The URL can be used to link to this page

Home My WebLink About11-24-08 Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL ' MONDAY, NOVEMBER 24, 2008 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPQRT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 08-102 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING BILL MOOR FOR HIS SPECIAL JOURNALISM TALENTS IN WRITING FOR THE SOUTH BEND TRIBUNE FOR OVER 36 YEARS AND DEVELOPING A LARGE AND LOYAL READER FAN BASE 08-103 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING KENNETH KLIMEK FOR HIS DEDICATED SERVICES FOR THE SOUTH BEND TRIBUNE SINCE 1980 6. REPORTS OF CITY OFFICES A. UPDATE FROM THE DEPARTMENT OF PARKS AND RECREATION 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 33-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS 71-08 PUBLIC HEARING ON A BILL OF THE COUNCIL OF THE CITY OF SOUTH BEND, TRANSFERRING SIXTY-SIX THOUSAND HUNDRED TWO DOLLARS AND ELEVEN ($66,702.11) IN DORMANT MONIES FROM FUNDS TO GENERAL FUND NO. 101 AND OUT THE VARIOUS FUNDS 8. BILLS, THIRD READING BILL N0. COMMON INDIANA SEVEN CENTS VARIOUS CLOSING TIME: 33-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS 71-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING SIXTY-SIX THOUSAND SEVEN HUNDRED TWO DOLLARS AND ELEVEN CENTS ($66,702.11) IN DORMANT MONIES FROM VARIOUS FUNDS TO GENERAL FUND N0. 101 AND CLOSING OUT THE VARIOUS FUNDS 9. RESOLUTIONS BILL N0. 08-104 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ROYAL OAK ESTATES - SECTIONS 2 & 3, A CERTAIN 43 UNDEVELOPED, SINGLE FAMILY LOTS LOCATED SOUTH OF JOHNSON ROAD AND ~ MILE WEST OF MIAMI ROAD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR FIRST FEDERAL SAVINGS BANK 08-105 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS - SECTION 2, A CERTAIN 80 LOTS LOCATED ON APPROXIMATELY 19.9 ACRES APPROXIMATELY 693 FEET EAST OF IRONWOOD ROAD, AND LYING BETWEEN JACKSON ROAD AND KERN ROAD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 08-106 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND ADJACENT TO 3305 LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE- YEAR REAL PROPERTY TAX ABATEMENT FOR GATEWAY PLAZA REAL ESTATE, LLC 10. BILLS, FIRST READING BILL N0. 72-08 FIRST READING ON COUNCIL OF THE CITY AMENDING CHAPTER 9, BEND MUNICIPAL AMBULANCE/MEDICAL L FUND 73-08 FIRST READING OF THE RIGHT US 31 SOUTH REACHING ST. OF 500 FEET, FEET A BILL OF THE COMMON OF SOUTH BEND, INDIANA, ARTICLE 3 OF 'THE SOUTH CODE ADDRESSING SE FEES AND DEDICATED ON A BILL TO VACATE A PORTION OF WAY OF CALLENDER STREET FROM (MICHIGAN STREET), BUT NOT JOSEPH. STREET, FOR A DISTANCE MORE OR LESS, AND A WIDTH OF 50 74-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL RIGHTS-OF- WAY- WITHIN THE CRESCENT OAKS, SECTION ONE SUBDIVISION, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF IRONWOOD ROAD 75-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $320,000 FROM SOLID WASTE FUND (#610),$500,000 FROM~WATER WORKS FUND (#620), $50,000 FROM RELEAF FUND (#655), $46,057 FROM HALL OF FAME DEPRECIATION FUND (#677),AND $800,000 FROM SEWAGE WORKS OPERATIONS FUND (#641) 76-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $500,000 .FROM GENERAL FUND (#101) AND $100,000 FROM COIT FUND (#404) 77-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CENTURY CENTER ENTERPRISE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 78=08 FIRST 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 2008 79-08 FIRST REAPING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51 AND SECTION 4-6 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR LICENSEES OF SCRAP METAL, JUNK, VALUABLE METAL AND RECYCLING OPERATIONS 80-08 FIRST READING ON A BILL OF THE COMMON COUNCIL ~OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14, ARTICLE 9, SECTIONS 14- 56 AND 14-57 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR TEMPORARY RESIDENTIAL ONE-DAY CONDITIONAL USE PARKING PERMITS 81-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW NONREVERTING LOSS RECOVERY FUND 82-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND OR CONTROLLER OF THE CITY OF SOUTH BEND TO MAKE TEMPORARY LOANS TO PAY OFF PREVIOUSLY ISSUED WARRANTS AND MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY AND TO ISSUE TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND APPROPRIATING AND PLEDGING TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF THE WARRANTS INCLUDING THE INTEREST THEREON 11. UNFINISHED BUSINESS A. REPORT FROM THE AREA PLAN COMMISSION 1. BILL N0. 63-08 - REZONING - 921 NORTH BENDIX DRIVE 12. .NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: (~ .-~ Y~ ~~ ~~~ ~~ _t~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING BILL MOOR FOR HIS SPECIAL ' JOURNALISM TALENTS IN WRITING FOR THE 50UTHBEND TRIBUNE FOR OVER 36 YEARS AND DEVELOPING A LARGE AND LOYAL READER FAN BASE ~~„~,~,~, the Common Council of the City of South Bend, Indiana, recognizes that the very heart and soul of a community is shaped by the pride and dedication of its people who labor daily to make the city richer in spirit, by caring for each other's needs and services; and "~~,~, a very special and multi-talented individual, Bill Moor, has shared his many writings with the South Bend community for over thirty-six (36) years; as a South Bend Tribune sports reporter for 24 years with 17 of those years heading up that department; as a public safety reporter, and most recently as a columnist whose special touch has warmed the very souls.of so many; and "71~i~~, Bill Moor's unique blend of what he calls his "IU Cockiness and Fort Benning crew cut" at the beginning of his career with the South Bend Tribune grew into a series of hundreds of human interest stories which captured the minds and hearts of countless readers which have been touched by his "compelling stories"; and "~eas, Bill Moor has indeed had the pulse of our community by his special way of capturing so many of our stories which he wrote with such class, that each of us are so much richer in spirit & in thought today because of his writings through his columns on our local veterans, about those who face serious health challenges, & about life-changing adversities as well as once in a life-time adventures; and "~1, the South Bend Common Council believes that Bill Moor's own words summarize the true character of this fine j ournalist who will be so sorely missed: "...I understood that the `common Joes' out there often had the best stories to tell...l also learned that the read heroes in life don't catch touchdown passes or hit three point shots. They are the police officers and firefighters and teachers and good parents and grizzled, old World War II veterans who came back from the trenches and made our country go...." c~/V~; c_J/,.~ Ge dtx~oG,ed, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates a very special journalist, columnist, and true "Hometown Hero" BILL MOOR for his more than 36 yeazs of writing for the South Bend Tribune and for capturing with his pen, often with wit, sometimes with tears, but always with character and integrity the many caring stories of people and events of the Michiana community. Section II The Council wishes BILL MOOR and his wife, Margaret, only the best in the years ahead as they seek new adventures with family and friends. South Bend is a far better place today because of BILL MOOR Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 15~ District Oliver J. Davis 6`° District Henry Davis, Jr., 2°° District Thomas LaFountain, 3`" District Ann ello, 4`" Dis ~ct vid Varner, 5 District John oorde, City Clerk Timothy A. Rouse, At Large Al `~ ~dy'+Kirsi , At L~ Karp'te_, At Large~~- .Kathleen Cek ~.anski~-F~ arrand, Attu orn-era y(\ Stephen J. Luecke, Mayor Y ~ l ~,~ ~ ~ , C~ ~--- ~. ~~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING KENNETH KLIl~'IEK FOR HIS DEDICATED SERVICES FOR THE SOUTHBEND TRIBUNE SINCE 1980 "~ZP~eaa, the Common Council of the City of South Bend, Indiana, recognizes that South Bend is fortunate to have a diverse population with many talented individuals who contribute daily to our vibrant community, with one of these individuals being Kenneth Klimek; and ate, Ken was born and raised in South Bend, graduated from St. Joseph's High School in 1963 and earned his Bachelor's degree from Indiana University South Bend in 1968; and "~~, Ken taught 7~` and 8~' grade at Holy Cross School for three years and later worked at the Niles Daily Star from 1970 to 1980 where he earned the title of Managing Editor; and `!{'lzPixeaey the Common Council acknowledges that the South Bend Tribune hued Ken as the Assistant Sports Editor in 1980, a position he held until his promotion to Assistant Managing Editor in 1986 through his retirement on November 14, 2008 ;and 7yl~ea~, in addition to his distinguished journalism career at the Tribune and the Star, Ken earned many awards and honors, some of which included earning the Indiana Sports Writer of the Year Award in 1983 and won 1~ place for his 1984 story about the riots in Detroit after the Tigers won the World Series; Ken has taught for the past ten years two journalism classes at ILJ South Bend; and ~`!~lzr~eaa, the South Bend Common Council believes that Kenneth Klimek epitomizes the very best of journalism by presenting the facts or describing events with accuracy .and integrity, which the many readers. of the South Bend area have enjoyed over the years. ~o,r, ~~~ Ge +,t~~~a; by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates another "Hometown Hero" KENNETH KLIl~4EK for a job well done. Ken will long be remembered for dedicating his professional life to become a noted journalist, assistant sports editor, managing editor, assistant managing editor, teacher and professor in the South Bend and Niles areas. Section II The Council wishes KENNETH KLIlVIBK many more years of continued success as he ventures out to spend more time with his two sons, Todd and Kyle, and his five grandchildren. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 15` District Oliver J. Davis 6"'District Henry Davis, Jr., 2°° District Thomas LaFountain, 3`° District ello, 4 Di 'ct ~ ~ -Br. avid Varner, 5 District ~-- \,, John oorde, City Clerk / ~-,, Timothy A. Rouse, At Large Al " ddy" Kirsits, At Large ~,~-~ G~~ te, A~ arge~ Ka een Cekanski-Farrand, Attorney c~d~~d~ _ d°/ ~c~.~~t, .008 Stephen J. Luecke, Mayor BILL N0.33-08 (Substitute) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS STATEMENT OF PURPOSE AND INTENT On May 12, 2008 the South Bend Common Council approved and passed Bi1122- 08 which authorized the Board of Public Works upon request of the City Controller to make claim payments in advance of Board allowance of such claims pursuant to Indiana Code § 36-4-8-14. Bill 22-08 authorized this procedure in full conformity with Indiana Statute, and it is now necessary to codify such authority within the South Bend Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: ' Section I. Chapter 2, Article 5 of the South Bend Municipal Code is hereby amended to add a new Section 2-50.1 which shall read as follows: Section 2-50.1 Preapproved Payment of Claimsl ~ Unless otherwise required addressed by Indiana State law {liana r„ao ~ ~~ ^ a ~^~, the Board of Public Works of the City of South Bend, Indiana, on request of the City Controller, may make claim payments in advance of Board allowance of such claims for the following kinds of expenses: (1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions; (2) License or permit fees; (3) Insurance premiums; (4) Utility payments or utility connection charges; (5) General grant programs where advance funding is not prohibited and contracting party posts sufficient security to cover the amount advanced; (6) Grants of state funds authorized by statute; 1 Indiana Code ~ 36-4-8-14 addresses various miscellaneous ci fiscal provisions and authorized the legislative body to pass an ordinance allowing money to be disbursed for lawful city purnoses under a preapproved payment of claims procedure. (7) Maintenance or service agreements; (8) Leases or rental agreementsZ; (9) Bond or coupon payments; (10) Payroll; (11) State, federal; or county taxes; (12) .Expenses that must be paid because of emergency circumstances; (13) Fees and expenses related to real property transactions such as the cost of obtaining title information, and the recording of documents; and (14) Other expenses expressly permitted by state statute as amended from time-to-time. b~ Each payment of claim made shall be supported by a fully itemized invoice or bill and certification of the City Controller, and the Board of Public Works shall review and allow the claim at its next regular or special meeting following the pre-approved payment of the expense. ~ Notice of any claims requested to be made in advance of Board allowance except for claims of a payroll nature shall be simultaneously submitted by the City Controller to the Office of the City Clerk for informational purposes. Section II Upon the effective date of this ordinance, Ordinance No. 9837-08 passed by the Common Council on May 12 2008 shall be repealed. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South bend Common ouncil Attest: City Clerk ?i~~ ; :rr t gt~ ~},l~q to /t:'Zi a rya E,t°r'tG^a 9~ ,~.q ~'c~~le Cep t..~3 !dF' :d'~! S.s id:.z~ d.A fts E.: r: icea~ _.:i3 'ai~Y~i 'S:e lfxi ti L~ s~r3 - !~:E-t ~S-'-Si e:: i',a~3 f~i St,~i z Indiana Code ~ 6 1 1 20 7 et seq~ which became effective on July 1 2008 rectuires certain leases to be approved by resolution with such provisions be a part of HEA 1001. Presented by me to the Mayor of the City of South Bend, Indiana on the _ , 2008, at o'clock .m. City Clerk Approved and signed by me on the day of o'clock . m. day of 2008, at Mayor, City of South Bend, Indiana t s. I:EADtNG S_2"I-QS pttSLtC t-iEr~P.WG 3 rcS REt'1DfNG ivOT APPROVED REFEnRED PASSED ~il~d (~ ~t~~ ~C'~ Offi~e N OV 1 ~ 2008 JDi~hl VOORD~ Ct`fY CIEi ~, SQ. EEFI®, tCl. 1400 COUNTY-CITY BUILDING 227 W. JEFFExsoN BOULEVARD SoUTx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235-9241 Fnx 574!235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALRDEAN M. DERosE CITYATTORNEY CHIEF ASSISTANT CTIYATTORNEY November 19, 2008 Mr. Timothy Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Bill No. 33-08 (Substitute Version) Dear Mr. Rouse: Enclosed for filing with the Common Council is a substitute version of Bill 33-08 which adds the requirement of notice from the Controller to the Common Council of all claims preapproved by the Controller in advance of a Board of Works meeting, with the exception of claims of a payroll nature. I understand that this modification of the original Bill has been agreed between the Common Council and the Controller. This substitute Bill No. 33-08 also. repeals prior Ordinance No. 9837-08. City Controller, Catherine Fanello, will present this Ordinance to the Council at its Personnel and Finance Committee meeting and at the regular Council meeting. As always, thank you for your consideration. Sincerely, Chu ~_ Aladean M. DeRose Chief Assistant City Attorney AMD/cw THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METETVER JEFFREY L. SANFORD JOHN E. BRODEN D ~~ COUNIY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 5741235-9216 FAx 5741235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER November 3, 2008 Mr. Timothy A. Rouse ~~~~ ~~ ~ .. ~ ~ _ ~ ~ ` President, South Bend Common Council - 4~' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Transferring Dormant Monies in Five Separate Funds to the General Fund Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance transferring to General Fund No. 101 a total of Sixty-Six Thousand Seven Hundred Two Dollars and Eleven Cents ($66,702.11) of dormant monies in five separate Funds and closing out those Funds. The ordinance explains in detail the Funds from which monies are to be transferred and the reason for closing each Fund. The Funds affected by this ordinance are: Build Indiana Fund No. 230 - ($0.33) Redevelopment Bond -Studebaker Corridor Fund No. 310 - ($4,551.49) Redevelopment Bond-Century Center Fund No. 318 - ($52,770.45) EDIT Bond-Plaza Garage Tax Exempt Fund No. 320- ($3,408.81) Taxable Fund No. 321 - ($5,971.03) will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your assistance. ~~~~_~~ f ~~ 4~i'k's E~ffi~e ~~; ~ ;~ - 5 2008 I -...~....,...._._.~J J:~ "~~ trOQ~Y'~~ nc~ely, , M. Catherine Fanello Controller JANICE L. HALL ,JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR I'IU.~v1AN RESOURCES INFORMAZ~IOrrTECI-u~oLOGY~( ~{~.I1~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING SIXTY-SIX THOUSAND SEVEN HUNDRED TWO DOLLARS AND ELEVEN CENTS ($66,702.11) IN DORMANT MONIES FROM VARIOUS FUNDS TO GENERAL FUND NO. 101 AND CLOSING OUT THE VARIOUS FUNDS STATEMENT OF PURPOSE AND INTENT Presently the total sum of Sixty-Six Thousand Seven Hundred Two Dollars and Eleven Cents ($66,702.11) exists within various Funds of the City of South Bend. These funds are now and have been dormant for a year or more, and the purpose for establishing each fund no longer exists. It is therefore appropriate and efficient to close out and transfer the balance on hand in each account to the City's General Fund No. 101. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The sum of Thirty-Three Cents ($0.33) shall be transferred from Build Indiana Fund No. 230 to General Fund No. 101, and Fund No. 230 shall be closed because the last Fund activity occurred in early 2006, and no further distributions to South Bend from the State of Indiana are expected. Section II. The sum of Four Thousand Five Hundred Fifty-One Dollars and Forty-Nine Cents ($4,551.49) shall be transferred from Redevelopment Bond -Studebaker Corridor Fund No. 310 to General Fund No. 101, and Fund No. 310 shall be closed because there will be no further activity in this Fund. Section III. The sum of Fifty-Two Thousand Seven Hundred Seventy Dollars and Forty- Five Cents ($52,770.45) shall be transferred from Redevelopment Bond -Century Center Fund No. 318 to General Fund No. 101, and Fund No. 318 shall be closed because it is no longer needed due- to refinancing of Century Center bonds in 1998 and use of Fund No. 407 to pay the refinanced bonds. Section IV. The sum of Three Thousand Four Hundred Eight Dollars and Eighty-One Cents ($3,408.81) and the sum of Five Thousand Nine Hundred Seventy-One Dollars and Three Cents ($5,971.03) shall be transferred to General Fund No. 101 from EDIT Bond -Plaza Garage - Tax Exempt Fund No. 320 and EDIT Bond -Plaza Garage -Taxable Fund No. 321 respectively, and Funds Nos. 320 and 321 shall be closed because the Funds are no longer needed due. to the refinancing of the Plaza Garage bonds in 2006 and final payment of Plaza Garage expenses in 2007. 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: Member of the Common Council ,., ~.; S. r s" % ~ ~ ~.> F F:" City Clerk ~ '~~~~ a ~n p's~n•tC:e 'd ~w,".a.f'.,}. i~ W.i9,> i3 ~: L5v. t ~ad'anf ~js~. Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2007, at o'clock _ . m. City Clerk Approved and signed by me on the day of o'clock _ . m. 2007, at Mayor, City of South Bend, Indiana 3 r~ REr~.DlP~IG N07 APPROVER REFERRED. `RASSED. ~fi~a an ~~~1°~'~ ~~~ice _____~~.