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HomeMy WebLinkAbout11-10-14 Council Agenda & PacketSOUTH BEND COMMON COUNCIL MEETING MONDAY, NOVEMBER 10. 2014 1. INVOCATION - CHAPLAIN - CHAPLAIN DAVID PORTERFIELD 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 14 -101 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING HOME WORKS CONSTRUCTION & HOME MAINTENANCE LOCATED AT 1511 PULASKI IN THE CITY OF SOUTH BEND FOR THEIR HUMANITARIAN AND CARING EFFORTS IN ASSISTING A SOUTH BEND RESIDENT ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF - KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT.T. N!l 56 -14 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST E/W ALLEY SOUTH OF COLFAX AVENUE FROM LAFAYETTE BLVD. TO THE FIRST N/S ALLEY 47 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 11, DEFINITIONS TO REVISE THE DEFINITION OF ACCESSORY - STRUCTURE, BUILDING, OR USE 48 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3, COMMERCIAL /MIXED USE DISTRICTS, TO ADD A NEW SUBSECTION TO COMMUNITY BUSINESS DISTRICT AND GENERAL BUSINESS DISTRICT RELATIVE TO THE OUTDOOR DISPLAY AND SALES OF AUTOMOBILES 59 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION 60 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 12 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING CHRONIC PROBLEM PROPERTY REGULATIONS 8. BILLS, THIRD READING TIME: BILL NO. 42 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH COUNCILMANIC DISTRICT 4, RAINBOW CHILD DEVELOPMENT, 17316 & 17288 STATE ROAD 23, SOUTH BEND, INDIANA 56 -14 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST E/W ALLEY SOUTH OF COLFAX AVENUE FROM LAFAYETTE BLVD. TO THE FIRST N/S ALLEY 47 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 11, DEFINITIONS TO REVISE THE DEFINITION OF ACCESSORY - STRUCTURE, BUILDING, OR USE 48 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3, COMMERCIAL /MIXED USE DISTRICTS, TO ADD A NEW SUBSECTION TO COMMUNITY BUSINESS DISTRICT AND GENERAL BUSINESS DISTRICT RELATIVE TO THE OUTDOOR DISPLAY AND SALES OF AUTOMOBILES 59 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION 60 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 12 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING CHRONIC PROBLEM PROPERTY REGULATIONS 9. RESOLUTIONS BILL NO- 14-102 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2820 VIRIDIAN DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MACK TOOL & ENGINEERING, INC. 14 -103 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5233 DYLAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CHASE PLASTICS 14 -104 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5233 DYLAN DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FOR CBK LAND DEVELOPMENT LLC 14 -104 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 802 NAPOLEON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LAURA CARLSON & ROBERT WEST 14 -100 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE 2ND MONDAY OF OCTOBER AS INDIGENOUS PEOPLES DAY ALSO TO BE KNOWN AS NATIVE AMERICANS DAY 10. BILLS, FIRST READING BILL NO- 61-14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTION 9 -17 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING EMS OPERATING ENTERPRISE FUND 4288; CREATING NEW SECTION 9 -17.1 EMS CAPITAL ENTERPRISE FUND 4287 AND CREATING NEW SECTION 2- 170.15 CENTRAL SERVICES CAPITAL FUND 4224 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first E/W alley South of Colfax Avenue from LaFayette Blvd. to the first N/S alley. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first East/West alley South of Colfax Avenue from the East right of way of line of LaFayette Blvd. to the first North /South alley for a distance of 165 feet and a width of 10 feet. Being a part of Knoblock's Subdivision and a Part of the Original Plat of South Bend, City of South Bend, Portage Township, St. Joseph County Indiana. hereby determines that it is desirable to vacate said property. SECTION II: The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III: The following property may be injuriously or beneficially affected by such vacating: 018 - 1012 -0475 018 - 1012 -0474 018 - 1012 -0471 018- 1012 -0473 SECTION IV: The purpose of the vacation of the real property is The alley has been paved and used for parking for many years. Colfax Place Associates owns the four (4) abutting parcels and maintains the area designated as an alley for parking. SECTION V: This ordinance shall be if full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Cool cil Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20_, at o'clock . M. Approved and signed by me on the o'clock . M. � ()--{ 3--1 Y r:ar o,va�o��CD F.ciii:F.LD PASSED City Clerk day of , 20_, at Mayor, City of South Bend, Indiana Filed In -;R 43fiice UT ° Z014 JOHN voono e CITY CLERIC, SOUTH BEND, IN PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL DATE: 10 OF THE CITY OF SOUTH BEND, INDIANA 1 (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: &vq a par+ of Ovblock's Subdi"Islon aml a. Par+ of +he (rig)nal Plat of south 3eral, Gfy of &t4h $end, Porlagc Township, 9. J65eph ((oasfy,Tn t(a B. THE STREET DESCRIBED AS: NAME (signed & printed) Nax 'Place kwaialeslu A. ?""� ADDRESS zz kaLayefft. RETURN TO. OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 LOT # 1µ CONTACT PER-SOON (S) NAME: I lJ}( I ADDRESS: Mail S+r a4 PHONE: 574 d,lh- 1f`f 17i_n ;°ser;'; i�i1r"Gd P014 CITY CLEM 80jTN &ND, IN _ i N ➢u8 leB luB. '�,Bm L. a-'11> v I'jlip ,. v, n; to [ate m rmE I I k � 1 se E. I , 1. � (m tan Mali 1 aY noose WNWAMMMI kOL4 13 � Ili 1 { VV r R/ o° hl. • v OEM, a:W o � -1 °m W 0 m 018.1023 O A O N 044601 2-0447 1 2 -0448 / 1 O O N 0 M N N a O a` 0 0 h a 0 018.1012 2 -0449 018.1008 m N O M 8 -0300 -0466A Colfax Ave 8 -0296 rn 0 6 Washington St LEGAL DESCRIPTION• 6 -0178 0 N _Z Q N N M O M 018.1008 Filed fin , ; Office JOHN V4 O 2E?E CITY CLERit, SOUTH REND, IN The alley to be vacated is the first East/West alley South of Colfax Avenue from the East right of way of line of LaFayette Blvd. to the first North /South alley for a distance of 165 feet and a width of 10 feet. Being a part of Knoblock's Subdivision and a Part of the Original Plat of South Bend, City of South Bend, Portage Township, St. Joseph County, Indiana. PARCELID 018 -1008 -0317 018- 1012 -0475 018- 1008 -0330 018 -1012 -0476 018 -1008 -0319 018- 1012 -0473 PARCELSTAT NAME-1 MAILINGADD MAILINGCIT 71 -08.12 -110- COYNE MARY J 1428 Hamilton Av Cleveland 017.000 -026 INVESTMENTS CEOL MOR INC ✓ 126 S Scott St South Bend SQUARE LLC THE LLC 018- 1008 - 033003 71 -08 -12 -110- COLFAX PLACE ✓ c/o Holladay South Bend 012.000 -026 ASSOCIATES 11 Properties WARDENS AND LP 018 - 1008 -0331 VESTRYMEN OF 71 -08 -12 -111- INDIANA LAND/ 108 N Main St Ste South Bend 002.000 -026 TRUST 108 -118 710 e STJAMES ✓ 111 11 7N 71 -08 -12 -110- X VALLEY ✓ PNC BANK % Chicago 013.000 -026 AMERICAN NATIONAL TAX EPISCOPAL BANK & TRUST SEARCH CHURCH NOTE CO. %NATIONAL 018- 1008 -0320 71- 08 -12- 110 - CITY CORP South Bend IN 46634 ATTN: DON MAIN STREET PATTON LAND TRUST 71- 08- 12- 110 - .t. 