014
Lawrence P. Magliozzi
Interim Executive Director
Assistant Director
H COUNTY, IN
227VV.. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, July 16, 2014
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of R & T Land Holdings, Inc. property located on the east side of Lombardy Drive,
approximately 200' south of Meadow Lane, City of South Bend - APC# 2712 -14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of R & T Land Holdings, Inc. was legally advertised on
Thursday, July 03, 2014 and that the Area Plan Commission at its public hearing on Tuesday, July 15, 2014 took
the following action:
Upon a motion by John DeLee, being seconded by Robert Schrock and unanimously carried, the
proposed ordinance of R & T Land Holdings, Inc. to zone from LI Light Industrial District to GI
General Industrial District, property located on the east side of Lombardy Drive, approximately 200'
south of Meadow Lane, City of South Bend, is sent to the Common Council with a favorable
recommendation. The industrial zoning classification of this property, along with its proximity to the
railroad line, has made this property a prime candidate for a large industrial user. The appropriate
infrastructure is, or can be, put in place and the proposed buffering will protect the surrounding
residential and recreational uses.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerel ,
Lawrence P. Ma iozzi
Attachment
CC: R & T Land Holdings, Inc.
Nemeth Properties, LLC
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
wwwstjosephcounty nd'anacom /Areaphn
"19
LAWRENCE P. MAGLIOZZI
IN I R ldl EX IIC LI'1'IV II IJ 1 1: C OR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
229 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOU'T'H BEND, INDIANA 46601 (S94) 23S -9591
July 16, 2014
St. Joseph County Council
41h Floor, County -City Building
South Bend, Indiana 46601
RE: Bill # 34 -14
Rezoning: 64 acres southwest corner of Meadow and Lombardy
Dear Council Members:
The following changes have been made to the Ordinance for the above - referenced
petition:
Ordinance:
1) The legal description was revised to fix a missed section, "THENCE NORTH ALONG
SAID EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID NORTHWEST
QUARTER OF SECTION 16, ".
2) Lot 702 of Belleville Gardens was removed from the legal description.
If you have any further questions, please call me at 574 - 235 -9571.
Sincerely, p
b 4.W—)
Christa Hill
Planner
SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA. & ROSELAND
W W W.STJOSEPH C OU NTY INDIANA, CONII III PI an
Staff Report
APC #
Owner:
Location:
7/3/2014
2712 -14
R & T Land Holdings, Inc.
On the east side of Lombardy Drive, approximately 200' south of
Meadow Lane
Jurisdiction: City of South Bend
Public Hearing Date: 7/15/2014
Requested Action:
The petitioner is requesting a zone change from LI Light Industrial District to GI General
Industrial District and seeking the following five variances: 1) from the required minimum
lot frontage of 150' to 0'; 2) from the required hard surface for outdoor storage to
unpaved; 3) from the required Type C: Full Screening on the north to a 6' high berm and
a 100' buffer of existing mature trees; 4) from the required Type C: Full Screening on the
south to none; 5) from the required Type C: Full Screening on the west to a 6' high berm
and Type B: Partial Screening for the southern 350'.
Land Uses and Zoning:
On site: On site is a vacant field.
North: To the north are single family homes in the Belleville Gardens subdivision
zoned SF2 Single Family and Two Family District.
East: To the east is vacant land zoned LI Light Industrial District.
South: To the south is the Grand Trunk Western Railroad and a wooded lot zoned
A: Agricultural District (County).
West: To the west is Belleville Park zoned SF Single Family and Two Family
District and The Arbors at Belleville Park apartments zoned MFI Urban
Corridor Multifamily District.
District Uses and Development Standards:
The GI General Industrial District is established to provide for development of
manufacturing and processing facilities or facilities which may require substantial
amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to
generate heavy traffic and require extensive community facilities. Permitted uses in this
district may require extensive amounts of outdoor storage or outdoor operations. The
permitted uses provided for in this district should be separated from residential districts or
low intensity commercial / mixed use districts by less intense industrial districts.
Site Plan Description:
The total area is 62 acres. Based on the site plan dated 7/1/14, a manufacturing building
and approximately 400 parking spaces are proposed. A large portion of the site will
contain outdoor storage, limited by ordinance to not more than 50% of the total acreage.
The petitioner is requesting this outdoor storage area be unpaved. As an alternative to
Type C: Full Screening, on the north, a 6' high berm will be built 100' south of the existing
residential district, preserving the existing mature trees. On the west, a 6' high berm will
be built with Type B: Partial Screening (2 evergreens every 25') planted in the southern
350' across from the Arbors at Belleville apartments. The storage area will be fenced.
Access will be from an extension of Sheridan Street on the east of the site. This access
APC # 2712 -14 Page 1 of 3
Staff Report
7/3/2014
will not meet the frontage requirement, therefore the petitioner is requesting a variance
down to 0' frontage. An emergency access drive could be granted on Lombardy Drive at
the request of the fire department. Access from Lombardy Drive will need a driveway
permit from City Engineering. A rail spur on the south portion of the site will be
developed in the future.