--a ~p~~ - 5 2008 ,IGN~~'JL10R~E CITY CLEFi(, S0. BBN~, lN. _ ~~ ~ ~. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ROYAL OAK ESTATES - SECTIONS Z & 3 A ceYtain 43 undeveloped, si~z,~le family lots located south of Johnson Road and '/ mile west of Miami Road AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR FIRST FEDERAL SAVINGS BANK WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Tax Key Number Lot Number Property Address Section 2 23-1018-0381.57 100 747 Pulling St. 23-1018-0381.58 101 765 Pulling St. 23-1018-0381.59 102 773 Pulling St. 23-1018-0381.63 106 5919 Boxwood Dr. E. 23-1018-0381.65 108 5859 Boxwood Dr. E. 23-1018-0381.67 110 5835 Boxwood Dr. E. 23-1018-0381.68 111 5809 Boxwood Dr. E. 23-1018-0381.69 112 5777 Boxwood Dr. E. Section 3 23-1018-0381.88 - 48 535 Yoder St. 23-1018-0381.89 49 523 Yoder St. 23-1018-0381.90 50 520 Yoder St. 23-1018-0381.91 51 546 Yoder St. or 5745 Buckhorn Dr. 23-1018-0381.93 53 525 Dice St. 23-1018-0381.94 54 522 Dice St. 23-1018-0381.95 55 528 Dice St. or 5813 Buckhorn Dr. 23-1018-0381.96 56 527 Dice St. or 5907 Buckhorn Dr. 23-1018-0381.97 57 521 Pulling St. 23-1018-0381.98 58 524 Pulling St. 23-1018-0381 59 530 Dice St. or 5929 Buckhorn Dr. 23-1018-0382.01 61 514 Gillmer St. 23-1018-0382.02 62 522 Gillmer St. 23-1018-0382.04 64 6006 Buckhorn Dr. 23-1018-0382.05 65 612 Pulling St. or 5930 Buckhorn Dr. 23-1018-0382.09 69 727 Pulling St. 23-1018-0382.10 70 625 Pulling St. 23-1018-0382.11 71 615 Pulling St. 23-1018-0382.14 ~ 74 616 Dice St. 23-1018-0382.15 75 622 Dice St. 23-1018-0382.16 99 708 Dice Ct. 23-1018-0382.26 89 715 Dice Ct. 23-1018-0382.24 91 727 Dice Ct. 23-1018-0382.23 92 733 Dice Ct. 23-1018-0382.22 93 737 Dice Ct. 23-1018-0382.21 94 740 Dice Ct. 23-1018-0382.20 95 734 Dice Ct. 23-1018-0382.29 78 5722 Yellow Wood Dr. 23-1018-0382.31 80 5721 Yellow Wood Dr. 23-1018-0382.32 81 5727 Yellow Wood Dr. 23-1018-0382.35 84 615 Dice St. or 5748 Buckhorn Dr. 23-1018-0382.36 85 5742 Buckhorn Dr. 23-1018-0382.37 86 5736 Buckhorn Dr. 23-1018-0382.38 87 5730 Buckhorn Dr. 23-101.8-0382.39 88 5724 Buckhorn Dr. all in Royal Oak Estates -Sections 2 and 3, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: ROYAL OAK ESTATES, SECTIONS TWO & THREE A PART OF THE NORTHEAST AND SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS NUMBERED 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 61, 62, 64, 65, 69, 70, 71, 74, 75, 78, 80, 81, 84, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, & 99, AS SHOWN ON THE RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 3, RECORDED OCTOBER 17, 2003 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0367824. 2 LOTS NUMBERED OUTLOT A, 100, 101, 102, 106, 108, 110, 111 & 112, AS SHOWN ON THE RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 2, RECORDED JANUARY 22, 2003 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0303821. SUBJECT TO EASEMENT, COVENANTS AND RESTRICTION OF RECORD. and these lots which have individual tax key numbers as shown in the table above, and excepting Outlot A included in the above legal description, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et se ., 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 a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and fords that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the . following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or 3 ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by .census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and fmds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council. - SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, acid further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Coun i~ ~.~. xt,~ .,y ;'~ F se ~s ~`.g~t.:~a ...: ~::~ ~`+ Y NOV - 4 2008 JUr~~ VOQRrE CITY CLrr K, S0. °~,-i:.;~Q,1SJ. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS -SECTION 2 (A certain 80 lots located on approximately 19.9 acres approximately 693 feet east of Ironwood Road, and lyin~ between Jackso~z Road and Kern Road) AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Lots 32 Address Tax Key #s 2322 Basin Street Unavailable for all lots. 33 2330 Basin Street 34 2338 Basin Street 35 2402 Basin Street 36 2408 Basin Street 37 2416 Basin Street 38 .2424 Basin Street 39 2432 Basin Street 40 2440 Basin Street or 5511 Running Deer Drive 41 2323 Basin Street 42 2331 Basin Street 43 2339 Basin Street 44 2405 Basin Street 45 2413 Basin Street 46 2421 Basin Street 47 2429 Basin Street or 5469 Balboa Park Avenue 48 2428 St. Charles Avenue or 5461 Balboa Park Avenue 49 2420 St. Charles Avenue 50 2412 St. Charles Avenue 51 52 53 2404 St. Charles-Avenue 2338 St. Charles Avenue 2330 St. Charles Avenue 54 2322 St. Charles Avenue 55 2319 St. Charles Avenue 56 2327 St. Charles Avenue 57 2335 St. Charles Avenue 5 g 2405 St. Charles Avenue ~59 2411 St. Charles Avenue 60 2417 St. Charles Avenue 61 2423 St. Charles Avenue 62 2429 St. Charles Avenue 63 2435 St. Charles Avenue 64 2441 St. Charles Avenue 65 2447 St. Charles Avenue or 5373 Balboa Park Avenue 66 2511 St. Charles Avenue or 5418 Balboa Park Avenue 67 2519 St. Charles Avenue 68 2527 St. Charles Avenue or 5419 Iberville Drive 69 2609 St. Charles Avenue or 5420 Iberville Drive 7p 2617 St. Charles Avenue 71 2625 St. Charles Avenue 72 2633 St. Charles Avenue 73 2641 St. Charles Avenue 74 2649 St. Charles Avenue 75 2657 St. Charles Avenue 76 2650 St. Charles Avenue or 5455 Julia Street 77 2642 St. Charles Avenue 78 2634 St. Charles Avenue 79 2626 St. Charles Avenue 80 2618 St. Charles Avenue g 1 2610 St. Charles Avenue g2 2602 St. Charles Avenue 83 2534 St. Charles Avenue 84 2528 St. Charles Avenue 85 2520 St. Charles Avenue 86 2512 St. Charles Avenue g7 2504 St. Charles Avenue or 5458 Balboa Park Avenue gg 2509 Basin Street or 5464 Balboa Park Avenue g9 -2517 Basin Street 90 2525 Basin Street 91 2533 Basin Street 92 2541 Basin Street 93 2549 Basin Street 94 2607 Basin Street 2 95 2615 Basin Street 96 2623 Basin Street 97 2631 Basin Street 98 2639 Basin Street 99 2647 Basin Street or 5463 Julia Street 100 2530 Basin Street or 5512 Runnin Deer Drive 101 2538 Basin Street 102 2546 Basin Street -103 2604 Basin Street 104 2612 Basin Street 105 2620 Basin Street 106 262.8 Basin Street 107 2636 Basin Street ' 108 2644 Basiri Street 109 5468 Julia Street 110 5460 Julia Street 111 5452 Julia Street all in Crescent Oaks -Section 2, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: CRESCENT OAKS, SECTION TWO (PROPOSED) A PARCEL OF LAND BEING A PART OF PARENT PARCEL OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MIN[JTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1363.59 FEET TO THE NORTHWEST CORNER OF CRESCENT OAKS, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0829850 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST ALONG THE BOUNDARY OF SAID CRESCENT OAKS, SECTION ONE, A DISTANCE OF 693.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST, A DISTANCE OF 177.14 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 57 SECONDS WEST, A DISTANCE OF 125.00 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST, A DISTANCE OF 232.00 FEET; THENCE SOUTH 85 DEGREES 49 NIINUTES 53 SECONDS EAST, A DISTANCE OF 202.56 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 2030.00 FEET AND A CHORD OF 158.81 FEET BEARING SOUTH 14 DEGREES 23 MINUTES O1 SECOND 'VEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 158.85 FEET; THENCE SOUTH 82 DEGREES 47 MINCITES OS SECONDS EAST, A DISTANCE OF 138.79 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 39 SECONDS EAST, A DISTANCE OF 128.79 FEET; THENCE SOUTH 85 DEGREES 11 MINUTES 32 SECONDS EAST, A DISTANCE OF 50.18 FEET; THENCE NORTH 89 DEGREES 51 NIlNTJTES 57 SECONDS EAST, A DISTANCE OF 270.32 FEET; THENCE SOUTH 88 DEGREES 54 MINUTES 22 SECONDS EAST, A DISTANCE OF 60.01 FEET; THENCE SOUTH 87 DEGREES 44 MII~TiJTES 44 SECONDS EAST, A DISTANCE OF 65.06 FEET; THENCE SOUTH 86 DEGREES 28 MINUTES 34 SECONDS EAST, A DISTANCE OF 60.12 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 110.01 FEET; THENCE SOUTH 02 DEGREES 271VIINIJTES 46 SECONDS EAST, A DISTANCE OF 77.59 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 02 SECONDS EAST, A DISTANCE OF 21.27 FEET; THENCE SOUTH 52 DEGREES 15 MINUTES 17 SECONDS EAST, A DISTANCE OF 153.53 FEET; THENCE SOUTH 02 DEGREES OS MINUTES 58 SECONDS EAST, A DISTANCE OF 68.80 FEET; THENCE SOUTH 35 DEGREES 37 MINiJTES 17 SECONDS WEST, A DISTANCE OF 118.24 FEET; THENCE SOUTH 45 DEGREES 42 MINUTES 59 SECONDS WEST, A DISTANCE OF 113.98 FEET TO THE NORTH BOUNDARY OF DEER HOLLOW AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID NORTH BOUNDARY SECTION THREE PART TWO AS AND THE NORTH BOUNDARY OF STONEHEDGE ESTATES, RECORDED UNDER INSTRUMENT NUMBER 9516217 IN TIC OFFICE OF SAID RECORDER, A DISTANCE OF 1317.09 FEET TO THE SOUTI~AST CORNER OF LOT 31 IN SAID CRESCENT OAKS, SECTION ONE; THENCE THE NEXT FIVE COURSE ALONG THE BOUNDARY OF SAID CRESCENT OAKS, SECTION ONE, EXCLUSIVE OF TIC TEMPORARY TURNAROUND EASEMENTS: (1) NORTH 00 DEGREES 08 MINUTES 02 SECONDS WE5T, A DISTANCE OF 130.01 FEET; (2) THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST, A DISTANCE OF 10.93 FEET; (3) THENCE NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, A DISTANCE OF 367.00 FEET; (4) THENCE NORTH 89 DEGREES 51 MINiJTES 58 SECONDS EAST, A DISTANCE OF 9.51 FEET; (5) THENCE NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, A DISTANCE OF 127.76 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 19.91 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. and these lots which do not yet have individual tax key numbers but are part of the parent parcel with tax key number 26-1035-0589.02, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et se ., 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 a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-I.1-12:1 et se ., for tax abatement. 4 SECTION II. The Common Council hereby determines and fmds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; ox ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and'is limited to five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et se . SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~ In1, , V~ U...c..e..f Member of the Common Counci L`~ ~I~sl:~-~~€i (..~- ivC~S`, ~PPC<~`lE '~~pOPTET~. ~4 [ !'. r;' f rQ" ...3 ^>a E~.,cLSLe`el ~ ~1 ~; iii ~^9,$^"+ 6 ~il~~ to C(~rk'~ ~fi~gc~ OCT 2 3 2008 JOHN ~100ROE CITY CLEli1C, SO. E~ErJ(~, IA. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND; INDIANA, COMMONLY KNOWN AS Vacant Land Adjacent To 3305 Lathrop Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR Gateway Plaza Real Estate, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Vacant Land Adjacent To 3305 Lathrop Drive, South Bend, Indiana, and which is more particularly described as follows: Lot 2 Total Industries Lathrop St-Minor-04/05 New Replat Trans 14822-2/06/04 and which has Key Number 25-1010-0409.01 presently at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sew., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report .and recommended to the Common -Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and fmds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and fmds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the~Community and Economic Development Committee that the area fierein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic .Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Co~{`ric>,l .~;~ ~: <;d ~1~b S.cE3 ~t~~a 1~~~~°~ ~~,~~ Np~ 1 9 2008 aQ~~a vooR~r C11''( GtERIC, S0. ~EN9,1~l. ~,QC3PT~t~. 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOLII.EVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 Fnx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT .JEFFREY V. GIBNEY October 29, 2008 EXECUTIVE DIRECTOR Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: GATEWAY PLAZA REAL ESTATE, LLC Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above-referenced petitioner for construction of a new facility to be located on vacant property adjacent to 3305 Lathrop Drive. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The petitioner, Gateway Plaza Real Estate, LLC. proposes to construct an approximate 31,819 square foot combination warehouse/flex building. Please note that the petitioner is asking for a special exception because the petition does not meet the general standards for a real property tax abatement as set forth in the City's Ordinance The petitioner is seeking a (3) three-year real property tax abatement, and a representative of the petitioner will be available to meet with the Committee on Monday, November 24, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT PAMELA C. MEYEA 574/235-9660 FAx: 574/235-9697 ECONOMIC DEVELOPMENT DONALD E. INKS 574/235-9371 FINANCIAL SL PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235-9371 1280 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE574l235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT ,JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: FROM: SOUTH BEND COMMON COUNCIL BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: GATEWAY PLAZA REAL ESTATE, LLC DATE: October 29, 2008 On August 12, 2008, a petition for real property tax abatement consideration for vacant property located adjacent to 3305 Lathrop Drive was filed with the City Clerk by Gateway Plaza Real Estate, LLC. Please note: The petitioner is asking for a special exception because the project does not meet the general standards for real property tax abatement set forth in Chapter 2, Article 6, Sections 2-77 through 2-83.3 of the Municipal Code of the City of South Bend. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Gateway Plaza is proposing to construct a combination warehouse/flex building. The building will be approximately 31,819 square feet in size and can be demised to seven units of approximately 4,320 square feet each. The building will become Phase IV of the adjacent Gateway Plaza and will be of similar construction. Tenants in the building are likely to be primarily warehouse users, but with some need for front-office space or showroom areas. All suites will have grade-level overhead door access, with at least four slated for dock access as well. The building site covers approximately 1.94 acres. The estimated cost of Phase IV construction is $1,480,180. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAMELA C. MEYEA DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD Fax: 574/235-9697 574/235-9371 South Bend Common Council RE: Gateway Plaza Real Estate, LLC. October 29, 2008 Page 2 Total taxes to be abated during the (3) three-year abatement period are estimated at $79,214. Total taxes to be paid during the (3) three-year abatement period are estimated at $56,076. EMPLOYMENT IMPACT Per the petition, it is estimated that the project, by itself, will not create additional full-time or part- time permanent jobs within the first year of the project, but will enable a tenant, Memorial Health Systems, to move and allow for future growth. Memorial will maintain 14 existing permanent full- time jobs with an annual payroll of $858,924 including one existing permanent full-time minority employee with an annual payroll of $170,000. The total possible gains in employment resulting from construction of the building will depend on the kinds of businesses that locate in it and cannot be estimated at this time, therefore, the petitioner has not presented any projections on jobs created. As a result, no points were awarded for job creation in the Public Benefit Points Summary. However, much like the State of Indiana's Shovel Ready Industrial Park Program, the building will facilitate job creation by providing the necessary infrastructure for new investments to be made quickly and easily by businesses looking to start-up or expand. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been granted or associated with any previous tax abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation azeas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner does not meet the qualifications for a real property tax abatement under the general standazds for tax abatement in the City of South Bend. However, the Ordinance does provide for an exception to the general standards, at the South Bend Common Council's discretion. A (3) three-year real property tax abatement is being sought as a special exception. 29-Oct-08 Gateway Plaza Real Estate , LLC Public Benefit Points Summary' Qualify Earned Available Public Benefit Item: Y or N Points Points Proiect Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub-total Project Related: 0 120 2. Super Size Proiects (point values are cumulativeL: A. 100% to 199% N 0 25 B. 200°f° to 299% N 0 68 C. 300% to 399% N 0 65 D. 400% and Over N 0 52 Sub-total Super Size Projects: 0 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contracts Y 19 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 79 141 4. Wage 8, Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training ~ Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage & Beneftt Related: 124 162 5. Workforce Related: A. Create New Jobs Y N 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 76 152 6. Pay for Municipal Infrastructure: (point values are cumu lative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50% of Extension Cost N 0 26 C. Pay for 51-75% of Extension Cost N 0 39 D. Pay for 76-100% of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Poi nts: 279 1000 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Gateway Plaza Real Estate, LLC Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 279 Base Years of Abatement 3 Additional Years of Abatement: 0 Total Years of Abatement: 3 3 YEAR 29-Oct-08 Gatewa Plaza Real Estate LLC South Bend German Township Real Property Tax Abatement Schedule* Tax Key Number 25-1010-0409.01 Current Assessed Value: 13,000 Estimated Project Cost: 1,480,180 100.00% Current Without 100% 66% 33% Assessed Value: AV & Tax Abatement Year 1 000 Year 2 000 13 Year 3 000 13 Current Assessed Value 100% 13,000 13,000 13, 258,153 153 1 258 1 , 1,258,153 , 1,258,153 Base Assessed Value , , , 85% 0 (1 258 153} (830 381) (415,190) Less Abatement Deduction 153 13,000 271 000 1 13 440,772 855,963 Net Assessed Value , , , Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 557 54,424 557 18,872 36,648 95) (9.328) 0 0 0 461 45,097 557 18,872 36,648 Circuit Breaker Cap 0000% 3 390 38,135 38,135 38,135 38,135 Circuit Breaker Debt Service . 0.5477% 71 6,962 71 6 2,414 549 40 4,688 823 42 Circuit Braker Cap 461 45,097 38,20 , , New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 461 44,635 45,097 44,540 557 2 461 44,635 45,097 26,225 18,872 3 461 44,635 45,097 8,449 36,648 Totals 1,384 133,906 135,290 79,214 56,076 "This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. ESTIMATED TOTAL TAX REVENUE Gateway Plaza Real Estate, LLC REAL PROPER TY -THREE YEARS LAND'` BUILDINGS°* TOTAL Year1 $513 $44 $557 Year 2 513 18,359 18,872 Year 3 513 36,135 36,648 Total $1,539 $54,538 $56,077 ''Current tax levy. ~BRE Bradley CB RICHARD ELIIS (~ctohcr ?~). 