113- 117NORTH,' PoBox11545 South Bend 019.000 -026 MAIN STREET IL 60601 014.000 -026 LAND TRUST 71 -08 -12 -110- COLFAX PLACE c/o Holladay South Bend 004.000 -026 ASSOCIATES 11 Properties CO % NATIONAL LP 018 -1008 -0315 71- 08- 12.110- SIMERI LAURA L ✓24989 Layton Road South Bend NY 11101 010.000 -026 021.000 -026 WASHINGTON 018 - 1008 -0316 71 -08 -12 -110- CEOL MOR INC ✓ 126 S Scott St South Bend SQUARE LLC THE 011.000 -026 018- 1008 - 033003 018- 1012- 045801 71 -08 -12 -109- 0 RECTOR ✓ 117 N Lafayette South Bend 008.000 -026 WARDENS AND 018 - 1008 -0331 VESTRYMEN OF INDIANA LAND/ 108 N Main Suite South Bend IN ST JAMES 005.000 -026 018- 1012 -0459 71 -08 -12 -109- e STJAMES ✓ 111 11 7N South Bend 71 -08 -12 -110- 009.000.026 PROTESTANT Lafayette BI IN 003.000.026 EPISCOPAL 46617 CHURCH NOTE 018 1008 0321 018- 1008 -0320 71- 08 -12- 110 - OH 44114 IN 46601 IN 46601 IL 60601 IN 46634 IN 46601 IN 46614 IN 46601 IN 46601 IN 46601 - 71 -OS -12 -110- ,/ TOWER AT ✓ 5 -44 47th Ave Long Island City NY 11101 021.000 -026 WASHINGTON SQUARE LLC THE 018- 1008 - 033003 71- 08.12 -111- INDIANA LAND/ 108 N MAIN ST South Bend IN 46601 004.000 -026 TRUST 411298 STE 711 018 - 1008 -0331 71 -08 -12 -111- INDIANA LAND/ 108 N Main Suite South Bend IN 005.000 -026 TRUST 108/801 711 46601 018- 1012 -0472 71 -08 -12 -110- S M CHRISTE LLC4304 Leeper Ave South Bend. IN 003.000.026 SEE TRANSFER 46617 NOTE 018- 1008 -0320 71- 08 -12- 110 - 113 -117 NORTH Po Box 11545 South Bend IN 46634 020.000 -026 MAIN STREET LAND TRUST 018 -1012 -0477 71 -08 -12 -110- X VALLEY PNC BANK % Chicago IL 60601 014.000 -026 AMERICAN NATIONAL TAX BANK & TRUST SEARCH CO % NATIONAL CITY CORP ATTN: DON PATTON 018 - 1012 - 047701 71 -08 -12 -110- ✓ TOWER AT 5 -44 47th Ave FL3 Long Island City NY 11101 015.000 -026 WASHINGTON Pagel of 3 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 Tim Baker Holladay Corporation 227 S. Main Street South Bend, IN 46601 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 22, 2014 NONE 574/235 -9251 FAx 574/235 -9171 RE: Alley Vacation — The First East/West Alley South of Colfax Avenue from Lafayette Boulevard to the First North/South Alley (Preliminary Review) Dear Mr. Baker: The Board of Public Works, at its April 22, 2014, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that 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. The vacation would not make access to the lands of the aggrieved person by means of public way 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. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. You will need an executed Cross Access Agreement with all affected property owners. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Lihda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office GARY A. GILOT DAVID P RELOs KATHRYN E. Roos PATRICK M. HENTHORN BRIAN J. PAWLOWSKI rx "off\ �. INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 412/2014 TO: Corbitt Kerr, Engineering �ndre Price, Solid Waste itin Kain, Community Investment Federico Rodriguez, Fire Department ✓John Byorni, Area Plan Commission (jbyorni(cDco.st- joseph.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmgriffin(o)nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Holladay Corporation LOCATION: The First East/West Alley South of Colfax Avenue from Lafayette Boulevard to the First North South Alley DATE DUE: April 7,2014 FAX OR E -MAIL TO: 235 -9171 / Imartin(a)southbendin.gov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation would /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 /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would /would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /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. COMMENTS: By _ Date Dawn. Pulliam From: Andre Price Sent: Wednesday, April 02, 2014 11:45 AM To: Dawn Pulliam Subject: RE: Request for Recommendation - Alley Vacation • Holladay Corporation Dawn, this will not impact trash collection Andre From: Dawn Pulliam Sent: Wednesday, April 02, 2014 11:31 AM To: Patrick C. Kerr; Andre Price; Jitin Kain; Federico Rodriguez; Eugene Eyster; Cheryl Greene; jbyorni(a)co.st- joseph.in.u_s.; PMOL!ffin @njsQurce.com Cc: Linda Martin Subject: Request for Recommendation - Alley Vacation - Holladay Corporation Please provide your recommendations. Dawn Pulliam From: Federico Rodriguez Sent: Wednesday, April OZ 2014 12:26 PM To: Dawn Pulliam Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation Approved S.B.F.D Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu @southbendin.eov From: Dawn Pulliam Sent: Wednesday, April 02, 2014 12:18 PM To: Federico Rodriguez Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation Tony Molnar said no he does not think so. From: Federico Rodriguez Sent: Wednesday, April 02, 2014 12:14 PM To: Dawn Pulliam; Patrick C. Kerr; Andre Price; Jitin Kain; Eugene Eyster; Cheryl Greene; ibyornigco st- iosegh in:us; pmgriff n_ knisource.com Cc: Linda Martin Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation Is this alley Columbus Court. Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrieu@southbendin.eov From: Dawn Pulliam Sent: Wednesday, April 02, 2014 11:31 AM Dawn Pulliam From: Patrick C. Kerr Sent; Friday, April 04, 2014 10:39 AM To: Dawn Pulliam Subject: RE: Request for Recommendation - Alley Vacation - Holladay Corporation No objections. It meets IC 36- 7 -3 -13 Criteria 1 -4 From: Dawn Pulliam Sent: Wednesday, April 02, 2014 11:31 AM To: Patrick C. Kerr; Andre Price; litin Kain; Federico Rodriguez; Eugene Eyster; Cheryl Greene; tbvorni co.st- joseoh.in _ us; pmgriffin(anisource.com Cc: Linda Martin Subject: Request for Recommendation - Alley Vacation - Holladay Corporation Please provide your recommendations. Patrick Corbitt Kerr, PhD, PE City Engineer (574) 235 -5931 pckerrPsouthbendin eov City of South Bend "" 227 W. Jefferson Blvd. South Bend, IN 46601 From: Dawn Pulliam Sent: Wednesday, April 02, 2014 11:31 AM To: Patrick C. Kerr; Andre Price; litin Kain; Federico Rodriguez; Eugene Eyster; Cheryl Greene; tbvorni co.st- joseoh.in _ us; pmgriffin(anisource.com Cc: Linda Martin Subject: Request for Recommendation - Alley Vacation - Holladay Corporation Please provide your recommendations. u INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 4/2/2014 TO: Corbitt Kerr, Engineering Andre Price, Solid Waste Jilin Kain, Community Investment Federico Rodriguez, Fire Department John Byorni, Area Plan Commission (ibyorni(aj_)co.st- loseoh.