Zoning and Land Use History And Trends:
The property was zoned E Heavy Industrial on the first zoning map from 1951 and was on
all other maps held in our office until the overall map change in 2005. The Arbors at
Belleville Park apartments were rezoned in 2002 and annexed into South Bend in 2004.
Traffic and Transportation Considerations:
The City is requesting the dedication of Lombardy Drive. Lombardy Drive is a two lane
road serving as secondary access for the apartments. Sheridan Street will be improved and
extended from Sample Street to allow access to the site. The new street must meet City
standards.
Utilities:
There is sanitary sewer in Sheridan. A 6 inch water main could be accessed in Meadow
Lane.
Agency Comments:
The Department of Public Works noted the availability of sewer and water to the site.
Upgrading Sheridan Street to industrial standards will require major expense.
The Department of Community Investment offers a favorable recommendation.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36 -74-603:
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan (November 2006)
ED 4.3: Partner with and support the efforts of State and regional economic development
organizations.
ED 8: Promote economic development efforts that expand the property tax base.
Land Use Plan:
The future land use map identifies this area as mixed use.
Plan Implementation /Other Plans:
The Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002)
future land use map identifies the intersection of the Bypass and State Road 23 as an
industrial growth area.
2. Current Conditions and Character:
The surrounding uses have all existed for some time and are considered stable.
3. Most Desirable Use:
The most desirable use for this property is industrial, with proper buffering to protect
adjacent residential.
APC # 2712 -14 Page 2 of 3
Staff Report 7/3/2014
4. Conservation of Property Values:
With proper buffering, property values should not be negatively affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow an industrial use in a partially industrial
area with rail access.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning, and five
variances from the development standards. The Commission will forward the rezoning to
the Council with or without a recommendation and either approve or deny the variances.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved. These standards are attached and made part of the
staff report.
The petitioner has met with Area Plan staff, City Engineering and the Department of
Community Investment to address the dedication of Lombardy Drive, the extension and
improvement of Sheridan Street and the buffering and landscaping plan.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
petition be sent to the Common Council with a favorable recommendation. The staff
recommends approval of al I variances.
Analysis:
The industrial zoning classification of this property, along with its proximity to the
railroad line, has made this property a prime candidate for a large industrial user. The
appropriate infrastructure is, or can be, put in place and the proposed buffering will protect
the surrounding residential and recreational uses.
APC # 2712 -14 Page 3 of 3
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF MEADOW AND LOMBARDY 64+ OR
ACRE SITE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
THE PROPERTY IS CURRENTLY ZONED "LI," LIGHT INDUSTRIAL. THE BUYER (ANDREW
NEMETH PROPERTIES, LLC) SEEKS A "GI," GENERAL INDUSTRIAL ZONING. THE PURPOSE
OF THIS ZONING CHANGE IS TO ALLOW THE END USER, THE NELLO CORPORATION, INC.
THE APPROPRIATE ZONING FOR ITS INTENDED USE (HEAVY INDUSTRIAL AND
MANUFACTURING OF GALVANIZED TOWERS AND POLES) AS WELL AS OUTDOOR
STORAGE OF BOTH RAW MATERIAL AND FINISHED PRODUCTS.
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 TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP
37 NORTH, RANGE 2 EAST DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
WEST LINE OF SAID SECTION 16, 1180 FEET SOUTH OF THE NORTHWEST CORNER OF SAID
SECTION 16; THENCE SOUTH ALONG SAID WEST LINE OF SECTION 16,1447 FEET MORE OR
LESS TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 16,
THENCE EAST ALONG THE EAST AND WEST LINE OF SAID SECTION 16, 1586.59 FEET,
MORE OR LESS TO THE NORTHWEST RIGHT -OF -WAY LINE OF THE GRAND TRUNK
WESTERN RAILROAD COMPANY; THENCE NORTHEASTERLY ALONG SAID RIGHT -OF-
WAY LINE, 446.9 FEET, MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE
EAST HALF OF SAID, NORTHWEST QUARTER OF SECTION 16, THENCE NORTH ALONG
SAID EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID NORTHWEST QUARTER
OF SECTION 16,1135 FEET, MORE OR LESS, THENCE EAST 4.6 FEET MORE OR LESS, TO THE
SOUTHWEST CORNER OF LAND CONVEYED TO PAUL A. MAVIS; THENCE NORTH ALONG
SAID WEST LINE OF LAND CONVEYED TO PAUL A. MAVIS 140 FEET TO THE SOUTHEAST
CORNER OF THE RECORDED PLAT OF BELLEVILLE GARDENS 2ND UNIT, AN ADDITION TO
THE CITY OF SOUTH BEND; THENCE WEST ALONG THE SOUTH LINE OF SAID PLAT OF
BELLEV ILLE GARDENS 2ND UNIT, 2000.92 FEET TO THE PLACE OF BEGINNING.
be and the same is hereby established as GI General Industrial 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 Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
City Clerk
Approved and signed by me on the day of
at o'clock . M.
Mayor, City of South Bend, Indiana
I st READING (0 - � ' I
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
2
Filed In Clerk's Office
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CITY CLERIZ, SOU i F BEND, IN