2O(1K City o1'Suuth I3cnd ('omnum ('outtcil Suite 400ti C'aunty-C'it}• 227 Vest .Ici7crson 13oulcvard South Bend. Indiana 46601 PO. Sox 540 South Bend, IN 46624 574 237 6000 Tel 574 237 6001 fax www.cbre.com/southbend Rc: Gateway Plaza Real I state, LLC' (the '`Petitioner'") Application 1'or Real Property Tax Ahatement U~ar i.adies and Gentlemen: On hcltai!'ot'th+: above referenced ['ctitioncr. +ve arc requesting, pursuant to Section ?-84 o1'tile Sc-uth Bend Municipal ('ode. a Special I?xccption to the Real Property 'l'ax nbatrment dclinition for Vl'ar+;house Ucvclopment contained within the South Bend tviunicipal Cody. 'fhe dclinition fire ~~1/archouse Development refers to: "economic activities described in major groups 421.422, and 493 of the ~~'ctrth Amcriran lndtr.crr~~ C'Icrs.+~i/iculiott Litirc~clSrutcs, ?O0? manual published h}' the United States Oliiee of Management and Budget'ti Economic C'lassilication Policy Committee, which manual is herehy incorportted by reference..." Ho~~ever. in the 2002 version of the manual the economic act. vibes described in groups 421 and 422 were moved to other groups. t)ue to scrivener's errors the group numhcrs +vcrc not revised +vhen reference to the 2003 version ol'the manual was incorporated ir,t~~ the i;-tunicipal ('ode. Group 493 is very limited in scofn: and d.~~s not include the t}~pe ul' activities to bo carried out in the building as proposed M• tlt~ l=etitioncr. Groups 4'? 1 and 422 include many of those activities. 1'ul'ii+;l', those ~,ctivitie havz been included in groups 423.424. and 425 of the 2002 manual. In ~ i.;~~~ afthe above explanation. rind ~hc considerable amount ofadditional investment proitosed in the City. the I'etitiuncr is requesting a Special lxceptiun for the 1'rojcct. 'hunk you very much fir your +:on.;iderutic,tt ,~f this rcyuest. II~}ou have any questions, plcu,c i'>`+:I ~rec to contact u;. ~in~.ercly. J ie Ruir. C 3 i:ichard Ialis/llradicy u5 /agent lire ~iatc•wa}• Plaza I:cai I:,tatc. I.L(. r-•- ~~`-~»`4 STATEMENT OF BENEFITS ,~...~. ~~~'~'''~~ REAL ESTATE IMPROVEMENTS `•. ' ~~~ State Form 51767 (R2 / 1-07) ~_.~~;/ Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ® Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20_ PAY 20_ FORM SB-1 /Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEfv1EN7 OF BENEFITS. (!C 6-1. f-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redetiefopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, Whichever is applicable, must be bled with the CounfyAudifor by the toter of.• (1}May 10; or (2) thirty (30}.days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application tc show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3Q)J 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. • - .elf Y •~•, d4: •~- ,,y • • ~.S'D' 4 'S. ~~~:.`. '~b'.J ~.1 ~.~ Fl~'+t J1.. Name of taxpayer Gatewa Plaza Real Estate, LLC c/o CB Richard Ellis Bradley Address of taxpayer (numberand street, city, state, and ZIP code) P.O. Box 540 South Bend IN 46624 Name of contact person Telephone number E-mail address Jamie Ruiz 574 237-6000 'ruiz ~ • , ?.~: d`L,-. ..~. ;~ i r/, v,i f_«~N • e . •IX'1M-' • • - • • `17• , - • -+':s~ 'i a :1''•,M'~ _ '~,' Name of designating body P.esolution number Common Council Location of property County DLGF taxing district number Vacant land ad'. to 3305 Lathro Drive St. Joseph German Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) t f 19 +/ - square oo Redevelopment: Proposed construction of a 31,8 10 1 20 industrial flex building to be known as Phase IV of the adjacent Estimated completion date (month. day, year) Gateway Plaza development. Multi-tenant building witfi.up to.7 uni s. 7/31/2009 a • i'l~r'•: ~'F. '•`.+• X • .a • 33. . -~a. • •' • 7t • ~ ,t,'4:v4:. W;~ _`t~ Current number Salaries Number retained Salaries Number additional Salaries 14 ($858,924 14 I $858,924 IO IO :~- M • '"~ l.'sz ~ X .:'ti..,, 3. •\ ~. c • • • - • • ~. - • ~ - .u:K' '•5'~_'1i, ilr `~.~-t~ NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project 1 493 180 . y~M . . ~-a ~. u • k I_- as a - . -ta• i ~- • --.f'.'-` -1 _ ~?' .Estimated solid waste converted (pounds} TRD Estimated hazardous waste converted ound - _-_ _ Otherbenefi[s Cil~pj ~~ ~`~~'~~~` ~IL'e 1- I ca See attached Exhibit D. AJ~~ 1 ? 2008 JQtih! VO~aD~ CITY CLEi1K, ~0. BES~D, IN. I hereby certiry that the representations in this statement are true. Signature of autha ' d r esentaNve Titl ' n - Date signed ( onth, a}; ear) ~ ~ e v G~1Q ~ ~ D // U Page 1 of 2 ~~/,~jt ~.~ar ~~ . ,~. ". ~ .. ,. ~ ~. a y„~y,~ru,~ir~l 'Cfl~ Y~if rsa+'r -~ _ __,r.ara _ _ _ We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the. resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No ^ Yes ^ No 3. Occupancy of a vacant building C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 1 . 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I_C., 6-1.1-12.1-1, et seq., and South Bend Municipal Code Sec. 2-76 et seq., for this petition states the following: Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: Please see attached Exhibit D. Land Size approximately 1.94 acres; Building Size approximately 31,819 square feet, yet to be determined. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Tenants in the building are likely to be primarily warehouse users, but with some need for front-space office or showroom (similar to existing Gateway tenants). All suites will have grade-level overhead door access, with at least 4 slated for dock access, as well. 3. Estimate the dollar value of the project (excluding land): 1 480 180 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: X13 000 (land only 2007 German Township assessment).. 5. (a) The real property forwhich tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business .organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST (°lo) Gateway Plaza Real Estate LLC 202 S Michigan Ste. 200 100% c/o CB Richard Ellis Bradle South Bend IN 46601 (Rev 8/11/08) (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST(%) Memorial Health S stem lnc. 2301 Bendix Drive Ste. 500 ±6 480 SF The owner, via its appointed broker, will aggressively market the property to increase leasing activity and secure additional tenants for the building so as to retain and expand job opportunities. 6. The commonly known address of the Property is: Vacant Land ' 7: The Key Number(s) of said property is: 25-1010-0409.01 8. A legal description of the above address is attached hereto, marked Exhibit A, and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked Exhibit B, and '~ incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 11. The redevelopment or rehabilitation project itself will create ~ full-time and 0 part-time permanent jobs within the first year, representing a new annual payroll of $858,924 and will maintain 14 existing permanent full-time and 0 existing permanent part-time jobs including existing permanent full-time minority employment of 1 and existing permanent part-time minority employment of 0 with an annual payroll of $170.000. This project will maintain the existing personnel. 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): No immediate new positions will be created with Memorial's expansion, however they have requested that build-out plans include an additional doctor's office to plan for future growth. 13. Provide current employment wage information including; base rate, cost-of-living allowances, hazardous-duty pay, incentive pay including commissions and production 2 (Rev 8/11/08) bonuses, on-call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements (average hourly rate or range): Full-Time Part-Time Laborers $ 15.00 $ N/A Technical ~ $ 36.00 $ N/A Managerial $ 0 $ N/A Administrative $ 24.11 $ N/A 14. Indicate whether your company provides the following benefits (use Y/N): _Y_Health Care Benefits _Y Pension Plan _Y_Employer Provided Training (recognized or certified training/educational courses or programs) _N_Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance ~to its employees without private transportation to get back and forth from residence to place of employment) _N^Employer-Assisted Housing Program (provide an employer-assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR 25-1010-0409.01 2006 pav 2007 $513.00 (Land Only)* 2005 pav 2006 $522.76 (Land Only)* 2004 pav 2005 $496.42 (Land On{y)* Per the St. Joseph County Treasurer's office (5/21/08), there is no record of taxes paid prior to 2004 pay 2005, as there were no assessments. `Real Property Taxes only; Personal Property Taxes not applicable. 16. Please list the number of full-time and part-time minority employees for each of the last three years: 3 (Rev 8/11108) Year 2008 2007 2006 Full Part Full Part Full Part Black 0 0 N/A N/A Hispanic 0 0 Asian 1 1 Indian 0 0 Other 0 0 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: Diversity mandatory training and education meetings for all staff yearly. 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235-9335 for information on this section): N Conversion to residential use of a commercial Eligible Building as designated by the Community & Economic Development Dept. N Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant ih the most recent Historic Preservation Commission county wide survey. N Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department N Pays for the cost of cleaning up a Brownfield, which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. N Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): NIA 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? NIA 4 (Rev 8/11/08) 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): No. 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). Please see attached. 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). Please see attached. 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAILS) major group within which the proposed project would be classified, by number and description: 67999905 Real Estate Investors 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 531120 Lessors of Non-Residential Buildings 27. The current use of the Property is Vacant Land and the current zoning is LI-Light Industrial. 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. No. 29. Other anticipated public financing for the project including, if any, industrial revenue- bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, 5 (Rev 8/11/08) Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. None. 30. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Jamie Ruiz Address: 202 S. Michigan Street, Ste. 200 City, State, Zip: South Bend. IN 46601_ Telephone: (574)_237-6000 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: Jamie Ruiz (as authorized by interested tenants) Address: 202 S. Michigan Street. Suite 200 City, State, Zip: South Bend, IN 46601_ Telephone: (574) 237-6000 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): . __._~ --- Gateway Plaza Real Estate, LLC __~ . :, ~1l' ~ ~ ~ _ By: ~rv JeFi~~ ~~'~~~~ Jamie Ruiz, CB Richard Ellis ~ Bradley C(I ~ CLCf:i., ~0.6E1:~, ~N. as Agent for Gateway Plaza Real Estate, LLC (Rev 8/11/08) In the following chart please list the companies that will be used for the construction associated with the project. Indicate the name and address of each company; list the dollar amount of the work to be provided by each company; indicate whether or not 100% of the workers are employees of that company and not independent contractors; indicate whether or not the company pays workers wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of Labor; indicate whether or not the company contributes to a health plan for its employees; indicate whether or not the company contributes to a pension plan for its employees; and indicate whether or not the company maintains an affirmative action plan or other similar plan to achieve racial diversity Local companies include those located in St Joseph County Additional information may be requested for verification of this information. Local Companies* i~ ( t~.'1!lI,X.~tl ,~.t;,~ll_.- .- Ma'ority Builders, Inc. e tl -~ t .,S;JI}l:t:.l ~.'~ ~~ 62900 US 31 South .NJ. ll; South Bend ~fci N Q~,t' 6614 _4C1i) 819,650 440 73 '~i a!! 1 t 1 s~tl,lt } ( 1_. . ~. ._:.. yes es tF~' m'.t ,,! ? ,1.~ a,- no yes ~,1 .fit t, es yes 1, yes yes .r.r, yes yes ti t C PO Box 1775 South Bend IN 46634 , $ on ruc ons Rieth-Rile es es es yes Overhead Door Cor 58745 Executive Dr Mishawaka IN 46544 $62,540 es no yes yes yes Tri Valley Glass Co., Inc. 50820 US 33 North South Bend IN 46637 $26,880 60 yes no yes yes es Lambie's Paintin ,Inc. 23430 Madison Rd South Bend IN 46614 $6,2 yes es yes yes yes VFP Fire Systems 3725 Cleveland Rd South Bend IN 46628 $51,150 es y no yes es yes Pritchard Mechanical, Inc. 23978 State Road 2 South Bend IN 46619 $36,610 0 es no yes yes yes Campbell Electric Co., Inc. PO Box 1142 Mishawaka IN 46546 f L 1 t $70,20 51 146 730 yes e To oca Total for Protect $1,320,530 Percentage of Protect 87% *Companies located within St. Joseph County, IN Non Local Com anies** p _rA , ! 1' l ll~ : 3 1 :f(. ,I111'~ . j~, I It ',5 „~l 1~ ~'~!!1 ~Llt~a\.lt!!l!' - Overholt Mason f'.if!~:L:.}~1/~~~S:.taA i.~.: 12340 Count Road 4 ~t1} Middlebu ~ ct!`. IN ~ ~Al.: 46540 ~ Ni!,i!: b.l!t!itt _.1... '.1.. $65,800 R l l ttU .a ) i i es e " 1, no 11 It:~ no es r~Ia~!. no yes ,.tl,'r. . yes yes Michiana Steel Erectors, Inc. 25416 Count Road 6 Elkhart IN 46514 $108,000 es no y Total Non-Cocel $173,800 Total for ProJact 51,320,530 Percentage of Protect 13% **Companies located outside of St. Joseph h !;~`';°~ did j '?~r..,q .~ . '1 I rl .- ) .. -.1/'. I ~..J..~~ ~ ~ ~ ~ '1 JfS,a~L ° t CITY r; : . ~.; ~ ~y0, I.v. In the following chart(s) please indicate companies that were used for purchasing materials used in the construction or rehabilitation associated with the project. Include the location of the company, description of the materials, and cost of the materials. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. ~oca~ companies-- 1 1' tl t I. I1. .ir 11 ~ ~ .. .. .rSl.'. .:. .. 1`ii ir. Vii!!. ~~~a:6:t I, t+l. f.~~~'.") 1~~l;ira rY`!f~: :. ~: t , 4 ..~ ~'!.,"..~ ,-.11 i r r ~ tl," 000 $110 000 $110 Aggregate Industries 24423 State Road 23 South Bend IN 46614 Concrete i , 000 $44 , 000 $44 CMA Sup I Co., Inc. 910 West Ireland Rd South Bend IN 46614 es Concrete & accessor , 650 $5 , 650 $5 Inc. JW Werntz & Son 1002 Kerr Street South Bend IN 46601 Doors and Trim , , , 650 $159 $159,650 Total Local , 'Companies located within St. Joseph County, IN Non-~oca~ companies-- _.. ..' ~ - _.__. 1 ~ ~.~ .i Ul!!:~-11 ~'.Il{: Ill: . '0.- ~-... ,,. . Il.., ~t1111~f~M11..1~ {~}-: ,p •~I1~" ~1r11'..... -.11.1 tt ( ~31:f:l i~l"l i(.)1,. 111!)'{.~~~~i.-~1.. e~ ~.i'...~~i lii')°f: ;i ,~ 1::;.:.;, -~ tl'!P~'S~, Tote! Non=Local 0 0 "Companies located outside of St. Joseph County, IN EXHB130T ~4 Leal 6?eSCr683t@00'GS Parce125-1010-0409.01 Lot 2 Total Industries Lathrop St-Minor-04/05 New Replat Trans 14822-2/06/04 ~~ E-- ~ ~:,, ~~~~~ ~ ti~ ~~ ~~ ~ ~~~rF ,~~T~PB C~ cXG~9SIT ~ Zoov ~~M.M {MrIN CMIr~T« bM 1R[ t10~'tll Cd~llf! 90ALE: 1' 100' GERMP,N TWP. E.~/2 S.E./d SEC. 28 T.38N. R2E. 3-28H i~I.[a tie ~I,...- ~~UG i 2 2t~J3 I LLTR RTA ST I EXFdBBST C Property Photographs Taken August 7, 2008 7 - ~.;: _ { i ~~ - :, .-,~ .. ~ ~' ,, ~ ~~ ~, ~?t r. ,«.,. ,,, v~~"~~r~ 3 f r .,4 , ~ s -, •. ,,,,~t11 ,~s. ~g , ,~ , ~ ,f Y :r.7 ~ d +~ 1 ~i 1 ~ . w.Y.•~ Standing northeast, shooting northwest ~' E~~F~r 3 ~.. _...._ _ __.__.. i :_iCI;3 J~ .-~~.~ Standing east, shooting west Standing east, shooting northwest Standing northeast, shooting southwest Standing southeast, shooting southwest Standing northeast, shooting southeast Standing southeast, shooting southwest _ __ - ~.. ~. .: - •P1.'° ~ ~,f Standing southwest, shooting southeast ~Oi'~i'i Uv~~^- Standing southeast, shooting northwest Standing west, shooting east Standing southwest, shooting northeast ~EXF9i~9T Pu~oposed Redeve@opovrent ~ 9rnp~u~overraenYs The owner intends to construct a new building, comprised of approximately 31,8'19 square feet, as Phase IV of its adjacent Gateway Plaza development. The new building will be of similar construction as the existing Gateway buildings and can be demised to 7 units of approximately 4,320 square feet each. The new construction will bring additional industrial/office flex space to the South Bend market, a product type that has shown demand in recent months, with low to moderate availability in terms of supply. The building will also accommodate tenants, such as Memorial Health System, with expansion needs, thus justifying their relocation out of the existing Gateway buildings. Adding space on-site to fulfill these needs will enable tenants to remain at the property and consequently, carry out longer lease terms. • -----. ;~:., :; , ~, ,, i =. . _ 1 t C' CLEhii(, SG. Eta;.;^, llt. Bill No. -08 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND STATEMENT OF PURPOSE AND INTENT Since 1981, the City of South Bend, Indiana, has had regulations codified into the South Bend Municipal Code which address ambulance and medical user fees. The current ambulance and medical user fees took effect on August 1, 2002. The South Bend Fire Administration has conducted a survey of these fees and charges and believes that adjustments are warranted in light of increased costs to the city for medical training and certifications, as well as in light of the increased costs for needed medical supplies. The proposed fee adjustments also follow Medicare billing guidelines. This ordinance is believed to be in the best interests of the South Bend Fire Department, and the City of South Bend, Indiana, to help maintain the best possible public safety services in this area. ~~ ~~,~ ~ ~~~ ~ ~omv~reoaz ~'l of the City of South Bend, Indiana, as follows: Section I. Chapter 9, Article 53 of the South Bend Municipal Code is amended to read in its entirety as follows: ARTICLE 3. AMBULANCE/MEDICAL USER FEE AND DEDICATED FUND Sec. 9-16. Ambulance/MedicalUwr Fees. (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: . Resident Non- Resident (1) Basic Life Support (BLS Non-Emergency) $281.05 $374.74 (2) Basic Life Support (BLS Emergency) $449.69 $599.58 (3) Advanced Life Support (ALS Non-Emergency) $337.26 $449.68 (4) Advanced Life Support (ALS-1 Emergency) $534.00 $712.00 (5) Advanced Life Support (ALS=2 Emergency) ~ $772.91 $1,030.54 (6) Mileage, Basic (Within City Limits) (Per patient miles; $ 9.63 minimum one (1) mile) (7) Mileage, Rural (Per patient miles, minimum one (1}mile) $ 12.84 (8)Non-Transport ALS Medical Call $100.00 $150.00 (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).1 (e) Advanced Life Support, Level 1 (ALS1) 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, 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 ALS procedures: (1) Manual defibrillation/cardioversion (2) Endotracheal intubation (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. 