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmpriffinpnisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: Holladay Corporation LOCATION DATE DUE: FAX OR E -MAIL TO The First East/West Ailey South of Colfax Avenue from Lafayette Boulevard to the First North South Ailey April 7,2014 235-91711 Imartinpsouthbendin.00v PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7.3 -13 CRITERIA: 1. The vacation would/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 /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /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. COMMENTS: The preferred way to combine property is through the subdivision process. By Christa Hill, Planner Date 4/3/2014 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 11, DEFINITIONS TO REVISE THE DEFINITION OF ACCESSORY (STRUCTURE, BUILDING OR USE) STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. The Common Council is desirous in promoting educational opportunities throughout the City, and in so doing, is supportive of a citizen -led "Get Booked" reading program where citizens and organizations may place "Book Huts ", AKA Little Free Libraries, on both private and public property throughout the City where citizens of all ages may deposit or withdraw books at no charge. Therefore, the following change needs to be made to the Zoning Ordinance to exempt small accessory structures, as defined, from required setbacks. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article I 1 Definitions, Section 21 -11.02 Definitions, is hereby amended as follows: Accessory (Structure, Building or Use): A subordinate structure, building or use, except for a structure or buildine that is less than four (4) square feet in area and six feet (61 in height, that is customarily associated with, and is appropriately and clearly incidental and subordinate in use, size, bulk, area and height to the primary structure, building, or use, and is located on the same lot as the primary building, structure, or use. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk OD,k./�� V:)(,4, - Member of the Common Council and Y1fVitYIE Presented by me to the Mayor of the City of South Bend, Indiana on the of ,2014, at o'clock M. Approved and signed by me on the , at o'clock . m. I st RUMING 1— Z L —I Y PUBLIC HE;II NG 3rd READ;NG NOT APPROVED REFERRED PASSED City Clerk day of Mayor of the City of South Bend, Indiana day 2014 Filed in Clerk's 0g. 16 2014 t-- _ ... CITY CLERK, .,, «y.ychi7,lld Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 http://www.southbendin.gov September 12, 2014 Member of the South Bend Common Council 4d' Floor County -City Building South Bend, Indiana 46601 Re: Proposed Text Amendment Addressing Accessory Uses Dear Council Members: At the September 8, 2014 Zoning and Annexation Committee meeting, the Area Plan Executive Director updated the Council on the proposed text amendment which would enable programs which use "Book Huts" to move forward. In light of that favorable reception by the Council for this concept, and in collaboration with the Area Plan staff, I am introducing an ordinance which would move this matter forward. The attached Bill would have first reading by the Common Council at our September 22nd meeting and would be referred to the Area Plan Commission so that it could be heard at their October meeting. T you for your continuing support. Derek D. Dieter At Large Most si cerely Gavin Ferlic At Large Derek D. Dieter Karen L. White Council Member at Large At Large Attachment cc: The South Bend Common Council Area Plan Filed in Cle' -rV<., ��,:r;.s `.'• {„ 16 2014 Ur; s t1E►t�, IN Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3, COMMERCIAL/MIXED USE DISTRICTS, TO ADD A NEW SUBSECTION TO COMMUNITY BUSINESS DISTRICT AND GENERAL BUSINESS DISTRICT RELATIVE TO THE OUTDOOR DISPLAY AND SALES OF AUTOMOBILES STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Certain changes are deemed necessary for a more affective administration of the ordinance. The outdoor display or sales of merchandise operate differently than the outdoor display of other products, creating a need for a more specific set of standards to regulate such uses. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (3) (A) Minimum Front Yards, is hereby amended as follows: ii. along all other streets —may include: parking areas, or gasoline sales areas, provided that no portion of such areas may be located closer to the right -of -way than fifteen (15) feet; parking of automobiles associated with a legally established dealership; driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (11) (C) Outdoor Display or Sales of Merchandise, is hereby amended as follows: iv. shall not be located between the front fagade of the primary building and the front lot line, an5,ieeationenthelotauthefizedfo FS; and, Section I11. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (11) Outdoor Operations, is hereby amended as follows: (D) Outdoor Display or Sales of Automobiles when permitted by Special Exception: i. shall be a minimum of five (5) feet from the greater of the proposed roof- way or existin right -of way; ii. shall not be located in any required minimum side yard minimum rear yard minimum front Residential Buiferyard side Residential Bu ffervard or rear Residential Bufferyard; iii. shall provide direct access to an interior access drive for each vehicle displayed for sale: and iv. shall be considered parking areas for the purpose of determining and providi n interior narking areas in compliance with Section 21-07.01(d) Interior Off - Street Parking Area Landscaping and subsequent Sections 21-07.01 (g) Installation of Landscaping and 21-07.01 (h) Maintenance of Landscaping ($)tom (£4 to (F) Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial /Mixed Use Districts, Section 21 -03.07 (b) (3) (A) Minimum Front Yards, is hereby amended as follows: along all other streets — may include: parking areas (ineluding vehicular par-king of automobiles a with legally established dealership), or gasoline sales areas, provided that no portion of such areas may be located closer to the right - of -way than fifteen (15) feet; parking of automobiles associated with a legally established dealership; driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 CommerciaUMixed Use Districts, Section 21 -03.07 (b) (11) (B) Outdoor Display or Sales of Merchandise, is hereby amended by removing subsection (iv) as follows: Section VI. Chapter 21; Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.07 (b) (11) Outdoor Operations, is hereby amended as follows: (C) Outdoor Display or Sales of Automobiles: L shall be a minimum of five (5) feet from the greater of the proposed right-of- way or existin right -of -way; ii. shall not be located in any required minimum side yard minimum rear yard minimum front Residential Bu fferyard side Residential Bu fferyard or rear Residential Bufferyard iii. shall provide direct access to an interior access drive for each vehicle displace for sale; and iv. shall be considered parking areas for the numose of determining and providing interior parking areas in compliance with Section 21-07.01 (d) Interior Off Street Parking Area Landscaping and subsequent Sections 21-07.01(g) Installation of Landscaping and 21-07.01 (h) Maintenance of Landscaping (G) to (D) (P) to (E) (£-) to (F) Section VII. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Councy sti-02 c� CaunCr, and of Presented by me to the Mayor of the City of South Bend, Indiana on the day ,2014, at o'clock . M. City Clerk Approved and signed by me on the day of at o'clock . m. PUBLIC HEARING 3 rd READING NOT APPROV) D RFEERRED PASSED Mayor of the City of South Bend, Indiana 2014 Filed i ^4i ? 2014 . CITY CLERK, t:Gii'iH L'FUD, IN a IDA LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1110 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 16601 IS 71) 235 -9571 September 11, 2014 Oliver Davis, President South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Various Sections of the South Bend Zoning Ordinance Dear Mr. Davis: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to establish detailed development standards for the outdoor display and sales of automobiles in the Community Business and General Business Districts. I am requesting that the attached ordinance be placed on the September 22, 2014 Council agenda for First Reading. The Area Plan Commission will hear this ordinance on October 21, 2014. If you have any questions, please feel free to contact me. !inc y, Lawrence P. Magliozzi Filed Ir "Mice -? 17 2014 F +1 SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, $ ROSELAND W W W ST f 0 5 S PH C 0 U N T Y I N D I AN A. C 0 11 1 A. a p I.. Oliver J. Davis President City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 6 � � n �' � http: / /wwcvsouthbendin.gov November 4, 2014 Derek D. Dieter Members of the South Bend Common Council Vice - President 4w Floor County -City Building South Bend, Indiana 46601 Valerie Schey Chairperson, Committee Re: Bill No. 59 -14 Vacant Building Maintenance and Registration Fees of the Whole Dear Council Members: " Tim Scott First District I respectfully request that Bill No. 59 -14 which has been sent to the Henry Davis, Jr. Council's Health and Public Safety Committee for review and Second District recommendation be continued to the December 8, 2014 Common Council meeting. Valerie Schey Third District This continuance will provide additional opportunities for discussion on the proposed changes addressed in the Bill. Fred Ferlic Fourth District Thank you for your consideration. David Varner Fifth District Most sincerely, Oliver J. Davis y -" " Sixth District " �tirl ' "ScoYf„1"st"DistriceCouncil Member South Bend Common Council Derek D. Dieter At Large cc: Mayor Pete Buttigieg Gavin Ferlic Office of the City Clerk At Large Karen L. White At Large Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION STATEMENT OF PURPOSE AND INTENT On November 26, 2007, the South Bend Common Council passed Ordinance No. 9810 -07. That ordinance created city -wide regulations addressing the registration and maintenance of vacant and abandoned buildings. In 2007, the City of South Bend initiated a three -year program costing $6.825 million to reduce the City's vacant houses by more than 115 and to reduce abandoned housed by 72 %. On February 27, 2013, the "Vacant & Abandoned Properties Task Force Report" was released with Mayor Buttigieg called for 1,000 houses to be addressed in 1,000 days. A combination of rehabilitation and demolition activities has been ongoing. As of the introduction of this ordinance which would raise the annual registration fee, 606 properties have been addressed. The ongoing costs to the city for these programs are continuing to increase. Therefore the following fee adjustments are proposed, which are believed to be in the best interests of the City of South Bend, Indiana. "li; �`7 /iirrr•rr, �r.y/ ��rr /�inir //r / /r• �} �j: �� CI >rrnuindr (Jrarri /r� / /r• C9 % /�r /•,��ru / /�sJrnr /, < %nr /incur, ra,�: / /•md: Section I. Section 6 -37.1 (h) of the South Bend Municipal Code is hereby amended to read as follows: (h) Registration Fees. (1) The owner of any building required to be registered under this section shall pay an annual registration fee to the Department of Code Enforcement upon registration. However, the owner of a building that is vacant but not abandoned within the meaning of this section, who voluntarily registers the building pursuant to Subsection (d)(3), is not required to pay a registration fee. (2) If the building is used for or zoned for residential purposes and contains not more than three (3) residential units the registration fee shall be two hundred fifty dollars ($250.00) per year. Ordinance Amending Vacant Building Maintenance and Registration Regulations Page 2 (3) If the building is used or zoned for residential purposes and contains more than three (3) residential units, or if it is used or zoned for any non - residential purposes, the fee shall be five hundred dollars ($500.00) for the first year or any part thereof, d6flafs ) seven hundred fifty dollars ($750.00) for the second year or any part thereof, and &�e h u.,d dallar-s ($300:900) one thousand dollars ($1,000.00) for the third and each subsequent year or any part thereof that the property is required to be registered pursuant to this section. (4) The purpose of the registration fee is to reimburse the Department of Code Enforcement for the costs of continual monitoring the property by trained staff, and the additional costs of responding to emergencies and property maintenance requirements for a vacant and abandoned building, which includes but is not limited to Personnel costs associated therewith to see that there is compliance with regard to repairs, demolition blight elimination, deconstruction and legal expenses incurred by the city. Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. 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. Tim Scott, 1" District Council Member South Bend Common Council <�l /lei/.• John Voorde, City Clerk Ordinance Amending Vacant Building Maintenance and Registration Regulations Page 3 ,69`�i'o;ewl, -Wby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock . m. Janice Talboom, Deputy Clerk �irnivr /ni d r�i, dby me on the _ day of m. 1st READING t o -o -t PUBLIC HEARING 3 rd READING NOT APPROVED REFERRER PASSM 2014, at o'clock Pete Buttigieg Mayor of the City of South Bend, Indiana i Filed irl ...- )fflce Z I ZU14 CITY CLERX. S 7 BEND, IN City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Oliver J. Davis October 21, 2014 President Members of the South Bend Common Council Derek D. Dieter 4'h Floor County -City Building Vice - President South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southben(iin.gov Valerie Schey Chairperson, Committee Re: Vacant Building Maintenance and Registration Fees g $� of the Whole Dear Council Members: Tim Scott First District It has been over seven (7) years since the annual registration fee amounts for vacant buildings have been reviewed and updated. Henry Davis, Jr. Second District The fees charged are to the owner of property that is vacant so that they are carrying Valerie Schey some of the burden to address these properties, rather than all of that expense being Third District on our taxpayers. The attached ordinance would increase the fees charged in Section 6 -37.1 (h) to reflect the costs being incurred by the City. Fred Ferlic Fourth District As of this month, as posted on the City's website, the City of South Bend is continuing to make progress on our vacant and abandoned housing initiative. It David Varner reports the following: Fifth District 188 Houses Repaired Oliver J. Davis 297 Houses Demolished Sixth District 6 CDC