1 ALS 1, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations, Chapter N, §414.605 entitled "Fee Schedule for Ambulance Services". Ordinance Addressing Ambulance/Medical Services Fees Page 3 (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 January 1, 2009. Sec. 9-17 Dedication of Ambulance/Medical User Fees Revenues to the E.M.S. Capital Improvement Fund, Fund # 288; Quarterly Transfers The revenues generated by the rates set forth in Sec. 9-16 shall be dedicated to defraying the expenses of the E.M.S. operating budget, a part of the General Fund of.the City of South Bend and for capital purchases and leases of E.M.S. equipment, firefighting equipment and fire station repairs. All moneys collected will be deposited in the E:M.S. Capital Improvement Fund; Fund # 288. Quarterly transfers in the amount of sixty-two thousand five hundred dollars ($62,500.00) will be made from the E.M.S. Capital Improvement Fund on or about the last day of each quarter of the calendar year. Annual transfers shall not be less than two hundred fifty thousand dollars ($250,000.00). Sec. 9-18. Annual Review of User Fees by Common Council Following September 1St 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 September 1St of each year. Said report shall summarize ambulance/medical service runs as of August 15th of that year by identifying the number and type of each run; amount billed; amount collected; amount in collection; number of lawsuits filed; and recommendations with regard to fee amounts. Any fee recommended fee adjustments shall include reasons for the requested adjustments. (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. Data contained in the annual report and testimony provided at the committee's hearing shall be used in determining fair and equitable user fees. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication. Council Member Thomas LaFount~~n' Personnel and Finanee Committee Chairperson Member of the Common Council ,~-,,~~~t': e ~qZ }R:'Ren P'P:~'[ ~,~x f"t~ ;F!P ~' Lnrc~~a ~ ~n R~~ { n .'' ~ ,.:~Et.s bt~d6SpEaE~'~'wF,R~~ Fball ~i{i~ ~~...P''.°a 4 Ordinance Addressing Ambulance/Medical Services Fees Page 4 Council Member Karen L. White Health & Public Safety Committee Chairperson Member of the Common Council Council Member Ann Puzzello Health & Public Safety Committee Vice-Chair Member of the Common Council John Voorde, City Clerk ~~~dby me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of 2008, at o'clock _ m. Janice Talboom, Deputy Clerk .m: ~~,~,~~~ ~,~d ~ by me on the day of at o'clock Stephen J. Luecke Mayor City of South Bend, Indiana NOV 1 9 EGGS d01f1'a ~/~G~U CITY CLEE=~K, vQ. EMfla, I:J. ~ ~~ \EACB/j ~y 1865 R 441 County-City Building .227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Timothy A. Rouse President Oliver J. Davis Vice-President November 19, 2008 Derek D. Dieter The South Bend Common Council Chairperson, Committee 4~' Floor County-City Building of the Whole South Bend, Indiana 46601 Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third .District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy" Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large Re: Ambulance/lYIedical User Fee Ordinance Dear Council Members: (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www. southbendin: gov During this year's labor negotiations between the City of South Bend and representatives of the South Bend Firefighter's Association Local No. 362 of the. International Association of Firefighters AFL-CIO, there was agreement to work together in order to assure that the best possible fire safety services are provided by the South Bend Fire Department to the citizens of our community. In addition to facing the financial challenges, there was agreement to work toward developing Improved departmental efficiencies Enhanced accountability Developing abetter cost/benefit analysis of public safety services As a result of these discussions, we are filing the attached ordinarice which would make user fee adjustments for the many medical services provided by the South Bend Fire Department. This ordinance has had the input of Fire Chief Howard Buchanon, II, Assistant Chief Mark Nowicki and Assistant Chief Stephen Cox. Assistant Chief Cox conducted extensive background work on this project and will be filing a memorandum in support of this ordinance. Input from Local No. 362 was also sought, as we worked in collaboration with all parties. The current fees charged were established in 2002, and are used to offset expenses incurred by the South Bend Fire Department in delivering such medical services. The proposed use fee schedule follows Medicare billing guidelines and are recommended to be modified as follows: Kathleen Cekanski-Farrand Council Attorney Resident (2) Basic Life Support (BLS Emergency) ~$-3-08 $449.69 ~3'I-S-$599.58 (3) Advanced Life Support (ALS Non-Emergency) X98 $337.26 ~~$449.68 (4) Advanced Life Support (ALS-1 Emergency) X488 $534.00 Q^$712.00 (5) Advanced Life Support (ALS-2 Emergency) Q^~$772.91 X559- $1,030.54 (6) Mileage, Basic (Within City Limits) (Per patient miles, minimum one (1) mile) X5:4-7- $ 9.63 (7) Mileage, Rural (Per patient miles, minimum one (1) mile) ~-~.-~-$ 12.84 (8) Non-Transport ALS Medical Call ~-$100.00 -$150.00 Terminology in the ordinance has also been updated to correspond with the federal guidelines which are codified in the Code of Federal Regulations. Revisions have also been made to have greater transparency of the process of annually reviewing the reports which summarize the number and type of ambulance and medical service runs; amount billed; amount collected; amount in collection; number of lawsuits filed; and recommendations for fee adjustments along with justification for such requested adjustments. This annual report would be required to be filed with the -Office of the City Clerk on or before September 1st of each year. The report would then be given a public hearing through a joint committee meeting of the Personnel and Finance Committee and the Health and Public Safety Committee thereafter. We believe that this ordinance is needed in order to continue to provide top-quality ambulance and medical services through the South Bend Fire Department in acost-efficient manner. We ask that. the ordinance be referred to a joint committee meeting of the Personnel and Finance Committee and the Health and Public Safety Committee, so that you may receive additional information from Fire Chief Howard Buchanon, II, Assistant Chief Mark Nowicki, Assistant Chief Stephen Cox, representative of South Bend Firefighter's Association Local No. 362, and concerned citizens. We urge each of you to support this public safety measure. Thank you. Sincerely, Council Member Thomas LaFountain Personnel and Finance Committee Chairperson Council Member Karen L. White Health & Public Safety Committee Chairperson Council Member Ann Puzzello Health & Public Safety Committee Vice-Chair Gov ~ ~ ?cUs JOFitd ~CuF~CE CITY CL£ItX, 6~ °`...~'~~.~lt!'--- ORDINANCE NO. AN ORDINANCE TO VACATE A PORTION OF THE RIGHT OF WAY OF CALLENDER STREET FROM US 31 SOUTH (MICHIGAN STREET), BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50-FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following properly: A PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND BEING THE RIGHT OF WAY OF CALLANDER STREET FROM US 31 SOUTH (MICHIGAN STREET) TOWARD, BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50 FEET. DEDICATION OF CALLANDER STREET WAS. RECORDED IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS ON NOVEMBER 25, 1959, IN BOOK 596, PAGE 23 THRU 26. Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of a{I utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Key Numbers: 023-1035-1759 023-1035-1762 023-1035-1769 023-1035-1760 023-1025-1761 023-1035-1767 023-1035-1768 SECTION IV. The purpose of the vacation of the real property is to enable the property to be used in a retail store development. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Cour~~ij _ `~ m. s Attest: ~@~ f~^~ p t } } ,.' 6~ 1. ~ y?1 t`~. ~~~ `~ ~'~ ~~ee y} ~" s+ ViPs'~6[4~r~~ t2~lia:~~ i1'i~ @3~~J ~`ei~tt~r City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the. day of 2 , at o'clock . m. 1st 1ZEADING ~ (-Z`l-~~ r~ve~lc I ~Er~RIr~G 3 rd READING NOT APPROVED RE~ERP.ED ' PASSED Mayor, City of South Bend, I nu ~i~~~ l~ ~1~~~'~ ~~~~~~~ ~~~ ~. 6 2008 JDFiF! VOpRDE CITY CLE K, S(?. BEfd SOUTH BEND CITY COUNCIL PETITION TO VACATE STREET T. Arthur Stump petitions to vacate Callander Street pursuant to Indiana Code Sec. 36-7-3-12 between 5t. Joseph Street and South Michigan Street, specifically that portion of Callander bordering the following parcels: Ke No. Legal Description Address Y 023-1035-1759 Lot 1 & 2 N Pt Sw E of Hwy Sec 25-37-2e 4600 S Michigan St South Bend, IN 46614 023-1035-1760 74.48x179.15 Beg 430 5 Ireland Rd & E Line 130 E Callander St US 31 Ex EW 10 to State Sec 25-37-2e South Bend, IN 46614 023-1035-1761 60x135 on Callander E of US 31 Sw'/ 4600 S Michigan St Sec 25-37-2e South Bend, IN 46614 023-1035-1762 135x149.85 Beg S of C/L Ireland & 342.46 4600 5 Michigan St E of E Line US 31 Lot 3 Sec 25-37-2e South Bend, IN 46614 023-1035-1767 110x141.32 Beg 420.17 E of E Line 4600 S Michigan St US 31 Lot 16 Callanders Pro Sec 25-37-2e South Bend, IN 46614 023-1035-1768 Irr Tr Beg 174.91E & 673.04 S of Inter US 31. 122 E Callander St & E & W C/L Sec 25-37-2e South Bend, IN 46614 023-1035-1769 Irr Tr 118.25 E Side US 31 Beg 673.04 S of 4600 S Michigan St Ireland C/L Lot 19 Callanders Pro Sec 25-37-2e South Bend, 1N 46614 all of which are owned by T. Arthur Stump and which are shown visually on the attached map. The circumstances of the vacation are to enable the property to be used,in a retail store development. Fran J. Agosti o, E Attorney for etit' ner 120 W. LaSalle Avenue, Suite 704 P.O. Box 1635 South Bend, IN 46634 - 574-288-3750 574-245-5972 (FAX) Frank_Agostino@msn.com ~- iL-~Y Date ~u~ ~ 3 2aos ,i~ii~i t'_~ORaE Page 1 of 1 Map Output ArcIlVIS Viewer Ma i i .. ... p3:•~.~ ® E~,itiast~ist/~rtorai?d {~t~t Sl. J~sat::r~hcaar~~::~t~d ;.it~35 I I I i L~~en~ ! ~~ ~t;SM{4''1€75 D EF~yartk~vl~ ~'a:>:t.~;1x~s s~..~~~;,~w:~ t~v,~nsfi~s E"~~~a:t~Ga.lttty £ovatda~ f 3~;1t,~ay .A2cial r''3totogrd~hy~20:1~ Mack and 4:;ti':a Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not ible without the written ertnission of the Michiana Area Council of Governments. http://www.maco~~is.com/arcims/ims?ServiceName=IvIACOGOverviewMap&ClientVersi... 8/12/2008 .~ i 1 I S { ~ g 5 23-1030-1602 23-10 160] r 123- c S I 23-1036-1729.01 23-1936-nee 23-tl 033+1869 9 23x1036=7715 23103847762 0 ~_ o p 2J-+10 1761 O 2}-10JS~1760 50.0' -1 0 11 231:035+1766 0 23i1D38-+1767 p D z3a1o33.176e 23~1D3s+na9 o o 2a~1o3a=mD z]-1o36-n71 0 LEGAL DESCRIPTION A parcel of land located in the North half of the Southwest Quarter of Section 25, Township 37 North, Range 2 Bast, Portage Township, City of South Bend, St. Joseph County, IN and being the right of way of Callander Street from St Joseph Street.to US 31 South (Michigan Street) for a distance of 680 feet, more or less, and a width of 50 feet. Dedication of Callander Street was recorded in the Office of the St Joseph County Recorder on November 25, 1959 in Boolc 596, Page 23 tlu-u 26. 23-1038-1730 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULE1'ARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR ~O~ O~ ~UBLI~ ~ORI~ September 22, 2008 Mr. Frank Agostino 120 West LaSalle Avenue, Suite 704 Post Office Box 1635 South Bend, Indiana 46634 RE: Street V acation - Callandar Street (Preliminary Review) Dear Mr. Agostino: PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 Upon review by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Depal-tnlent, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: - Area Plan stated that the vacation would not hinder the growth or ordel-ly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public ~vay difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Board is submitting a favorable recommendation for this vacation subject to replatting the lots so there are no land-locked lots and with the understanding that there will be no access to U.S. 31 because of anon-access easement bordering U.S. 3I. Once these concerns are addressed, you will need to obtain a radius map showing properties within 150' of the proposed vacation from the Division of Engineering to take to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map and with any questions regarding this vacation. Sincerely, ~~ ` 1 i ! ,~ L nda M. Martin, Clerk `` c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GILOT, P.E. CARL P. LITTREI.L, P.E. DONALD E. INKS PRESIDEtvTT MEMBER MEMBER ~~~ ~~ ~ ~~ ~-~ e c~ ~ r~ ST ~ ~ ~ ~-~-n1~,.. S . ~ ~oSTt ~JO ~s~ ~ ~.o Cc9 L-f$ 5~d-~ rI~ ~a~. ~ MICKELSON3 IRELAND RD Is~c7 ise.za MINOR SUB. ^.. ZIMMER-STEELE MINOR SUB. °c" i- iszs PAUL E DILLON MINOR SUB. 2- Isz: 23-1 30 Q ~~. ~~oo1D /~ ~ssae ~1~a~. ~.~~~ ~~ U~G~r~ ~~~~~ ~ y ~~~..~ ~1,~~~~ ~ ~~t~~ ~v ~P~ 5~ a ~~? ~~ t .~~~s ~ u 5~ ~ ~~.7 35 J~ 2~ e ~„ /iu. z ~ a ,0 27 P } n~.65 ~ n 28 a r /4s.a /9 F ~a.~ /8 F- /4a.4c ~~ r /aa.~8 ~~~~ 8-25A ~~ ~ 150.38 i 9° I ~ I o ~ Via'`- i p~,11 I A 11~f^ ~'' r L $8.c s 1 OQ ~ \ n 0 `' ° / ~.N~ ~I ~~ ~i N 3 I d o ~ ~ ti ~I o~ ~ ~~ J0 i ~ ~~ 5 I \ ' ~ ~ ~ ~~ 172 B /.377 w a _ j ~ IN N v a °' ~3G~Q ~ N m I o~ , ~~ ~q~ \\ 4 i 23-1035 - '~ ~__-- 55~~~ ~~282 i4 _ 2 10351aa.IO~ 4 _ IGOI 24afG ~ , a. ~ I~ §50 _ aso - 1 J -23 fi03bGO2, y.>,~ f,` o /759 ~--i ~i i I., P I 1 ~I o`~yI /7G3 IQ ~ - n ~ w sea l(003 3 ~ ~ I fo ---------+ p 76 ~ I al ~ ?I I n I ~ i ~ 4~-~- ~ ~ ®~ i l35 p I G .. 0 1 > F ,43.75 ~a ~ e e -/G08 ~ k" /49.47 7 I X30 ` 2 p9 /93.3 ~ b 4 3 ~, ~ /43 J r _ sr. ~ ~ -(' /42. B n t ,.~ 'V /4'1.65 ,~,~ i 5 ,~ ~ w /42.3 / p //O - ~' ~ ' - /P~_~ _ f6 79.79 !/9.38 I i Y IM Y -i ml /7G7 ~ /766 t. 1769 ml /768 ~~ ~ ~ \I I - 1 6a 174.91 __.L_T-_ 51G -__L_---:--- /770 °i ~f8 ----y ~~~ 23 -1035 Pf r77r '~~ Pf.15.9I7 ~~ /~'1'~ta~v~I~ {3~aed ~of. Public ~~larks P ~I ZQ S _~.( ~~~ 88.E I 8e.6 ` -- I 1 I I I ~ ° i Io- I ~ I~: \ I I I I I I 1 I I 1 i t --_--_.. 3~np ^ 23- P~. /77l P{, 15.917 ~~~~5 ~~~-~-~ 8/20/2008 10:15 FAX Au~.1K. 'IUUU 1:4bPM ~e~+ ®~a ©~ ~RD Pu6 WGRKS d SAFETY ~~T~~-~~~(c~ McN~oRAP~~iu~ ~j001!001 tJo, X270 F, f/2 Tfa: c~r1 Littrell, Engin®crlnq D®partrn®nt ,lohn 13yami, Ar®~ Plen Ggmmission (ibyorniti~ca.st-ioce~h,,~,.u~ or 288-813 fex) J®tf Gibney, Community ~ Eaonomic Development Chris Dress®I, Community & Econ®mlo Development ®ob Mathia, Community & Economic Dev®lopment F®derlca Rodriqu~, Fire D®pertment Andre Prlc®, So11d W®at® Stephen Go®n, Police Department Cheryl Careen®, City Attorney's Office Jim i~ottin, NIPSGO (irbettin nisaur or 284-2220 fax) F©e IP1fv-tna~ora~l Purpoa~ ga~ty PRD~; Linda M, Martin, CI®rkc RE; Request for Recomm®ndetion - street Vacation ' L©catlan: C:aAandar Street: First t-West ~ r~~t~-puth o9lraland Road and East of U.S. 31 6outh (Pr~ll~lnargr Roeri®~rj ®ATE: Auquet 1r~, 200 DUE; /iA ®~ E~I11~AIt. 1 Y. 6~~~8~47~1 / Im~n>~n~sauthb~nd RETURN REG4MMENDATIQN PAQE ONLY, ATT,~CHMENTS NOT REQUIRED, C4MP~ENT$ ~ RI~CQ~IMEtdDATIQN~: .~ DATE; ~- ~ '~ Received Time Aug. 20. 10:24AM 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 August 20, 2008 The Board of Public Works 13`t' Floor, County-City Building South Bend, Indiana 46601 ~:i" _ At;i` ... .f.UU(J RE: Street Vacation ,~=~~i~.f ~ ;jF EfvGINEE~~i~IC Callandar Street, From East of U.S. 31 South to St. Joseph Street otl the West, Right-of--Way Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the street be vacated subject to any required utility or access easements. Sincerely, ~~ ~ ~ C~ ~ ~ Christa Nayder Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Auk. Ie. 2008 1:42PN1 bRD PU6 N~ORKS & SAFETY LITER-OFFICE NiENlO12AN®!JM ~OAR® OF PU13L.IC WORDS No. ;270 P. 1/2 TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (jbYomi(a~co.st josegh.in.us or 235-9813 fax) Jeff Gibney, Community 8~ Economic Development Chris Dressel, Community & Economic Development ~.~` y ^5`, at~ii~,kCorxf"muritq:& E~anorYmi~ Dev~lopmeit :~. -Fetlenco Rad~iguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's O~ifice Jim Bettin, NIPSCO firbettin(a,nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ~,,~ RE: Request for Recommendation -Street Vacation Location: Callandar Street: First East-West Street South of Ireland Road and East of U.S. 31 South (Preliminary Review) DATE: August 18, 2008 PiUE: September 2.2008 FAX OR E-MAIL TO:, 235.9171 / (martin(r~southbendin.pov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. CQMMENTS ~ RECOMMENDATIONS: `~ r r.c ,c M m r ti .,.d .~h 4,. Y ~' 1~ ; S r- f~ ~ .c~. ~; ~a .~ iii ~ ~~ i ~~r a~-- u ~ .~ BY:~~^ /~1~~~~ DATE: ~!~ ~~0~ 9f~T~R-®FFIC~ ~E~®RA~~~l1~ ~~~R® ®F 6~U~LIG '®~fC~ TO; Carl Littrell, Engineering Department %John Byorni, Area Plan Commission (ibyorni a(~co.st-joseph.in.us or 235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development .Bob Mathia, Community & Economic Development ~~e'd"erico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a~nisource.com or 284-2220 fax) For Infiormational Purposes Only FROM: Linda M. Martin, Clerk J~:~L RE: Request for Recommendation -Street Vacation b®cation: Callandar Street: First East-West Street South of Ire{and Road and East of U.S. 31 South (Preliminary Reviev+e) ~~TE; August 18, 2008 ®~E; September 2, 2008 I°AX ®~ ~-f~l~l~. T®: 235-9171 / Imartin(cx~southbendin.c~od RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. BY: ,Cp~,~ DATE: ~ Z T~i~ CO~P~ENTS ~ RECOIIIIiIAENDATIOPlS: ABONMARCHE Confidence By Deslgn November 12, 2008 ~~~~ ~~~ City of South Bend Common Council 227 West Jefferson Boulevard, Suite 400 South South Bend, IN 46614 _ . ENGINEERS RE: ARCHITECTS PLANNERS SURVEYORS 750 Lincoln Way East South Bend, 1N 46601 T. 574-232-8700 F. 574-251-4440 www.abonmarche.com FORT WAYNE, IN BENTON HARBOR, MI MANISTEE, MI SOUTH HAVEN, MI Rights-of-Way Vacation Crescent Oaks, Section One Dear Honorable Members: ~-~g Please accept the attached petition and ordinance as our firm's written request, on behalf of our client, Tampico Development, L.L.C. to vacate the following described public rights-of-way: (1) All rights- of-way within the Crescent Oaks, Section One Subdivision as recorded under Instrument Number 0829850 in the Office of Recorder of St. Joseph County, Indiona, excluding the 40 foot wide half right-of-way of Ironwood Road. The rights-of-way to be vacated include Canal Street, Royal Street, St. Charles Avenue, and Basin Street. Please refer to the attached drawings for the areas to be vacated. The reason we are submitting this vacation request is to correct an error between the locations of the rights-of-way as shown on the recorded subdivision plat and the locations of the rights-of-way as constructed. The rights-of-way as constructed are located approximately 10 feet east and 4 feet north of the rights-of-way as recorded. The City Board of Public Works is expected to consider and approve both the vacation request at their November 24th meeting. If you have any questions or comments regarding this vacation request, please contact our office at 232-8700. We appreciate your time and consideration on this request. Sincerely, ABONMAP,CHE CONSULTANTS, L.L.C. ~~~ . 'Derek J. Spler, AICP Planner ~i!~~.