Partner Houses Derek D. Dieter 62 State Blight Elimination Program At Large 8 Houses Under Contract for Deconstruction 45 Houses Under Contract for Demolition Gavin Ferlic 606 Total" At Large I seek your support of these needed changes. I look forward to discussing this with Karen L. White you. I recommend that the Bill be referred to the Health and Public Safety At Large Committee so that it can be heard by the Common Council on November 101h Thank you. Most sincereby Tim Sco'`�`-3 -- J _s First District Council Member Attachment Filed say ; rVice r~ � 14�Ui4 JoIrIN VOGA M CITY CLERK, SOUTH BEND, IN rs Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 12 OF CHAPTER 13 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING CHRONIC PROBLEM PROPERTY REGULATIONS STATEMENT OF PURPOSE AND INTENT On June 10, 2013, the South Bend Common Council passed Ordinance No. 10232 -13. That ordinance created chronic problem property regulations, which have to date successfully addressed many of those problem properties throughout the city. This ordinance is aimed at improving the city's current regulations by placing responsibility on businesses for their actions or inactions which are located within commercial, industrial or PUD zoned areas. This ordinance is believed to be in the best interests of the City of South Bend, Indiana, by creating fair and reasonable methods to address chronic problem properties which are located in commercial, industrial or PUD zoned areas. Section I. Section 13 -156 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended as follows: Sec. 13 -156 Definitions. As used in this Article: (a) Abate shall mean to remedy a condition which constitutes a violation of this Article which is necessary and in the interest of the general health, safety and welfare of the City. (b) Chronic Problem Property is a property which meets the following criteria: 1. Has had not less than five (5) valid complaints in sixty (60) calendar days for any criminal offense governed in Title 35 of the Indiana Code, and /or ordinance citations being issued for a violation of the South Bend Municipal Code which occurred on the property and resulted in a police response and police documented call for service; or 2. Has had not less than five (5) letters issued by the Code Enforcement Department and /or the Law Department in sixty (60) calendar days which sought compliance by the property owner with section(s) of the South Bend Municipal Code; or Chronic Problem Property Ordinance Amendments Page 2 3. A combination of valid complaints and /or ordinance citations issued by a sworn member of the Police Department as further addressed in ¶ 1 herein, and /or has been issued letters by the Code Enforcement Department as further addressed in ¶ 2 herein, which together total not less than five (5) in number issued in a sixty (60) calendar day period. However, in the event that a property consists of more than fifty (50) dwelling units which are rented or intended to be rented and are located on a single parcel or lot for which a postal address exists or may exist for each individual unit including residential rental properties, hotels, motels, or other similar properties offering overnight lodging, such address for a property shall not be considered as a chronic problem property until it has been issued more than twelve (12) verified complaints, ordinance citations, letters seeking compliance involving nuisance activity, as further addressed in ¶ 1 through ¶ 3 herein, in any ninety (90) day period. If a property is zoned commercial as defined in Article 3 of Chanter 21 of the South Bend Municipal Code, or is zoned industrial as defined in Article 4 of the South Bend Municipal Code, or is zoned as a Planned Unit Development (PUD) as defined in Article 5 of Chanter 21 of the South Bend Municipal Code the provisions of (b) 1 2 and 3 of this Section are the criteria for a chronic roblem property. (c) Citation: shall mean an act which is prohibited or an offense which is punishable under the South Bend Municipal Code for which a written ordinance violation citation was issued by the Police Department requiring payment of a fine to the Ordinance Violations Bureau. (d) City means the City of South Bend, Indiana. (e) Police documented call for service shall mean when a sworn member of the Police Department is dispatched or deployed to respond to an incident at a specific location as a police response. (f) Police response shall mean any and all police action needed to protect the health, safety and welfare of inhabitants of a property or location where valid complaint(s) have been documented, with such police response being subject to the governing rules and regulations of the Police Department. (g) valid complaint shall refer to a police documented call for service that a incident took place at a specific property requiring sworn police personnel to be dispatched or caused to respond. The term does not include incidents involving an occupant of the premises as the victim of the crime. (h) Warning notice shall be a written document sent by the South Bend Police Department to any property owner who has received three (3) citations and /or valid complaints from the City Chronic Problem Property Ordinance Amendments Page 3 City warning said owner, and the manager /operator who is doing business at that location that upon receiving five (5) such citations and /or valid complaints in a sixty (60) day period that their property would be deemed a chronic problem property. Section II. Section 13 -157 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended as follows: See. 13 -157 Violations; Notification and Limited Appeals of Being Designated by the City as a Chronic Problem Property.' (a) The owner of any property within the city of South Bend which is designated by the City as a chronic problem property, as defined in Sec. 13 -56, is in violation of this Article. The property owner of any designated chronic problem property shall be responsible for bringing such property into compliance with all governing regulations. However, in the event that such chronic problem property is zoned as commercial industrial or planned unit development as defined in Sec. 13 -56, the manager /owner /operator who is doing business at that location are iointiv and severally responsible for bringing such property into compliance with all governing regulations (b) The South Bend Police Department shall send a warning notice letter to any property owner, and in the case of the property being zoned commercial planned unit development to the manager /owner /operator who is doing business at that location when the property address has been subject to three (3) verified complaints and/or ordinance citations and /or letters issued by the Police Department, the Code Enforcement Department and /or the Law Department, advising said o,A% i person that when the City verifies that said number increases to the thresholds in the definition of a chronic problem property, it shall be so designated. The Police Department, the Code Enforcement Department and the Law Department shall update their data on a regular and consistent basis and electronically transmit it to the assigned police officer(s) of the South Bend Police Department whose responsibilities include overseeing the warning notice letter process. (c) When designating a specific property as a chronic property, the assigned police officer(s) in the South Bend Police Department, shall review and verify: The number of police documented calls for services, the number of verified complaints and ordinance citations issued by the Police Department to a property address in the applicable sixty (60) or ninety (90) day period; and 2. The number of ordinance citations and/or compliance letters sent by the Code Enforcement Department and the number of compliance letters sent by the ' Indiana Code § 36 -1 -1 through Indiana Code § 36 -1 -10 set forth the governing state law provisions for the enforcement of municipal ordinances. Section 2 -13 of the South Bend Municipal Code identifies the City's nine (9) executive departments and specifically lists the Law Department, Police Department and Code Enforcement Department. Chronic Problem Property Ordinance Amendments Page 4 Police Department and the Law Department to a property address in the applicable sixty (60) day or ninety (90) day period. Once designated as a chronic problem property by the assigned police officer(s) in the South Bend Police Department, said property shall remain so designated and tracked on a computerized matrix for compliance /enforcement purposes for one (1) year from the date of designation. Said assigned police officer(s) shall see that the matrix shall be regularly updated and prominently posted on the City's website. Said designation shall only be removed upon action by the Law Department after reviewing documentation from the Police Department and Code Enforcement Department confirming that the subject property has not been the subject of a verified complaint or code violation for a period of not less than three hundred sixty five (365) continuous days, unless credited per the regulations set forth in Section 13 -158. Additionally, any and all fines and repeat nuisance service call fees associated with the designated chronic problem property must have been paid in full for removal from the matrix. (d) The South Bend Police Department shall notify in writing to the property owner, and in the case of the Property being zoned commercial industrial or planned unit development to the manager /owner /operator who is doing business at that location that his/her property location has been designated as a chronic problem property. Said notification shall be delivered in person by an individuals designated by the City by leaving a copy of the notification personally to the person to be notified, by leaving a copy of the notification as set forth below, with such notification being documented by the City in their records; or by sending the notice to the property owner, and in the case of the property being zoned commercial planned unit development to the manager /owner /operator who is doing business at that location by priority mail which is tracked on line with the City tracking the date said notification was delivered. The notification shall be sent to the property owner's residence or usual place of business, or in the case of the propertv being zoned commercial planned unit development to the manager/owner/operator who is doing business at that location which is on record in the assessor's office or other Public office includin but not limited to the Area Plan Commission Office of the City Clerk and/or the Department of Administration and Finance Business Licensing Division This notification shall identify: I. The property owner, and in the case of the property being zoned commercial industrial or planned unit development to the manager/owner/operator who is doing business at that location and list the specific address that has been designated as a chronic problem property; 2. The number of police documented calls for service involving verified complaints, the number of ordinance citations issued, the number of letters issued by the Police Department, Code Enforcement Department, and /or the Law Department, or any combination thereof which have occurred on said property in the applicable sixty (60) or ninety (90) calendar day period; Chronic Problem Property Ordinance Amendments Page 5 3. The cost(s) which may be incurred if there are any future verified police documented calls for service to the property; 4. The cost(s) which may bet be incurred for any future background investigations and /or issuance of letter(s) by the Police Department, the Code Enforcement Department, and /or the Law Department; 5. The individual and his/her city contact information including the name, position, mailing address, telephone & fax numbers and email address to whom the property owner and in the case of the property being zoned commercial industrial or planned unit development to the manager /owner /operator who is doing business at that location designated as a chronic problem property may contact if he /she has questions regarding the notification; and 6. The time period which the designation as a chronic problem property will last and the terms and conditions which must be met for the removal of such designation. (e) Copies of the written notice sent by the South Bend Police Department on each proper address designated as a chronic problem property shall be simultaneously sent electronically to the Law Department, the Code Enforcement Department, Office of the City Clerk, the District Council Member who represents the District where the subject property is located, and all At Large Council Members. (f) The City deems the owner of the property and the residential occupants of the property, = = =u =.ax „mow „�, =vuo,aw, w„v is aomg pusmess at tnat location responsible for any and all prohibited conduct occurring upon the premises after receipt of the written notice designating the property as a chronic problem property. z (g) A Hearing Officer is authorized to hear limited appeals from owners of a property, and in the case of the property being zoned commercial industrial or planned unit development to the manager /owner /operator who is doing business at that location who have been designated by the City as a chronic problem property. Said appeal shall be limited to the verification of whether said eivner person has reached the requisite and applicable number set forth in Section 13 -56 (b) to be z The wording in this paragraph is similar to that set forth in Section 13 -75.5 of the South Bend Municipal Code addressing disorderly house regulations. Chronic Problem Property Ordinance Amendments Page 6 designated as a chronic problem property. A hearing before the Hearing Officer for such limited appeals must be held within thirty (30) calendar days of the appeal being filed. Written notice of the date, time and location shall be mailed or personally delivered by the City to said ewner erson of record. The decision of the Hearing Officer shall be