~ t~ Ct~~4~c'~ Offi~~ NOV 1-x/2008 ,}gHN YBO~BE D, lN. CITY CLI:t+K, F:\Projects\M7-0784\Right-of-Way Vacation\Ci1y Counicl Vacation Request Cover Letter.doc ORDINANCE NO. _~;: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: _ ALL RIGHTS-OF-WAY WITHIN THE CRESCENT OAKS, SECTION ONE SUBDIVISION, EXCLUDING THE 40 FOOT WIDE I-tALF RIGHT-OF-WAY OF IRONWOOD ROAD STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: ALL RIGHTS-OF-WAY WITHIN THE CRESCENT OAKS, SECTION ONE SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0829850 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF IRONWOOD ROAD. MORE SPECIFICALLY BEING THE CANAL STREET, ROYAL STREET, ST. CHARLES AVENUE, AND BASIN STREET RIGHTS-OF-WAY Hereby determines that it is desirable to vacate said property. SECTION ll. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION 111. The following property maybe injuriously or beneficially affected by such vacating: LOTS 1 THROUGH 31 IN CRESCENT OAKS, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0829850 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA. SECTION IV. The purpose of the vacation of the real property is to correct an error between the location of the rights-of-way as shown on the recorded subdivision plat and the actual location of the rights-of-way as constructed. SECTION V. This ordinance shall be in full .force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Coune~il Attest: City Clerk Fr~JA 7 3y~~ ~ , 2~~'f ;: ' 9:~ Pss%-..n vs. ia:Si, r:~ mp 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 2 , at o'clock . m. day of Mayor, City of South Bend, Indiana '~ sf REAC~4N~ I ~-2~1-~4~ PU6LtC HEAAIhG SLt 1}iee.~~'&9tt5 w~fi' ~~ ~~~'' ~il~d i~ ~i~r~°~ ~~~c~~ NOV 1 9 2005 aol~rl voaG,~~ CITY CL~~n+ ~C• E WFf17,11~1. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY ~STREETSIALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BE[dD, INDIANA DATE: 11/12/08 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: _ A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: ALL RIGHTS-OF-WAY WITHIN THE CRESCENT OAKS SECTION ONE SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0829850 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY INDIANA EXC ALDLY BEING THEOOCANAIDL STREET I ROYAL STREEOT IRONWOOD ROAD. MORE SPECIFIC ST. CHARLES AVENUE AND BASIN STREET RIGHTS-OF-WAY. ADDRESS LOT # NAME (signed 8~ printed) 1 THROUGH 26 TAMPICO DEVELOPMENTS, L.L.C. 828 EAST JEFFERSON BOULEVARD BRIAN MILLER VICE PRESIDENT SOUTH BEND. IN 46617 SIGNATURE RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 CONTACT PERSON (S) NAME: DEREK J. SPIER, AICP ADDRESS: 750 LINCOLN WAY EAST SOUTH BEND. IN 46601 PHONE: 574-232-8700 NOV 1 2 2Q03 1G~iN Vt}uHtlc CITY CLERK, 5Q. g~,ND, tt1. I - 1, I i Y OR PRE`AOU'`7'Y '~ - I ....~Z.e :... '., . fl-''3 (vO TO GUP.0.FN1L IJGSA WORALPK .' ---------~ KPLYAWO 31 5. ..: ~ "--------- J~.IGSOrJ poF4T) 60284 U.6. IN 46614 `L(p-I035- ='I ' SOU1N BEN 8634026 °o I ~ / INS'IR. / -ds~q•~~ °il ~.Q-~OfJ 1 Ir-'I1~,5 1~CP 'I 31 ml el of -~-~-~-~-N~'49 E 870.0 (R) ~ ~ ~ // N69'S3'49'E 693.04' --- ~®----- - ~~ ~~s, 12671• 60.00' 60.00' 63.00' 63.00' 63.00' fi3.00' 63.00 )0' 89.33 W "` ®` N r N s r r m~ - ~.10rV ONp ~r7 ml ~ °''~•'• 4 A H 5 b~ 6 D r 7 o r e o 9 P r 10 P n 11 A N o e -' TA.7 5T/L. ~ 0$ Z~ S SO gym. b 3 ~ ~• y, i ~ ^ ~ - N8951'S8'E 100.00' ~)' ~ 53.0 6 00 63.00 fi3.0 .~ /~ / 0 /sY 43z_ / .rr~ •' r ~~ :r ~ ~{' 9.51' P/°O~E2i~r `S6• H• / , /~ / ~ 3 ~ ~, "ST_CHARLES AVENUE ~. - - 3 ~G5 ~" '~ - ;. ~ - ~689'61'S W, 410-54' _ '." ~~ oyU A)F~-S .~ 44.54 fi3.00 + _ _ _ 60.00 `~ _ _ OU - ~ ~l~l~ ISM 1 / s ~ _ _ S I 98951'S8'W '~k/• / NSB951'BB'W 109.28' w Fil~c3 [11 Clerk's Off(ce • 121.60 f~. ,. ''~~ ~ N 3 i.~ N o o ~ ~ 6., e o o .. 1 1 ..R I 12 Pr 13 14 pN 15 oN 16 pN 17 oN 78 0 NQY ~ 2 ?Q~~ i ~ . i` ~! ~ ry, ~n •,ml , ~ a r 64.42 / ~ TJ / m 3 N 94.33 63.00r 60.00 63.00' 60.00 6300' 60.00 JOHN YOORDE ,. ~,l jl,/\ / J ~ _ _ _ 589'51'58 W CffY CLERK, 50. EEND, IN. 1.22'4 r rc / nl 3 T ml ~' 4 N N 3. ZCO- 103 •./ .{ , Y, ,%R A ml 19 ~~ 0 0 o 20 ~~ 21 pm ~ oN ~ A n 24 P~ ~ 1 +~ '~ 2 _ - -' N8951'S8'E 110.67 z 1 - ~QC7( \~ _-9.12 :..~' ~g - - - 63.00 ~ '~.1~ - • -'~'p 58951'SB'W 416.05' 11.07 ~ "~~ / . ' ~ ~ ~ ~ _ ~] A 1 U'I•EO /~(Lf~ ~ b ~ ~ ~ ~ L i al \ ~ _4~ fi3.0~ fi~70_ _6 ~0 ~.' 6500 .QO r ~ ~.~ 1~ ~I~R-T `~I 58951'58"W 100.00' N nl o n ~ ~ •`3" 5 ~ ol0 26 P ~ 27 P ~ 2B ° 29 ~ 30 P °n 31 e I ® ziM =` Pn ~~ ~ _ _ m I - - - - - - - - o ~ ---------- --~--dt----I ------~----- ~ . 00• - - - 268.92' fi3.D0' 63.00' fi3.00' 65.00' 65.00' 65.00' 98~51'S ~W 69297 y~ I I I I ~ ~.._®- -~ .. I I i ~~~ 05go.5z i-OS90•s3i-o5ao.54i-os9o.ss , i I I to I I I I s I I -0590.1-7 I ~ y I ~ I I I e I I ~ ~\ I ~ I s j e I ] I I 40.7 2 I i I ,1 ,, (( I I I ~- X035 ~ ``~~\ 4'-1035 I STONEMEDGE NST~~~•9~62~ 3 P i I I ,-L- I `~ i --- 1 I `~ ` I I f stoN sio 1ms1aN, secnoN z I ~ -1-------J-------J--------------- I ~,EOGE fiA I I tlROMLEY LHA~ (30' R/Yn I 1, I ~ / \` - -- 923fi'~`4 I I ------ -- --T---~ / INSTR. ~ ~ LL \ -T--------1 T------- I I ~ / I ~ I __-__ _ \ ~~ I I I I I \ i`~ I I I I 1 //, 1 I 1 ~ i ~ I ~ / NICHOLAS J. BRADY REV. TRUST RANDALL R & NANCY L. FISH WORALAK KALYAWONGSA 17833 BROMLEY CHASE 17851 BROMLEY CHASE 60284 U.S. 31 SOUTH. SOUTH BEND, IN 46614 ~ SOUTH SEND, IN 46614 SOUTH BEND, IN 46614 ~ 26-1035-0589.01 14-1035-0590.55 14-1035-0590.54 JOHN C. & NANCY J. KINNER 17891 BROMLEY CHASE SOUTH BEND; IN 46614 14-1035-0590.52 NATIONAL ORGAI~TIZATION OF THE KURT L. & MARY B. WARNER NEW APOSTOLIC CHURCH 17871 BROMLEY CHASE 3753 NORTH TROY STREET SOUTH BEND, IN 46614 . CHICAGO, IL 60618 14-1035-0590.53 26-1035-0590.17 WSBT INC. TAMPICO DEVELOPMENTS, L.L.C. 300 WEST JEFFERSON BOULEVARD 828 EAST JEFFERSON BOULEVARD F:~Projects~tvl7-0784~Right-of--Way Vacation\TaxKey SOUTH BEND, IN 46619 Listdoc SOUTH BEND, IN 46601 23-1034-1726 26-1035-0589.02(PT.) ` i 2068 ~ k~G1 1 ~~~~ d4r~= Yt~OFiC~ f4~. C,oUNTY-GYTY BUILDING 227 W. JEFFERSON BLVD. SourH BEND, INDIANA 46601-1830 PHONE 5741235-9216 Fax 574/235-9928 _ TDD 574/ 235-5567 . __ : -~~, CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE BANELLO CONTROLLER 1'~1~\ ~~~~ ~~~~~ November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4`I' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Appropriating Additional Funs for Certain Departmental and City Services Operations in 2008 Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance appropriating additional monies for departmental and City services operations for the following funds: Solid Waste Fund Water Works Fund Releaf Fund Hall of Fame Depreciation Sewage Works Operations Fund #610 $320,000 Fund #620 $500,000 Fund #655 $50,000 Fund #677 $150,000 Fund #641 $800,000 The amounts are estimated higher than anticipated and a substitute attachment will be provided to ensure that the Council will only be passing an appropriation for actual dollars needed. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting. and at its regular meeting. Thank you for your consideration. ~i+~d E~ ~t~rt~'~ ®i~c~ NOU 1 9 2008 Jf?NPR vG~R~~ rev C! ERA. S'~. ~yP~6D, If~.l Sincerely, . m . C a:-r~.~ ~i-~neuo 1~-- M. Catherine Fanello Controller JANICEL, L ~ JOHN MURPHY ROBERTALLEN DIRECTOR ASSISTANT' CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $320,000 FROM SOLID WASTE FUND (#610); $500,000 FROM WATER WORKS FUND (#620),. $50,000 FROM RELEAF FUND (#655), $150,000 FROM HALL OF FAME DEPRECIATION FUND (#67'x, AND $800,000 FROM SEWAGE WORKS OPERATIONS FUND (#641) STATEMENT OF~PURPOSE AND INTENT The Common Council passed the City's 2008 Budget in 2007 (Ordinance #9787-07) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City 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 2008 and set apart within the following designated funds for operational expenses as follows: Fund Amount Solid Waste (#610) $320,000 Water Works (#620) $500,000 Releaf (#655) $50,000 Hall of Fame Depreciation (#677) $150,000 Sewage Works Operations (#641) $800,000 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Council acE~~a~ ~n i~ ~~ ~~~~t .,. Attest: City Clerk Present by me to the Mayor of the City of South Bend, Indiana on the 2 , at o'clock .m. day of Deputy City Clerk Approved and signed by me on the day of o'clock .m. Mayor, City of South Bend, Indiana ,,. ~t-~~ 3 rcl REAi~fi`,G r~;0i AP?s<OVE~i REFERRCD PA55ED 2 at ~1~~~ ~!~ ~~~i~'~a ~~~g~~ Nov ~ 9 Zoos ,{c~.i'rI V0~ Fs ~D, f~1. CIl'~i CL~t~~, Account Number Account Name Explanation Appopriation to Expenditure Account SOLID WASTE appropriating increased revenue to be received from increase in fees. Total Solid Waste Fund SOLID WASTE DEPRECIATION 611-0610-415.37-02 Capital Lease Payment Underbudgeted TOTAL SOLID WASTE . DEPRECIATION FUND $ 300,000 $ 300,000 $ 358 $ 358 WATER WORKS GENERAL 620-0640-657.39-98 Clay Refund Refunded per lawsuit not origianlly $ 52,951 budgeted 620-0640-658.11-99 Other Fringe Benefits Teamster deferred compensation final $ 4,200 negotiation after budget passed b20-0640-b58.36-04 Computer Network Allocation Increase in charge to Water by city to $ 22,500 allocate costs better to other funds 620-0640-606.31-51 Contractual Service Cover excess Water Leak line repair costs. $ 280,000 620-0640-472.37-02 Capital Lease Payment Officer copier had to be replaced; purchased $ 2,600 through lease 620-06960-657.63-70 Clay Bad Debt Expense Not originally budgeted $ 5,250 620-0640-606.36-50 Stop Box Repairs Increase in water leak activity. $ 34,000 620-0640-658.50-02 Adminstrative Fee To cover reimbursement to Wastewater for $ 27,931 Public Works Director salary Total Water Works General Fund $ 429,432 RELEAF Account Number Account Name 50,000 655-0609-435.36-03 Automotive Equipment Repair Additional repairs to leaf vac equipment- $ e ui ment aging. Total Releaf Fund $ 50,000 HALL OF FAME DEPRECIATION 677-0414-645.36-O1 Repairs/Maintenance Emergency Elevator Repair-item bid and $ ~ spy oe~ awarded by Boazd of Public Works _ Total Hall of Fame De reciation Fund $ 1 ~°` `'"='~ Explanation Appopriation to Expenditure Account WASTEWATER 500,000 641-0630-793.63-35 Contractual Services-Other Digester cleaning that needs to start early $ 2009. $ 3,000 641-0650-851.74-01 Bad Debt Ex ense-Cla Underbud eted $ 503,000 Total Wastewater SEWER 641-0621-792.22-02 Diesel Fuel Higher than anticipated costs 80,000 641-0621-792.36-03 Automotive Equipment Repair Repair costs higher than expected. 10,000 Lateral sewer re airs for city's sewer $ 75,000 641-0621-792.63-35 Utility Expense p insurance rogram hi her than antici ated. Total Sewer $ 165,000 Total Sewa a Works Fund $ 668,000 ~' ~Slra-rte ~,I (~~il ~ ~ ~?s~3 dCliid trtiftRi?~ CITY CLE€~K, S0. li`WF1D, tld. COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SoUTxBEND,~INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-9216 FAx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Appropriating Additional Funs for Certain Departmental and City Services Operations in 2008 Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance appropriating additional monies for departmental and City services operations for the following funds: General Fund COIT Fund #101 $500,000 Fund #404 $100,000 The amounts are estimated higher than anticipated and a substitute attachment will be provided to ensure that the Council will only be passing an appropriation for actual dollars needed. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. ~~.}~ t.~9a~ t t~5o •iyA4aL fL.~ ~~ Si l~tie :: iJ i~ ~ __.~-.---._.__..-- ~~V 1 9 ~Gv3 ,ICEiPt V~J~PdE C;C~!' C4-E^tK~~ ;{`fit t.,.~,~a'~ JANICE L. HALL DIRECTOR HUMAN RESOURCES Si erel , /~ . Catherine Fanello Controller jollrr MURPHY ASSISTANT CONTROLLER ROBERT ALLEN DIRECTOR INFORMATION TECHNOLOGY ~~~~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $500,000 FROM GENERAL FUND (#101) AND $100,000 FROM COIT FUND (#404) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2008 Budget in 2007 (Ordinance #9787-07) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City 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 2008 and set apart within the following designated funds for operational expenses as follows: Fund Amount General (#101) $500,000 COIT (404) $100,000 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council ~~ F~ ~ . ~ ~~~ r"' ~ ? ~ ;~~'z~ . Lr~4/yhy-~ yy. _1 avv.j, ,~!! cL`` '.fr .._ ~{{.~~MVJ '.~~ Attest: ' " City Clerk Present by me to the Mayor of the City of South Bend, Indiana on the 2 , at o'clock .m. day of Deputy City Clerk Approved and signed by me on the day of o'clock .m. 2 at Mayor, City of South Bend, Indiana t st READING ~' ('~Z~-~~ PUBLIC I"IEARING 3 rd READING PaOT ~,PPROVED RErEr''.RED nncccn ~il~e~ ire ~E~E`~:'~ ~it'E~~' J ~J'v ' JOI°II~ VoCflDc CITY CLEt,Ii, SC. PERD, i[!. Account Number Account Name Explanation Appopriation to Expenditure Account MAYOR 101-0101-413.33-01 Promotional Appropriate dollars donated by businesses $ 39,750 for cost of IACT annual convention hosted in South Bend. This reimburses the Mayor's account for bills paid in advance of receiving the donations. $ 39,750 STREET 101-0607-431.50-06 Fuel Higher prices this year not anticipated at $ 70,000 1/1/08 for Street Vehicles/Equipment 101-0607-431.50-07 Auto Parts Higher repair costs than anticipated for $ 150,000 Street Department Vehicles/Equipment 101-0607-431.36.03 Automotive Repair Central Services allocation & repair for $ 91,000 Traffic & Lighting Vehicles 101-0607-431.22-01 Gasoline Higher prices this year not anticipated at $ 9,000 1/1/08 for Traffic & Lighting Vehicles/Equipment $ 320,000 PARHING GARAGE 101-0460-645.42-02 Main Street Garage Painting; money appropriated originally in $ 55,000 2007 but not carried over into 2008 on a purchase order. This action reappropriates for work completed. 101-0462-645.42.02 Leighton,Garage Additional carbon dioxide testing needed at $ 3,000 garage; safety issue. Total General Fund $ 417,750 File ~~~ ~~~P~S'~ Q~`~EC>r ^dOV 1 ~ 9 2~Oa ~cn~l~~c~Q~ GlTY Cl.lertl~, 40.6E1dD, lli. COUNTY-CIT'Y BUII.DING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CTrY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-9216 Fax 574/235-9928 TDD 574/235-5567 DEPARTMENT OF ADMINISTRATION AND TINANCE M. CATHERINE FANELLO CONTROLLER November 19, 2008 I~j". l\ i~a- l1-a~ Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Appropriating Monies for the Purpose of Defraying the Expenses of the Century Center Enterprise Fund of the City Of South Bend, Indiana for the Fiscal Year Beginning January 1, 2009 And Ending December 31, 2009 Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance appropriating monies to defray the expenses of the Century Center Enterprise Fund for the City of South Bend, Indiana for fiscal year 2009. As you may recall, this fund was not included in the budget ordinance passed on November 10, 2008. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. s...~:r; ~.,~ vAS#~~{1. Mi VV NQV 1 9 ;~:~;;:~ Jc~~~~a v~r,F~F Sincerely, Catherine Fanell Controller JANICE L. HALL JOHN MLrRrxY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR ~ HUMAN RESOURCES INFORMATIONTECIiT70LOG~ 'N ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CENTURY CENTER ENTERPRISE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENENT By adopting Ordinance No. 9875-08 on November 10, 2008, the South Bend Common Council appropriated monies for various City enterprise funds except for that of the Century Center. It is necessary to pass this Ordinance to defray the expenses of the Century Center Enterprise Fund for the City of South Bend, Indiana for 2009. NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. For the expenses of the Century Center Enterprise Fund of the City of South Bend, Indiana, for the fiscal year ending December 31, 2009, those sums of monies as set forth in the attached budget which is incorporated herein and made a part hereof, are appropriated and ordered set apart within the Century Center Fund and for the purposes specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2009, the above appropriations are made. within the Century Center Fund of the City of South Bend. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council '~ Attest: ~t ,yy ~~y'ijti~ o~ uEiv 6.`,s3 ~~' ~t~ ~'~ G,s?~c~~,pys,"' "~ d F'. City Clerk ~Otsll it aC~(~'I 0~1 ~~ IaSll~, Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock .m. Deputy City Clerk Approved and signed by me on the day of o'clock .m. 2 , at Mayor, City of South Bend, Indiana ~~_z~l--~B' 1st RE~'~DfNG P~JSL',C HEAFiNt3 rc~ READi~ !G ~rz p,PRROV~Ct '..:":ED ?9~S5E~J ~~lc~ i~ ~(c~~t'~ t~~fice NOV 1 9 200 aot,ra vcor~~ CITY CL~~!{, S;?. l3wi~0, !!~!. COUNTY-C.CIY BUII.DING 227 W. JEFFERSON BLVD. Sovrx BEND, INDIANA 46601-1830 PxoNE574/235-9216 FAx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR. DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER ~~~,~ ~~~ 18~~8' November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, for Budget Transfers for Various Departments within the City of South Bend, Indiana for the Year 2008 Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance transferring funds with within various funds within various City Departments for expenses in calendar year 2008. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. 'Thank you for your consideration. . Si cerely, ~Cathe ne Fanel o Controller ~~;~-~ '~~~~~ ~~~o~~ NOV 1 ~ ~u0~ ~p ,3t~i';~.11;?t~fs.G= i~E. 641 i ~1.6~i~L, ~iQ. QC.~`:1~}y JANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR ~ + ~r HUMAN RESOURCES INFORMA'T'ION TECHNOLOGY ~ `,' ,... ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2008 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets which necessitates the increase and reduction of appropriations within the various departments of the General Fund and other funds 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. All accounts as set forth in the detailed attachment hereto which is incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: 1 •~ t b: , f.: ~ E:s ~7'~': tai .=1 f+J ~{ ~. i ~ ' ~g J~ en • . COUC-CtI G~i~~ t~i~E U°~;~ E~W'.f~, City Clerk Present by me to the Mayor of the City of South Bend, Indiana on the 2 , at o'clock .m. day of Deputy City Clerk Approved and signed by me on the day of o'clock .m. 2 at Mayor, City of South Bend, Indiana 1 st P.EADING PJELIC F;EAP•.ING rd "FADING I~a~T APP?OVEfl f?.F~ FI'.RED PASSES? ~l~~C~ ~l`F ~;i~f:°~'c ~~~~~~ nov ~ g Zco~~ ,{OHP! Vt~Oit~~ CITY CLFP+K, S0.6ci~4, IN. Account Number MAYOR 101-0101-413.11-08 101-0101-413.22-01 101-0101-413.33-O1 Division CODE ENFORCEMENT/ANIMAL CONTROL 101-1201-415.21-03 101-1201-415.21-04 101-1201-415.23-20 101-1201-415.23-99 101-1201-415.11-08 101-1201-415.10-01 101-1201-415.21-04 101-1201-415.22-24 101-1201-415.36-03 Code Code Code Code Code Code Code Code Code 101-1201-415.32-04 Code 101-1201-415.33-02 101-1207-415.10-01 101-1207-415.11-08 101-1207-415.39-70 101-1207-415.22-20 101-1207-415.21-03 101-1207-415.21-02 101-1207-415.22-01 101-1207-415.35-01 101-1207-415.35-02 101-1207-415.36-03 Code Animal Control Animal Control Animal Control Animal Control Animal Control Animal Control Animal Control Animal Control Animal Control Animal Control Animal Control Animal Control Animal Control Animal Control Account Name Health Insurance Fuel Promotional Office Supplies Other Office Small Tools Other Supplies Health Insurance Salaries Office Supplies Other Operating Supplies Vehicle Repair Telephone Legal Publication Salaries Health Insurance Education TnstitutionaUMedical Office Supplies Print Shop Gasoline Electric Natural Gas Vehicle Repair Explanation Unused Higher costs than anticipated Annual amount to Sports Commission; Usually is budgeted during capital but there was no real capital budget in 2008. This is the last year. Decrease Increase $ 10,250 $ 250 $ 10,000 $ 10,250 $ 10,250 0 Unused $ 15,00 Unused $ 1,500 Unused $ 2,500 Unused $ 1,500 Unused $ 7,500 Unused $ 14,000 Unused $ 8,500 Unused $ 7,000 Not originally budgeted high enough- $ 28,000 according to past history C st of new cell phones for $ 5,000 over co wireless code inspection-Not originally budgeted Price increase along with increased legal ads Unused $ Unused $ Unused $ Increase in number of diagnostic tests used Additional cleaning supplies were needed Higher than anticipated Higher than anticipated due to rise in costs $ 9,000 5,000 5,000 695 $ 5,000 $ 1,500 $ 2,000 $ 7,000 Cost increase Cost increase Higher than anticipated $ 2,500 $ 2,500 $ 5,000 ~! C.