the final administrative action for purpose of judicial review. Section III. Section 13 -158 Remediation Agreements — Proactive Measures to Reduce Time Designated as a Chronic Problem Property of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended by the addition of new paragraph (f) which shall read in its entirety as follows: (fl In the event that a property is zoned commercial industrial or planned unit development and has been designated as a chronic problem property, the manager /owner /operator who is doing business at that location shall be required to enter into a Remediation Agreement consistent with the provisions of this Section Section IV. Section 13 -161 of Article 12 of Chapter 13 of the South Bend Municipal Code is hereby amended to read in its entirety as follows: Section 13 -161 Intimidation and Threats by Property Owner/Manager /Operator Prohibited .3 If any person reports to a City employee or agent that he or she believes that he /she has been intimidated or threatened by the owner or owner's agent, manager or operator of a business doing business in the city, if he or she files a complaint or reports an alleged violation of this Article, the City employee or agent shall encourage the person to report such alleged intimidation or threat to the South Bend Police Department for further action. Section V. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section VI. 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. Tim Scott, I ' District Council Member South Bend Common Council 3 Indiana Code § 35 -45 -2 addresses "Offenses Relating to Communications" including but not limited to intimidation, harassment and the interference with the reporting of a crime. Chronic Problem Property Ordinance Amendments Page 7 Karen L. White, Council Member at Large South Bend Common Council Derek D. Dieter, Council Member at Large South Bend Common Council Office of the City Clerk Voting in Favor Voting in Opposition /iiN nr [i Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock .m. i st READING ?UGLIC HEARING -d READING . :0T APPROVW FFERRED ?ASSED limy /:v /»�d /� yell iii di Janice Talboom, Deputy Clerk . /ay 1/1�. Pete Buttigieg Mayor of the City of South Bend, Indiana ?0 / f re/ Filed R dice 1. r.' 14 CITY— -dEND, IN City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Oliver J. Davis October 21, 2014 President Members of the Common Council Derek D. Dieter 4th Floor County -City Building Vice - President South Bend, Indiana 46601 Valerie Schey Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large Re: Chronic Problem Property Regulations Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http: / /www south bendin.gcv On June 10, 2013, the South Bend Common Council passed Ordinance No. 10232- 13 which created chronic problem property regulations in the City of South Bend. Those regulations have been in effect since October 15, 2013, and have made a significant impact on reducing excessive calls for service to many properties located throughout the City. Those regulations have helped to reduce some of the undue burden on the City's public safety officers who respond to the majority of these nuisance type calls. We have been working closely with Officer Keenan Lane of the South Bend Police Department who is the primary point - person for the implementation of these regulations. He has shared the need for the amendments which are proposed in the attached ordinance. Basically the amendments would place responsibility on businesses for their actions or inactions which are located within commercial, industrial or PUD zoned areas, in an effort to minimize excessive service calls to those establishments. We have also worked with the Law Department on these proposed amendments, and recommend that the proposed ordinance be referred to the Health and Public Safety Committee for review and recommendation, and that a public hearing on these proposed amendments be set for Monday, November l P. Thank you. .._Most s�ri�Ce 'r-61)r, Tim Scott, 1St District Com Qn council ember (��wk& Derek D. Dieter, At Large Common Council Member 1:`LL4White, At Large Common Council Member 0' t1 i J4MWd �oktl °°y„ikJ�, „J CnYC4 "lf,pr ,t gts.n 3P1 LAWRENCE P. MAGLIOZZI I'XICtI'I'I VG DIHIC'f00. AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ,ROOM 1140 COON I'Y -CITY BUILDING, .SOU I -H BEND, INDIANA 46601 (574) 235 -9571 Wednesday, September 17, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 w q1 _,. RE: A proposed ordinance of Rainbow Rascals South Bend LLC to zone from R: Single Family District (County) to O Office District (City) property located at 17316 & 17288 State Road 23, City of South Bend - APC# 2716 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Rainbow Rascals South Bend LLC was legally advertised on Thursday, September 04, 2014 and that the Area Plan Commission at its public hearing on Tuesday, September 16, 2014 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the proposed ordinance of Rainbow Rascals South Bend LLC to zone from R: Single Family District (County) to O Office District (City), property located at 17316 & 17288 State Road 23, City of South Bend, is sent to the Common Council with a favorable recommendation. State Road 23 is a heavily traveled road connecting South Bend and Granger. There are several non - residential uses at the intersection of State Road 23 and Douglas Road. The uses allowed in O Office District are appropriate and compatible to the existing surrounding uses. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Since y, �-` `-�' /& 7/33 Lawrence P. Magliozzi Attachment CC: Rainbow Rascals South Bend LLC Northpoint Engineering & Surveying, Inc. L It1,'b Sk'cF I (` N14 SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA. 6 ROSELAND W W W. S Tf OS EPH C OU NTY IND IANA. C 0 M / area plan Std Renort 9/5/2014 APC # 2716 -14 Owner: Rainbow Rascals South Bend LLC Location: 17316 & 17288 State Road 23 Jurisdiction: City of South Bend Public Hearing Date: 9/16/2014 Requested Action: The petitioner is requesting a zone change from R: Single Family District (County) to 0 Office District (City) and one variance. Land Uses and Zoning: On site: On site are two houses, set to be demolished. North: To the north is a single family home zoned R: Single Family District (County). East: To the east is a single family home zoned R: Single Family District (County) and Memorial Home Care zoned CB Community Business District (City). South: To the south is a bank zoned C: Commercial District (County) and vacant land zoned CB Community Business District (City). West: To the west is the Foundation Center with various medical offices zoned B: Business District (County). District Uses and Development Standards: The 0 - Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi- public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The 0 District is intended for areas with easy access and high visibility from primary transportation routes. Site Plan Description: The building is approximately 10,000 square feet. There are 33 parking spaces. The petitioner is