~ l N L11 FL i d ~~ ~ ~ ~~ ~ ~~ ~ .. _ ~ r~ e~ - ~ ~ -~ Y~ cy ~'r• Rl'.. Account Numbe-• 101-1207-415.50-OS POLICE 101-0801-421.11-08 101-0801-421.11-06 101-0801-421.22-01 101-0801-421.36-03 FIRE 101-0901-422.10-01 101-0901-422.22-01 101-0901-422.22-20 101-0901-422.22-22 101-0901-422.23-O1 101-0901-422.21-03 101-0901-422.32-02 101-0901-422.32-04 101-0901-422.36-03 ENGINEERING 101-0602-41.10-01 101-0602-431.11-08 101-0602-431-42.01 101-0602-431-42.01 PARK GENERAL FUND 201-1104-452.10-01 201-1104-452.11-08 201-1104-452.22-06 201-1104-452.35-02 201-1106-452.10-03 201-1106-452.35-02 PARK RECREATION FUND 203-1103-452.32-03 Division Account Name Animal Control Administrative Cost Police Health Insurance Police PERF Police Gasoline Police Automotive Equipment Explanation Original budget amount lower than needed Unused Unused Higher than anticipated Higher than anticipated Decrease Increase $ 695 $ 68,195 $ 68,195 $ 130,000 $ 80,000 $ 80,000 $ 130,000 $ 210,000 $ 210,000 Salaries Unfilled positions Fuel Higher than anticipated Medical/Safety supplies-Central Medical supplies higher Uian anticipated $ 188,500 $ 80,000 $ 2,000 GSA C:9 . a. Rr-~ •~- -_ a:? r.~ . C~ L~ ~ ~v «~ ~~ o.u I ~Gp ~M ~~ ~.b.. Stores Other Medical/Safety Supplies Ambulance supplies higher than $ 20,000 anticipated Building Materials Unexpected fire station repair parts $ 1,000 Central Stores-Office Supplies More office supplies needed $ 500 Postage Increase in postage costs $ 3,000 Telephone Unexpected maintenance needed $ 2,000 Automotive Equipment Apparatus/Vehicle maintenance repair $ 80,000 $ 188,500 $ 188,500 Engineering Salaries Unused dollars due to unfilled positions $ 27,300 Engineering Health Insurance Unused dollars due to unfilled positions $ 17,800 Engineering Land Repair on Riverside Trail I $ $ 14,800 300 30 Engineering Land Local Match for 1NDOT grant for , Riverside Trail Phase II $ 45,100 $ 45,100 Zoo Regular Unfilled positions $ $ 35,000 000 25 Zoo Health Insurance Unfilled positions , $ 000 20 Zoo Zoo Feed Increase in animal food costs $ , 000 15 Zoo Gas Natural gas higher than anticipated , Greenhouse Part-time Staff Personnel for Building Blocks program $ $ 15,000 000 10 Greenhouse Gas Natural gas higher than anticipated $ 60,000 $ , 60,000 Recreation Travel Unused $ 20,000 Account Number 203-1103-452.33-03 203-1103-452.22-23 Division Account Name Explanation Decrease Increase Recreation Promotional Unused $ 35,000 Recreation Supplies Increase in number of programs offered $ 55,000 $ 55 000 $ 55 000 COMMUNITY & ECONOMIC DEVELOPME NT FUND Transferred to 1001 division 212-1003-460.11-18 Flex Life Transferred to 1001 division 212-1003-460.11-09 Health Transferred to 1001 division 212-1003-460.11-08 PERF Transferred to 1001 division 212-1003-460.11-04 Regular Salaries Transferred to 1001 division 212-1003-460.10-O1 Flex Transferred from 1003 division 212-1001-460.11-18 Life Transferred from 1003 division 212-1001-460.11-09 Health Transferred from 1003 division 212-1001-460.11-08 PERF Transferred from 1003 division 212-1001-460.11-04 Regular Salaries Transferred from 1003 division 212-1001-460.10-O1 Office Equipment Replace copier that quit working 212-1003-460.43-03 Underground Pipe & Valve Capital Transfer to contractual line 212-1077-460-42.01 212-1077-460.39-80 Underground Pipe & Valve Relocation costs CENTRAL SERVICES 222-0605-419.10-01 222-0613-419.11-09 222-0613-419.11-08 EMERGENCY ME] 288-0902-422.37-02 288-0902-422.42-02 288-0902-422.43- 288-0902-422.43-09 Materials & Equipment Unused-unfilled positions Not enough budgeted Employee married 2nd accepted health insurance-not originally budgeted $ 500 $ 150 $ 500 $ 1,200 $ 40,100 $ 500 $ 150 $ 500 $ 1,200 $ 26,000 $ 14,100 $ 205,000 $ 205,000 $ 247,450 $ 247,450 $ 8,004 $ 4 $ 8,000 $ .8,004 $ 8,004 Unused For777 Pay for training facility consultants reeardine husiness nlan. fundine For a new boat, motor & trailer; rescue extrication struts on Engine 10 & 11; new rescue air bages on Rescue 1. $ 178,631 $ 9,381 $ 130,250 $ 39,000 $ 178,631 $ 178,631 Equipment Services Salaries Print Shop Life Insurance Print Shop Health Insurance JICAL SERVICES Capital Lease Payments Buildings Training Tower ECONOMC DEVELOPMENT INCOME TAX 408-1001-460.39-30 408-1106-452 Greenhouse Grants/ Building Blocks Program Program transferred to Parks Dept.; $ expenditures need to be re-classified from a grant program to an operating program . Supplies 85,000 $ 29,500 ~~ as `~ ~ S cam, rw ~-' w ~e e:, fk~ c cx cx- ~~ ,~ fJ7 r...7 (1i >~ env --- -~ r ~"n ci`~ -ry c.> c.a ~~ ~'~:~ 1F- Account Number 408-1106-452 408-1106-452 408-1106-452 Division Account Name Greenhouse Small Equipment Greenhouse Interfund transfer Greenhouse Capital Equipment WATER WORKS GENERAL FUND 620-0640-658.10-03 General SeasonallIntern 620-0640-657.31-39 Operating Collection Agency Fees 620-0640-606.36-03 Distribution Automotive Repair 620-0640-606.22-01 Distribution Fuel 620-0640-603.22-25 Water Treatment Chemicals 620-0640-657.63-70 Operating Bad Debt Expense 620-0640-658.11-O1 General FICA 620-0640-606.23-10 Distribution Repair Parts 620-0640-606.36-01 Distribution Building Repairs 620-0640-602.36-01 Source Building Repairs 620-0640-605.31-06 620-0640-657.31-35 620-0640-658.11-08 620-0640-658.31-O1 620-0640-658.31-06 Distribution Operating General Other Prof. Services Contractual Services Health Insurance Legal Other Prof. Services WASTEWATER 641-0630-493.65-06 641-0630-793.35-01 Chemicals Electric Explanation Decrease Increase $ 17,000 $ 35,500 $ 3,000 $ 85,000 $ 85,000 Unused High number of delinquent accounts Higher cost as equipment ages Increase in costs Unused Bad debts continue to increase Unused Additional parts needed Unused Building located at Fellows Bacon Booster Station is in need of repairs to cure a security concern. Unused To cover fees associated with accepting credit cards for payments Unused 2005 Rate Case/Work on opting out 2005 Rate Case/Work on opting out Unused Higher costs than anticipated $ 30,000 $ 15,000 $ 8,800 $ 6,200 $ 12,000 $ 12,000 $ 6,000 $ 6,000 $ 10,000 $ 10,000 $ 25,000 $ 25,000 $ 28,000 $ 12,000 $ 16,000 $ 111,000 $ 111,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 CENTURY CENTER $ 4,000 670-0406-645.23.20 Small Tools Unused Salt Unused $ 5,000 670-0406-645.23-40 $ 9,000 670-0406-645.39-89 Miscellaneous Charges & Services $ 9,000 $ 9,000 G9 .~.. :}- • ~.- c?o c; C~ cu •%: ` ew i ca rj "' Ott _ ~ _ yi =`1 ~ .~::. ~.. C Y ,.~ ea CAUNTY-G~T'Y BUII.DING 227 W. JEFFERSON BLVD. Sotrn-I BEND, INnurrn 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PxoNE574/235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FnNELLO CONTROLLER November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4`" Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending Chapter 4, Article 4, Section 4-51 And Section 4-6 Of the South Bend Municipal Code To Place Responsibility For Certain Tasks with the City Clerk for Licensees of Scrap Metal, Junk, Valuable Metal And Recycling Operations Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance transferring duties regarding certain tasks related to licensing of Scrap Metal, Junk, Valuable Metal and Recycling Operations to the City Clerk's office. , This transfer of duties is necessary for efficient City operations and due to the reduction in staff in the Department of Administration and Finance. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. F~~~~ !~ ~4~~~'~ ~fc~ nov i 9 2cas dQr~;•i YGu~D~ CITY CLk~~K; S0. %~ i•;D, 4F1. Sincerely, ~~~• M. Catherine Fanello Controller JANICE L. HALL Jolu~r MUxrxY - RosERTALLEN ~ I ~. DIRECTOR ASSISTANT CONTROLLER DIRECTOR V HUMAN RESOURCES INFORMATION TECHNOLOGY C~l ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, •INDIANA AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51 AND SECTION 4-6 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR LICENSEES OF SCRAP METAL, JUNK, VALUABLE METAL AND RECYCLING OPERATIONS STATEMENT OF PURPOSE AND INTENT Chapter 4, Article 4, Section 4-51 of the South Bend Municipal Code regulates the issuance of licenses to scrap metal dealers, junk dealers, valuable metal dealers and recycling operations. The current procedure requires the Department of Administration and Finance to perform various administrative tasks in the licensing process. To better serve the public, many of the administrative tasks involved in this license process can be performed by the City Clerk. This Ordinance transfers administrative oversight tasks of Chapter 4, Article 4, Section 4-51 from the Department of Administration and Finance to the Office of the City Clerk. 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 4-51(d)(1) shall be amended to read as follows: (d) Application; zoning restrictions. (1) An application for a license under this section shall be filed with then Y+ + f ^ `'"' n'r Office of the City Clerk and it shall be accompanied by a drawing or diagram showing the property lines of the proposed scrap or junkyard, or recycling operation. Filing of this Application with the Office of the City Clerk shall satisfy the requirements of Section 4-6 of this Chapter. Section II. Chapter 4, Article 4, Section 4-51(e) shall be amended to read as follows: (e) Approvals required. (1) Upon receipt of an application for the issuance of a license for the maintenance and operation of a scrap or junkyard, or recycling operation at a location not previously licensed, the n ,-- + f ^ a-r.n;~+r +' a ~~^^^^~ Office of the City Clerk shall upon receipt date-stamp the application and immediately submit the application to the Fire Prevention Bureau and the Department of Code Enforcement for their inspections; and also provide notice of the.filing of said application via email to the r~f€ise--e€-=El~c~- r'~ ~~ Department of Administration and Finance and the Common Council. The bureau and Department of Code Enforcement shall cause the premises where such proposed scrap or junkyard, or recycling operation is to be located to be visited and inspected for the purpose of determining whether such premises are fit and proper for the maintenance and operation of such a business. All inspections must be completed by the Code Enforcement and the Fire Department's Fire Prevention Bureau within ten (1.0) business days of the receipt of an application by the City. (2) The. application shall also be referred to the South Bend Police Department for review and recommendation. The Police Department shall conduct an investigation of each applicant and make a recommendation * '" nff'-° cf *''= ~~` ~~n'~ as to whether the application should+y be granted. In making its recommendation, the Police Department shall consider the criminal history of the applicant, if any, and the likelihood that granting the application will endanger the health, safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any, and the recommendation of the Police Department shall be attached to the application €er-tl}e and forwarded to the Office of the City E~ Clerk. '~-rZ~G~ce--ems ~''* ~ + ^lln.. ~~„i~ ~;aa_ *,,o ~~~aa~~--o~n heel-iEe-yep-a~r~* ,1 n c .,.;^„ ~- r r (3) The Office of the Cit Clerk shall forward to the Common Council President with a copy to the City Controller, the recommendation of the Police Department and all information provided with or in support of the application in determining whether the implication should be granted Upon receipt of the a lication and comments or recommendations of the South Bend Departments of Police Fire and Code Enforcement, the Common Council by resolution shall ,prove or disapprove such application at its next regular meeting. 'T''' >, ''' ` ^f n,ln,; ' ' "`'^" ""`' 11 11 1 r r,l' .,r: s ~ ~ r rr ~ ,1 f rl, .,r .,L -~,~ u ~ ro +~1'-c-~cvrrazro$-c6~ffEi1; f~l'E-~-a$p~'9~~H-at 1 *' ,;rl, tl,~ l1Ff' f r ('1 1 f •1, (-' (` '1 f !'~.,.,.,~;1 Ica r In the event that an applicant does not meet current Code requirements as evidenced in writing through the -City Administration's inspection process, the D "a - ' * *' a ~" Office of the City Clerk may i~srte recommend an interim license for such an applicant, with notice being given to the r'rr,^° "f +''° City-Elerl~ Controller and the Common Council. The Controller may issue the interim license upon the Clerk's recommendation. Interim licenses shall expire within sixty (60) days, unless the applicant can prove to the D,,p~e~ ^--z-~~i~t~o~~~~n~~ Office of the City Clerk that there are extenuating circumstances requiring an extension, which shall require notice to the City Clerk and Council of the date of expiration. Section III. Chapter 4, Article 4, Section 4-51(f)(1) shall be amended to read as follows: (f) License procedure; posting of license required. (1) iz ~-~ 4' nl, 11 1, 1, 't+ a +.. 4}~° (~'..m ++ c'i^~'~'*+-^_il_fcir . In determining whether to approve and adopt a resolution ted to issue a permit under this Section, the Common Council shall consider the effect or appropriateness of a scrap or junkyard upon the surrounding area, as well as any comments or recommendations provided by the Fire Prevention Bureau, the Department of Code Enforcement, or the Board of Public Works. No license application shall be approved without the written approval endorsed upon the application by the Fire Prevention Bureau and Department of Code Enforcement. Section IV. Chapter 4, Article 4, Section 4-51(n) shall be amended to read as follows: (n) Applications to be filed. All persons required to be licensed under this section must file an application or renewal application with the Office of the Cit Clerk. fie. Any specific requirements of the rules and regulations herein which cannot be met by the applicant due to unusual hardship, such as adverse weather conditions, may be granted a thirty-day grace period to complete such requirement(s), however such applicant shall be subject to complying with the interim licensing provisions during such period of time. Such additional time shall be upon proper resolution being petitioned for before the City Clerk's Office setting forth in detail the reasons needed for the additional time. The City Clerk's Office shall notify promptly the Department of Admiriistration and Finance r'~*•~ r?°:?:'~ nff_~. of any such resolution being filed along with a recommendation about ~rantin~ such interim license.. In no event shall more than two (2) sixty-day interim license extensions be granted by the lc-a City Controller to any applicant in one (1) licensing year. Section V. Chapter 4, Article 4, Section 4-6(a) shall be amended to read as follows: Sec. 4-6. General duties of licensees. Every licensee and applicant for a license shall: (a) File an application or renewal application with the Office of the City Controller ~r under Section 4-51 with the City Clerk, and secure the proper license prior to starting a business, or before January 31 of each year for renewal applications. Section VI: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~ ~ ~ Member of the Common Council G Attest: City Clerk ~!_ ..... _J ~. .. ... ... _.~e Present by me to-the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. Deputy City Clerk Approved and signed by me on the day of o'clock _.m. Mayor, City of South Bend, Indiana 1st FE~~D!NG ~'lJ~~~b .. ..: '..c^:~it'v~ ::aF ; ~PP~OVjsf~', .._;~~ PED PASS[D 2 at ~! 0'~ 1 9 ~00~ J~J~i~! VC~oR~r C! i`Y CLkr,K, ~~~?. Rc°°:h'll, tai. COUNTY-CITYBUII.DING 2.27 W. 3EFFE1tSON BLVD. SOUTH BEND, INDL4NA 46601-1830 CITY OF SOUTH BEND STEPHEN J. L-UECKE, MAYOR PHONE 5741235-9216 FAx 574/235-9928 TDD 574/235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER November 19, 2008 I~j~l\ t~~~ g~_a ~ Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Chapter 14, Article 9, Sections 14-56 And 14-57of the South Bend Municipal Code to Place Oversight Responsibility with the City Clerk For Temporary Residential One-Day Conditional Use Parking Permits Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance transferring duties regarding certain tasks related to residential one-day conditional use parking permits to the City Clerk's Office. This transfer of duties is necessary for efficient City operations and due to the reduction in staff in the Department of Administration and Finance. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. ~il~~ t~ ~i~~k'~ C~f~€~~ NOV 1 9 2oa JOi't~ YQO~^F Sinc rely, . Cathe ' e Fane o Controller JANICE L. HAIL JOHN MURPHY ROBERT ALIEN DIRECTOR ASSISTANT CONTROLLER... DIRECTOR HUMAN RESOURCES INFORM.STIONTECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH 'BEND, INDIANA, AMENDING CHAPTER 14, ARTICLE 9, SECTIONS 14-56~AND 14-570F THE SOUTH BEND MUI~TICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR TEMPORARY RESIDENTIAL ONE-DAY CONDITIONAL USE PARKING PERMITS. STATEMENT OF PURPOSE AND INTENT Chapter 14, Article 9, Section 14-56 of the ,South Bend Municipal Code governs the procedure for obtaining a temporary residential one day conditional use parking permit. This procedure requires the Office of the Licensing Auditor to perform many of the administrative tasks associated with this type permit. To achieve economy, it is appropriate to transfer most of these tasks to the Office of the City Clerk. NOW, THEREFORE, BE IT ORDAIlVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 14, Article 9, Section 14-56, of the South Bend Municipal Code shall be amended to read as follows: (a) Application and proof of residency: A person who desires to park or who desires to permit the parking of motor vehicle(s) on the non-public lawn area of a residentially zoned area must have a one-day conditional use lawn parking permit. Such person must complete an application, file it with the Office of the ~iag miter City Clerk, and pay anon-refundable application fee of five dollars ($5.00). Proof of residency for the subject property shall be required which lists the residential address for which the temporary residential special event one-day permit is requested. Acceptable documents include: (1) Indiana Driver's License; (2) Copy of a signed lease or real estate purchase agreement; (3) Current utility bill; or (4) Current bank statement Which show the street address for the property in question. A copy of such document tendered shall be attached to the registration form. (b) Non-refundable ,fee for parking less that ten (10) motor vehicles: If the applicant meets the requirements of this section for parking less than ten (10) motor vehicles, the Office of the T ' "••~~*^r City Clerk shall issue aone-day conditional use lawn parking permit to the applicant, upon the payment of a non- refundable fee of one dollar ($1.00) per parking space. All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the. ' City Clerk shall be deposited into the general fund. (c) (No Change) (d) (No Change) (e) Non-refundable fees for parking ten (10) or more motor vehicles: If the applicant meets the requirements of this section for parking ten (10) or more motor vehicles, the Office of the r ' b " a'*^•- Cit~Clerk shall issue aone-day conditional use lawn parking permit upon the payment by the applicant of a non- refundable fee of twenty-five dollars ($25.00). All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the T ' ^ "~''*°r City Clerk shall be deposited into the general fund. (f) Non-refundable fees for parking ten (10) or more motor vehicles for home football season: Conditional use lawn parking permits for an entire Notre Dame home football season may be issued by the Office of the ~~er~~==~Rditnr City Clerk to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of anon-refundable fee of twenty-five dollars ($25.00) times the number of remaining home football games. All fees collected by the Office of the T ' ~ b " ''''^_ City Clerk shall be deposited into the general fund. (g) (No change) (h) (No change) (i) (No change) (j) (No change) (k) (No change) (1) (No change) (m) (No change) (n) (No change) (o) (No change) (p) (No change) Section II Chapter 14, Article 9, Section 14-57, of the South Bend Municipal Code shall be amended to read as follows: (a) Notice of conditional use permit(s) issued for special event at a boarding house: The Office of the T ' ^ "`'gin=^=-~~ City Clerk shall electronically send, or distribute by other means of communication at the end of each business day, to: the South Bend Police Department's Uniform Division; the Department of Code Enforcement; ''~ nff:~_ .,f *'~- r'.*;' C~A~; and the neighborhood association located in the area, if any, a listing of all ''mss-of residential locations where ' ''^^ ~°°"°'' a conditional use lawn parking permit or a conditional use permit has been issued for a special event at a boarding house, and the date(s) for each. (b) Notice of conditional use lawn parking permit(s) issued: The Office of the E}eens-ir}~~=~~~ th~;1~~.enr "£ City Clerk shall electronically send, or distribute by other means of communication at the end of each business day, to: the South Bend Police Department's Uniform Division; the Department of Code Enforcement; *~' nff~ ^f 'r'9 ~'; and the neighborhood association located in the area, if any, a listing of all locations of residential locations where it has issued a conditional use lawn parking permit and the date(s) for each. Section III. ~ This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council C ~ .. `4 ~ (;;rtes:°:r:3 f<.+.*:Y`~">S Lai E+sc.1 ~.rv 'v+ Attest: City Clerk Present by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. Deputy City Clerk Approved and signed by me on the day of o'clock _.m. 2 at Mayor, City of South Bend, Indiana 1 st READEtJG ~ l~L~{`O FL-fiLIC HE~,P-.!1`4G 3 rd r',EP-DING :~~.o~r ~FF~ov~D "r.FEF~ED PASSED «d~ ~ ~ LU~B C!i'Y CLEf;K, wC ~El~4, Iid. 1400 COUNTY-CrrY Buu.DING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PNOIQE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE AIADEAN M. DERosE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY November 20, 2008 Mr. Timothy Rouse President, South Bend Common Council ~ ` l ~ ~ ~ ` ~ (---~~ 4~' Floor, County-City Building ` m-- South Bend, IN 46601 Re: An Ordinance to Establish a New Non-Reverting Loss Recovery Fund Dear Mr. Rouse: From time to time the City of South Bend has recovered monies on claims against third parties for losses arising from harm to City owned assets, including intangible assets. At this time, the City has no separate fund in which to place such loss recoveries. This Ordinance creates such a separate, non-reverting fund. Either a representative of the City Attorney's office or Controller Catherine Fanello will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting: Thank you for your consideration. Sincerely, __ K~ `~- ~ -~ Aladean M. DeRose Chief Assistant City Attorney AMD/cw ~il~~ l~+ ~t~l?k'~ ~~~€~v NOV 1 9 2008 JQHt'a t ~p R ~p;1i4. CITY C1.~RX, THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW NONREVERTING LOSS RECOVERY FUND STATEMENT OF PURPOSE AND INTENT The City of South Bend has from time to time recovered monies on claims against third parties for losses which may or may not be tied to harm or damage to a specific City owned asset, and which may include intangible elements such as lost opportunity, loss of public confidence, increased susceptibility of City owned properly to deterioration, all caused by third party conduct. The City presently has no repository for such third party loss recovery, and this ordinance creates such a fund. NOW, THEREFORE, BE IT ORDAI'nTED by the Common Council of the City of South Bend, Indiana: Section I. Chapter 2, Article 14 of the South Bend Municipal Code shall be and hereby is amended to add a new Section 2-170.12 which establishes a Loss Recovery Fund to read as follows: Section 2-170.12 Nonreverting Loss Recovery Fund. (a) The Loss Recovery Fund is established within the City of South Bend to receive compensatory or exemplary damage payments from third parties arising from loss or damage to City tangible or intangible properly. (b) The Controller shall use all monies deposited into this Fund for reasonable costs arising from the covered loss including repair or replacement of tangible property, administrative costs of obtaining the loss recovery, enhancement or improvement of City services related to the loss, or for any other reasonable purpose. (c) The Controller shall deposit monies qualifying for this Fund in the manner prescribed by Ind. Code 5-13-6-1 et seQ., as if they were public funds, and may invest those monies as provided by the Ind. Code § 5-13-9-1 et seq., with any interest deposited into this fund. (d) Appropriation of monies in this fund, shall require approval by the Common Council. (e) The Controller shall provide the Common Council annually with a list of all loss claims recovered by the City from third parties distributed to this fund, and the amount of each such loss recovery. ' (f) The monies deposited in this fund shall remain in the fund and shall not revert to the general fund. Section II: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of "he Common Council l 1~. J d 76i~ Attest: ~~t ~- , ,:-: ~ ~~ ~ , n ~~, ,. a ,• . E"[j .r~t.i~.f..~ Y.e 7~ .1'~Ee;.s Y,.+.',.a IY:~ L:Y Sld Council ucu~~ ~;~ f~i~ i~uar :~% City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. City Clerk Approved and signed by me on the day of ~ , 2 , at o'clock, .m. Mayor, City of South Bend, Indiana 1 sf P.E~D4{`vG ~' ~'~ L~-og PEJSLl~ HL~P.{P~G 3 rd RE~DE~dG ~Di ~G~P.OVED ,Q eri: ~i?.ED ~r~SSED ~~' ~'- 3 9 200 JG~~h! V4GfiDE Gf1`Y GCEY, 5Q. BGt~~J, tel. CAUNTY--CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9216 FAx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER November 19, 2008 ~7 Mr. Timothy Rouse V ~, t \ ~) ~ ` ~"~; b~ President, South Bend Common Council 4~ `~ I 4~' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Authorizing Temporary Loans to Pay Off Previously Issued Warrants and Authority ~ to Issue Temporary Tax Anticipation Time Warrants Dear Mr. Rouse: On June 9, 2008, due to property tax reassessment and anticipated delays in the timing of receipt of tax revenues by.the City of South Bend, the Common Council adopted Ordinance 9846-08 which authorized the Mayor and/or the Controller to make temporary loans to meet current operating expenses of various funds in the City in anticipation and not in excess of current taxes levied in the year 2007 and payable in year 2008. This Ordinance also authorized the issuance of temporary loan Tax Anticipation Time Warrants to evidence such loans and the sale of such warrants. It was hoped that by December 31, 2008 the City would have received property tax revenues. However it appears unlikely that the City will receive sufficient property tax revenues prior to December 30, 2008 to pay off the previously issued Tax Anticipation Time Warrants and to meet the current operating expenses of various funds of the City. This Ordinance addresses the above mentioned issues by authorizing the Mayor and/or Controller to make such temporary loans as may be necessary in order to pay off the outstanding Tax Anticipation Warrants authorized by Ordinance No. 9846-08 and to issue and sell new temporary loan Tax Anticipation Warrants to evidence the loans for payoff of prior Warrants and meet the current expenses for the Funds described in this Bill. These sums shall not exceed the taxes levied in the year 2007 and payable in 2008. The new Tax Warrants shall be subject to all terms and conditions set forth at Indiana Code § 36-4-6. Thank you for your consideration of this Bill which I will present to the Council at its Personnel and Finance Committee meeting and at its regular meeting. F ~e z3 ~ i°it.. . r"~'-~' I ,.~-r ~ ~OGB ..-._~ •~cere Cat Brine Fanello City Controller JAA`ICE L. HALL JOHN MURPHY ROBERT ALLEN yy''11 DIRECTOR ASSISTANT CONTROLLER DIRECTOR U~' HUMAN RESOURCES INFORIv4ATTONTECHNOLOGY~U- ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BE1oTD, INDIANA, AUTHORIZING THE MAYOR AND OR CONTROLLER OF THE CITY OF SOUTH BEND TO MAKE TEMPORARY LOAN5 TO PAY OFF PREVIOUSLY ISSUED WARRANTS AND MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY AND TO ISSUE TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND APPROPRIATING AND PLEDGING TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF THE WARRANTS INCLUDING THE INTEREST THEREON STATEMENT OF PURPOSE AND INTENT On June 9, 2008, due to property tax reassessment and the anticipated delays in the timing of receipt of tax revenues by the City of South Bend, Indiana (the "City") for the fiscal year ending December 31, 2008, the Common Council of the City (the "Common Council") in Ordinance No. 9846-08 authorized the Mayor and or the Controller to make temporary loans to meet certain current operating expenses of various funds of the City in anticipation of and not in excess of current taxes levied in the year 2007 and collectible in the year 2008. Ordinance Number 9846-08 further authorized the issuance of temporary loan Tax Anticipation Time Warrants to evidence such loans and the sale of such warrants. The City had expected that by December 31, 2008 it would have received property tax revenues; however, it is likely that the City will not receive sufficient property tax revenues prior to December 30 to (i) pay off the tax anticipation time warrants issued pursuant to Ordinance Number 9846-08 which tax warrants mature and are .payable in full and with interest on December 30, 2008, and (ii) meet current operating expenses of various funds of the City. This Ordinance authorizes the City's Mayor and/or Controller to make such temporary loans as may- be necessary in order to pay off the outstanding tax anticipation warrants authorized by Ordinance Number 9846-08 and to issue and sell new temporary .loan tax anticipation time _ warrants to evidence the loans for payoff of the prior warrants and meet the current expenses for the funds described herein, in a sum not to exceed taxes levied in the year 2007 and collectible in 2008. The clew tax warrants. shall be subject to the terms and conditions set forth at Indiana Code 36-4-6. BDDBOl 5475853v1 NOW, THEREFORE, BE IT ORDAIlVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. As declared in this Council's prior Ordinance 9846-08 an emergency exists for the borrowing of money and the City by its Mayor is hereby authorized to make temporary loans to (i) pay off and retire the previously issued temporary loan tax anticipation time warrants which were authorized by prior Ordinance 9846-08 and which tax anticipation warrants expire December 30, 2008, and (ii) meet current operating expenses of various funds of the City for which the City does not expect to receive a timely distribution of property tax revenues. The Mayor is further authorized to issue temporary loan tax anticipation time warrants to evidence the loans required to redeem and retire the temporary loan tax anticipation time warrants issued pursuant to Ordinance No. 9846-08 and meet the current expenses for the funds described in Section II herein. The issuance and sale of new temporary loan tax anticipation time warrants shall conform to the requirements of Indiana Code 36-4-6. Section II. All temporary loan tax anticipation time warrants issued pursuant to this Ordinance (the "Warrants") shall be dated as of the date of delivery. A separate Warrant or Warrants shall be issued with respect to each of the funds described below for each maturity date. The City is authorized to issue Warrants maturing and payable on March 1, 2009 in the principal amounts not to exceed the following: Principal Amount: $46,000,000 Maturing: March 1, 2009 Fund: General Not to Exceed: $46,000,000 Principal Amount: $6,700,000 Maturing: March 1, 2009 Fund: Parks and Recreation Not to Exceed: $6,7000,000 Principal Amount: $1,200,000 Maturing: March 1, 2009 Fund: Hall of Fame Not to Exceed: $1,200,000 Principal Amount: $1,350,000 Maturing: March 1, 2009 Funds: Police Pension Not to Exceed: $1,350,000 Principal Amount: $1,300,000 Maturing: March 1, 2009 Fund: Fire Pension Not to Exceed: $1,300,000 BDDBOl 5475853v1 - 2 - The Warrants authorized herein shall bear interest prior to maturity at a rate or rates per annum not to exceed a maximum of seven percent (7.0%). The exact rate or rates of interest are to be determined under the terms of a Warrant Purchase Agreement, as hereinafter defined. Warrants not timely paid will bear interest at a rate or rates after maturity as set forth in the Warrant Purchase Agreement.. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. It is understood that principal shall not be payable and interest shall not accrue on any Warrant or Warrants issued pursuant to this Ordinance until such principal amount has been advanced pursuant to requests made by the City to the Purchaser. In the event that the total principal amount of the Warrants is not advanced to the City, the principal amount of such Warrant shall be reduced to effect such reduction. The maximum principal amount of the Warrants as set forth herein shall be reduced as necessary to comply with the Internal Revenue Code of 1986, as amended (the "Code"). Section III. With respect to each Fund and each Warrant maturity date, the appropriate officers of the City are authorized to deliver a principal amount of Warrants up to or less than the maximum amount established for any such Fund or maturity date in Section II hereof in order to comply with all applicable laws. The Warrants shall be subject to redemption as provided in an Issuer's Certificate to be executed by the Mayor of the City (the "Mayor") and the City Controller. All Warrants will be delivered at the time of payment with respect to any Fund or otherwise as appropriate and in accordance with the terms of the new Warrant Purchase Agreement. Section IV. The principal of and interest on the Warrants, together with all necessary costs incurred in connection with the issuance and sale of the Warrants, shall be payable from tax revenues to be received in the respective Fund upon which such Warrant is issued. There is hereby appropriated and pledged to the payment of all Warrants issued with respect to each Fund, including interest and all necessary costs incurred in connection with the issuance and sale of the Warrants, a sufficient amount of the tax revenues, levied in 2007, and actually received in or for the year 2008, for such Fund and in anticipation of which the Warrants have been issued, for the punctual payment of the principal of and interest on the Warrants evidencing such temporary loans, together with such issuance costs, if any. Section V. The City Controller, on behalf of the City, is authorized to sell the Warrants via negotiated sale at a price not less than the par value thereof to a purchaser or purchasers (the "Purchaser") in the denomination of One Hundred Thousand Dollars ($100,000), and any; integral multiple of One Dollar ($1.00) in excess of One Hundred Thousand dollars ($100,000) of single maturities. The Warrants shall be sold to the Purchaser pursuant to the purchase agreement (the "Warrant Purchase Agreement") between the City and the Purchaser, hereby authorized to be entered into and executed by the City Controller, on behalf of the City, subsequent to the date of the adoption of this Ordinance in accordance with the terms and conditions of this Ordinance, and with .such Warrant Purchase Agreement to set forth the definitive terms and conditions of such sale, including BDDBOI 5475853v1 - 3 - the interest rate or rates on the Warrants, which shall not exceed the maximum authorized rate of interest for the Warrants issued pursuant to this Ordinance. The Warrants sold to the Purchaser shall be accompanied by all documentation required pursuant to the provisions of Indiana law and the Warrant Purchase Agreement, including without limitation an approving opinion of nationally recognized bond counsel, certification and guarantee of signatures, and certification as to no litigation pending, as of the date of delivery of the Warrants to the purchaser, challenging the validity or issuance of the Warrants. ,The entry by the City into the Warrant Purchase Agreement and the execution of the Warrant Purchase Agreement on behalf of the City by the City Controller, in accordance with the Ordinance, are hereby authorized, approved and ratified. Section VI. The Warrants issued hereunder with respect to the Funds shall be executed in the name of the City by the manual or facsimile signature of the Mayor of the City, countersigned by the manual or facsimile signature of the City Controller, and the corporate seal of the City affixed thereto, and attested by the manual or facsimile signature of the Clerk of the City (the "Clerk"), provided, however, that at least one such signature on the Warrants shall be manual. All Warrants shall be payable in lawful money of the United States of America at the office of the City Controller as Paying Agent. Section VII. The Warrants with respect to each Fund shall be issued in substantially the following form (all blanks, including the appropriate amounts, dates, and other information to be properly completed prior to the execution and delivery thereof: (Form of Warrant) UNITED STATES OF AMERICA STATE OF INDIANA Due Date: , COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA, TEMPORARY LOAN TAX ANTICIPATION TIME WARRANT ( ~D) FOK VALUE RECEIVED, on or before _, 200_, the City of South Bend, Indiana (the "City), shall pay to the amount of $ (or so much thereof as may be advanced from time to time and be outstanding as evidenced by the records of the registered owner making payment for this Warrant, or its assigns) pursuant to a certain Warrant Purchase Agreement between and the City, dated as of (the "Agreement"). In addition, the City on the Due Date hereof shall pay to the bearer hereof interest at the rate of % per annum on the outstanding principal amount, with such interest to be calculated on the basis of a 360-day year comprised of twelve 30 day months. BDDBOl 5475853v1 - 4 Both principal of and interest of this warrant are payable in lawful money of the United States of America of the Officer of the Controller of the City, as Paying Agent, or any appointed successor Paying Agent upon presentation on or after their maturity date. This Warrant evidences a temporary loan to 'provide funds to meet current expenses of the Fund, and this Warrant has been authorized by an ordinance passed and adopted by the Common Council of the City of South Bend, Indiana, on 2008, in accordance with Indiana Code, Title 36, Article 4, Chapter 6, and all other acts amendatory thereof or supplemental thereto. This Warrant is issued in anticipation of the tax levy which has been made for the Fund in. the year 2008, which tax levy is now in the course of collection, and which may not be received until 2009. There has been irrevocably appropriated and pledged to the payment in full of the principal of and interest on this Warrant a sufficient amount of the revenues to be derived from the Fund tax levy. It is further hereby certified, recited, and declared that all acts, conditions, and things required by ]aw precedent to the issuance and execution of this Warrant have been properly done, have happened, and have been performed in the manner required by the constitution and statutes of the State of Indiana relating thereto; that the Fund tax levy from which (together with other amounts in the Fund) this Warrant is payable, is a valid and legal levy; and the City will reserve a sufficient amount of the proceeds of the Fund tax levy currently in the course of collection for the timely payment of the principal of and interest on this Warrant in accordance with its terms. IN WITNESS WHEREOF, the City of South Bend, in the County of St. Joseph, State of Indiana, has caused this Warrant to be executed in its corporate name by the Mayor of the City of South Bend, Indiana, countersigned by the City Controller of the City of South Bend, Indiana, and its corporate seal to be hereunto affixed and attested by the City Clerk of the City of South Bend, Indiana, all as of the day of 2008. CITY OF SOUTH BEND, INDIANA BY: Mayor COUNTERSIGNED: (SEAL) ATTEST: Clerk By: Controller [End of form of Warrant] BDDBOl 5475853v1 - 5 Section VIII. The City Controller is hereby authorized and directed to have the Warrants prepared, and the Mayor, the City Controller, and the City Clerk are hereby authorized and directed to execute all Warrants in the manner and substantially the form provided in this Ordinance. Section IX. The City Controller is hereby authorized to deliver the Warrants to the Purchaser, upon receipt from the Purchaser of payment in accordance with the terms of the Warrant Purchase Agreement. Section X. The City Controller and other appropriate. officers of the City are hereby authorized and directed to make such filings and requests, deliver such certifications, execute and deliver such documents and instruments, and otherwise take such actions as are necessary or appropriate to carry out the terms and conditions of this Ordinance and the actions authorized hereby and thereby. Section XI. The City hereby covenants that the City and its officers shall not take any action or fail to take any action with respect to the proceeds of any of the Warrants or any investment earnings thereon which would result in constituting any of the Warrants as "arbitrage bonds" under the Code and any and all final or proposed regulations or rulings applicable thereto, or which would otherwise cause the interest on any of the Warrants to cease to be excludable from gross income for purposes of federal income taxation; and the City Controller and all other appropriate officers are hereby authorized and directed to take any and all actions and to make and deliver any and all reports, filings, and certifications as may be necessary or appropriate to evidence, establish, or ensure such continuing exclusion of the interest on the Warrants. Section XII. All resolutions and ordinances in conflict herewith are, to extent of such conflict, hereby repealed. Section XIII. This Ordinance shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. ***** BDDB01 5475853v1 ' 6 1 Member of the Common Council ATTEST: City Clerk t r "~ " a~ ~>'vu!'z:~i e`::,35a~:i':V ~Si GE:c3 {s~u~'v~ Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2008, at o'clock .m. City Clerk Approved and signed by me on the day of o'clock .m. Z` '-cl 1st READ[NG ~ l t PUELIC HEAPING 3 rd READWG tdOT AFPROVED EFEP,RED. 2ASSE® BDDBOl 5475853v1 2008, at Mayor, City of South Bend, Indiana r,;, ~a9 s ~,4aSt`ia ~n {.~dVit~fii t~OV 1 ~ 2;;~3 1t~YIC; ~nC,E - 7 - ~~ ~tU^~"~... Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan November 19, 2008 The Honorable Council of the City of South Bend .4th Floor, County-City Building South Bend, IN 46601 Fax 574 235-9813 RE: A proposed ordinance of Faith Apostolic Temple, Inc. to zone from CB Community Business District to MF2 High Density Multifamily District, property located at 921 North Bendix Drive, City of South Bend - APC# 2486-08 Dear Council Members: I hereby Certify that the above referenced ordinance of Faith Apostolic Temple, Inc. was legally advertised on Thursday, November 6, 2008 and that the Area Plan Commission at its public hearing on Tuesday, November 18, 2008 took the following action: Upon a motion by Karl King, being seconded by Gary Gilot and carried, the proposed ordinance of Faith Apostolic Temple, Inc. to zone from CB Community Business District to MF2 High Density Multifamily District, property located at 921 North Bendix Drive; City of South Bend is sent to the Common Council with a favorable recommendation. Significant effort has been put forth into the planning for the LaSalle Square site though the South Bend Comprehensive Plan, City Plan, and more recently the LaSalle Square Redevelopment Plan. This rezoning is consistent with both those plans. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, or~~lmi'C9~`u. /~~~W. By JWB:jsc Attachment CC: Faith Apostolic Temple, Inc. Sterling Development, LLC Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2486-08 Owner: Faith Apostolic Temple, Inc. Location: 921 North Bendix Drive Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from CB Community Business District to MF2 High Density Multifamily District to allow Multifamily dwellings. Land Uses and Zoning: On site: On site is a vacant lot. .North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a restaurant and a vacant commercial building zoned CB Community Business District. South: To the south is a multi-tenant retail center zoned CB Community Business District. West: To the west is the LaSalle Branch of the St. Joseph County Public Library zoned CB Community Business District. District uses and development standards: The MF2 High Density Multifamily District is established to protect, promote and maintain the development of high density multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects with on-site amenities. Site plan description: The site plan shows a 20,547 square foot apartment building. This 4 story, 72 unit building will cover 23.9% of the site. Fifty five parking spaces, covering 28,711 square feet, are shown. Open space, including patios covers the remaining 36,712 square feet. Zoning and land use history & trends: This site, as a part of the LaSalle Square area, had requested rezonings in 2001 and 2002. Both were withdrawn. On October 3, 2008, the South Bend Redevelopment Commission accepted the LaSalle Square Plan. Traffic and transportation considerations: Ardmore Trail is a two lane road with a center turn lane. Utilities: The site will be served by municipal utilities. Additional information: (Agency comments) Board of Zoning Appeals variances for the height of the building, recreational open space, and number of parking spaces have been filed for the November 20, 2008 meeting. Faith Apostolic Temple, Inc. #2486-08 _.-~.. Page 1 of .1 ~ Criteria (per IC 36-~-4-603): 1. Comprehensive Plan: Policy Plan: South Bend City Plan -November 2006 Objective H l: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Policy H 1.4: Encourage the development of a variety of housing types and care choices for seniors and disabled persons. Land Use Plan: South Bend City Plan -November 2006 The future Land Use Map shoes this area in general as Mixed Use. Plan Implementation/Other Plans: LaSalle Square Area Redevelopment Plan Five Year Outlook Recommendation #3: Work with a senior housing developer to come into the Square. This development seems ideally suited to be situated in the vacant parcel to the immediate east of LaSalle library, which will preserve the frontage on Bendix Drive to be used for retail development. Bringing in a new development will quickly add residents, improving the likelihood of new retail development for the area. The proposed rezoning is in conformance with these policies and plans. 2. Current conditions and character: The current site is an empty field. 3. Most desirable use: The most desirable use for this site is a mixed use of residential and commercial. 4. Conservation of property values: The surrounding property values should not be affected. 5. Responsible development and growth: It is responsible development and growth to follow previously approved land use plans. 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. Aaalysis: Significant effort has been put forth into the planning for the LaSalle Square site though the South Bend Comprehensive Plan, City Plan, and more recently the LaSalle Square Redevelopment Plan. This rezoning is consistent with both those plans. Faith Apostolic Temple, Inc. #2486-0~ Page 2 of 2 '~%4 11.18.08 Dear Members of the Area Plan Commission, During a recent meeting of the Lincoln Way West Gateway Association neighbors debated the Sterling Group's proposal to build a low income senior citizen complex in LaSalle Square. We concluded that we support the rezoning process and the building of seriior housing in the Square as the development plan suggests, however, we have concerns about this specific proposal. Throughout the planning process neighbors indicated their desire to "raise the baz" while redeveloping LaSalle Square. We believe the re-development should help lift the neighborhood up socio-economically and aesthetically while creating a destination; a warm, vibrant, welcoming place that residents and visitors would want to visit frequently. After reviewing the details of this proposal we have come up with several concerns. First and foremost of our concems is why this development does not include any market rate rental units or apartments set aside for moderate income seniors. Other questions include: * Does the scale of a four-story building fit in the Square, especially on a parcel the size on which it is proposed? Can atwo- or three-story building be a profitable option that also qualifies for the LIHTC program? * While at the federal level the LIHTC program requires a minimum affordability period of 30 yeazs, what is the requirement from the state's perspective? * Was there a marketing study performed before this project was announced and if so, can it be shared with neighbors? * Will tenants be local seniors presently not housed in other developments elsewhere in South Bend or will these people be new to the area? * Will there be zero tolerance for crime whether by adding a "crime-free addendum" to the leases or as matter of policy? . * What impact will this type of development have on our home values? Are there any studies to determine this? * Neighbors were not very enthused about the artist's rendering of the proposed building's _ appearance. To many it evoked images of a modern day Beacon Heights -hardly raising the standards for the area. Since this building will set the standard for future development in the LaSalle Square area, can't the developer construct a building more in line with their Mishawaka properties' design? ;~~. * If the building is sold or management changes in five oi• ten years can the new management alter the mix of the income levels for which the apartments are set aside? We wish to reiterate that we do not oppose housing being constructed as part of the re- development of LaSalle Square but we have many concerns about this project as currently proposed. We question the outdated practice of dramatically increasing the density of very low income people in such a small area given the proximity to another low-income complex of almost 200 units, Beacon Heights, two blocks away. We have high expectations for this project and want to work with city officials, Faith Apostolic Temple and all stakeholders to make the re-development of LaSalle Square a rousing success. We believe the approach to this project must not be limited to a "business as usual" group think that the west side is only suitable for another cookie cutter project. In closing, while we want the rezoning process to move forward we do have many questions about what is on the table presently. We remind all stakeholders and city officials that this project is a tremendous opportunity for South Bend. An opportunity to make the re-development of LaSalle Square a model development that cities across the country will want to study and emulate. Sincerely, Jerry Niezgodski Chairman, Lincoln Way West Gateway Association Statement from the LaSalle Square Steering Committee To the Area Plan Commission of St. Joseph County, lN. November 18, 2008 The LaSalle Square Steering Committee is pleased to offer this statement of support for the Faith Apostolic Temple, Ines petition for rezoning to the Area Plan Commission. The LaSalle Square Steering Committee is a group of stakeholders convened at the request of Mayor Luecke to help guide the LaSalle Square Area Redevelopment Plan (LSARP), which was approved by the Redevelopment Commission on October 3, 200. The LSARP was developed through public planning process by the consultant team of ZPD-t-A and the Center for N age d rash bas s t foormuate the Plan in con unct ondwithlmarket attended public meetings tha research. The ultimate outcome of the Plan calls for LaSalle Square to become a vibrant mixed- used development with a variety of land uses. Moreover, the Plan calls for senior housing to be developed at the proposed site, between the Library and existing commercial buildings affronting Bendix Drive. The LaSalle Square Steering Committee has reviewed the proposed development and is in support, given that the project meets the goals of the Plan. We look forwardlw~h nork~cgss ith the developers throughout their Low Income Housing Tax Credit Program app P and the Development Review Process. This development will aid in the implementation of the plan, and increase the viability of commercial development in the future. To this end, we are in support of the rezoning. ~pG 2~-I~~?o-/~£s ~~ j~lOx ORDINANCE 1®TO. AN ORDINANCE AMENDING THE ZONING ORDINAI~TCE FOR PROPERTY LOCATED AT 92110iORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District. The south portion of the parcel which has a current tax identification number of 18-2191-7192 is a part of the LaSalle Square area and:is currently anchored by the Faith Apostolic Ministries. A northern part of the property which has frontage along Ardmore Trail is proposed to be rezoned to "MF2" High- Density Multifamily District for the development of a multifamily residential development. The development is proposed.to be an independent living senior facility. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 11.80 FEET (RECORD); TIIENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE NORTHWEST INTERSECTION OF THE RIGHTS-OF- WAY OF BENDIX DRIVE AND PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 626.58 FEET (RECORD); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27 SECONDS EAST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 452.46 FEET (RECORD) TO THE NORTHEAST CORNER OF PARCEL DESCRIBED IN INSTRUMENT NUMBER 9866002 AS RECORDED IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 418.61 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 0739854 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID INSTRUMENT NUMBER 9866002 TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 82.88 FEET, A CENTRAL ANGLE OF 33 DEGREES 34 MINUTES 21 SECONDS, AND A CHORD OF 47.87 FEET BEARING NORTH 16 DEGREES 20 MINUTES 20 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF . 48.56 FEET; THENCE NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 76.24 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.974 ACRES, MORE OR LESS. SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P.L.S., #LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE NOTED. ALL RECORD DATA ARE PER A SPECIAL LIMITED WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0256257 IN THE OFFICE OF SAID RECORDER. be and the same is hereby established as "MF2" High-Density Multifamily District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 2008, at o'clock •m• City Clerk day of _ Approved and signed by me on the day of , 2008, at o'clock .m. Mayor of the City of South Bend, Indiana i st READENG ~ b_~~ -~~" RUBLlC f-1EAPlNG 3 rd READ[NG NOT APPROVED REFERitED ~(~;"~SSED Fi~~d lt~ ~le~~'~ ~~~e~8 oc~ - $ zoos JONFlVaORDE G1TY CLERK, S0.6s~C1, lPJ. Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 921 North Bendix Drive, South Bend, IN 4662$ 2) Name and address of properly owner(s) of the petition site: Faith Apostolic Temple, Inc. P.O. Box 3128 South Bend, IN 46628 (574) 288-3515 3) Name and address of contingent purchasers}, if applicable: Sterling Development, LLC Attn: John VanMeeter, Director of Development 3900 Edison Lakes Parkway, Suite 201 Mishawaka, IN 46545 (574) 247-3234 4) It is desired and requested that this property be rezoned from "CB" Community Business to "MF2" High-Densihi Multifamily District 5) This rezoning is requested to allow the following use(s): Multifamily Dwellings (Independent Living Senior Development) 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if ava'table drawn to scale, which includes street names, printed in 8%" x 11" format. ~ ~~ ~ Pastor Gr „b F ier PETITION PREPARED BY: Derek J. Spier, AICP 750 Lincoln Way East South Bend, JN 46601 (574) 232-8700 dspier@abonmarche.com CONTACT PERSON: (If different) Same as Petition Preparer lill~d Ira ~I~r€o'~ ~~~~~~ I~C~' ~- 8 2008 1QHP1 V40R1?E CCfY Cl.~~:~, ~Q. BEi~4,1t3.