seeking a variance from the required 15' parking setback to 10'. Type A: Open landscaping is shown along State Road 23, the south, and the southern half of the eastern boundary, adjacent to the commercial uses. Type B: Partial Screening is shown along the north and northern half of the eastern boundary, adjacent to residential. Parking screening is shown along State Road 23 and adjacent to residential. Foundation landscaping, parking islands, and dumpster screening are also shown. Access is shown across from the existing entry into the Foundation Center. However, the final driveway must be approved by INDOT. Zoning and Land Use History And Trends: The northeast comer of Douglas and State Road 23 was originally rezoned in 1985, and addition property in 1994 to allow for parking expansion. Foundation Center was rezoned in 1986. Memorial Home Care to the east was annexed in 2002 and rezoned in 2005. The APC # 2716 -14 Page 1 of 3 Staff Reoort 9/5/2014 vacant commercial property to the south was annexed and rezoned in 2007. The bank at the southeast corner of Douglas and State Road 23 was rezoned in 2009. There have been several zonings to OB: Office Buffer District along State Road 23 between Douglas and the Toll Road over the past 10 years. Traffic and Transportation Considerations: State Road 23 is a 4 lane road with a center turning lane. Utilities: The site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment notes rezoning to office is consistent with the general character of the area and would provide a logical transition from the commercial and office uses to the residential uses. The property meets the requirements for annexation, being 25% contiguous to existing City limits. They also commented on additional landscaping, the width and placement of the driveway, and relocating the building in an effort to place the parking at the original 15' setback. The Health Department has no comment since it is connecting to utilities. The City Engineer identifies the nearest sanitary sewer being located in Douglas Road. It is the developer's financial responsibility to make the connection to a public sewer. A drainage plan is required. No public storm sewer is available to the site. The developer will be required to create an erosion control plan and obtain a permit. INDOT has approved the design of the driveway but are still considering placement. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the Comprehensive Plan for South Bend and St. Joseph County (April 2002) Goal 2: Objective B: Locate employment uses in such a manner that conflicts with the residential land uses are minimized. Land Use Plan: The future land use map makes no specific recommendation for State Road 23 between Ironwood Drive and the Indiana Toll Road. Plan Implementation /Other Plans: The future land use map in City Plan, South Bend Comprehensive Plan (November 2006) identifies areas not in the City at that time as low density residential. Since that plan, the three parcels to the south have been annexed and rezoned to CB Community Business District. 2. Current Conditions and Character: The intersection of Douglas and State Road 23 has a range of uses in the City of South Bend and unincorporated St. Joseph County. APC 4 2716 -14 Page 2 of 3 Staff Report 3. Most Desirable Use: 9/5/2014 The most desirable use for properties along State Road 23 is to allow a gradual transition to business uses while still protecting surrounding residential properties. 4. Conservation of Property Values: With proper buffering to the north and east, the residential property value should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to decrease the intensity of zoning from the intersection of State Road 23 and Douglas Road, between commercial and residential uses. Staff Comments: This is a combined public hearing, which includes a rezoning and one variance. The Commission will forward the rezoning to the Council with or without a recommendation and either approve or deny the variances. The petition to rezone this property also includes annexation. The rezoning is from R: Single Family District (County) to O Office District (City). The variance is from the required 15' front parking setback to 10'. The triangular shape of the lot presents practical difficulties on how the lot can be laid out. It is the staffs opinion that the proposed placement of the parking area, building, and play area is optimized for this site. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing the staff recommends the petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the front yard parking variance, subject to the approval of the rezoning. Analysis: State Road 23 is a heavily traveled road connecting South Bend and Granger. There are several non - residential uses at the intersection of State Road 23 and Douglas Road. The uses allowed in 0 Office District are appropriate and compatible to the existing surrounding uses. Filed 1% [U14 C17YCLEFit:, ::: i ss 'tsi3, IN APC # 2716 -14 Page 3 of 3 �, E11` • _ 'Wtl4 f/A `�ji ,ti7 WWw . ✓ � ��� -`v �n ll�fl4� 0 �% f� it �.� s _� i 1 >, �', 'S, '>� ` �a - gyp✓. -r�' w ;� _ �c� �` ` , F i J '��I; -, s�5:y:. II: �. ..si•�.r .-. '� J 5'� � / ® -n�s .... `, t.... �; �� .� -'r yi�51i..� -� IRW 11 "� 11 r Yt •Y +�3 311/(. �yi i ��' �� ((�jQf�J'�I `,L��G/_'' � ^.j�� y/. 1 j - ,•�q � e ir7 � �J--f � � {l.,I';.J [ " �71CtW ""-�'+t-�.+ —Y I '�' ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, RAINBOW CHILD DEVELOPMENT, 17316 & 17288 STATE ROAD 23, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 2.65 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this territory THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: Part of the Southwest Quarter of the Southeast Quarter of Section 29, Township 38 North, Range 3 East located in St. Joseph County, Indiana described as follows: Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees 17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00 seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet; thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of State Road 23; thence continuing North 90 degrees 00 minutes 00 seconds West 123.62 feet to the western right -of -way of State Road 23; thence North 43 degrees 16 minutes 41 seconds East along last said right -of -way 430.58 feet; thence South 89 degrees 04 minutes 26 seconds East 121.78 feet to the eastern right -of -way of State Road 23; thence continuing South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00 degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning containing 2.65 Acres more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as O Office District provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day 2 ,at o'clock . m. Approved and signed by me on the at o'clock m. j READING --L$ —( PUBLIC KARING 3 rd READING 'OT APPROVED �r ....BRED ,;ED, City Clerk day of 2 , Mayor of the City of South Bend-----. _ . p� ".' k r' ZU14 PETITION FOR ANNEXATION AND ZONING PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE QTY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I am the owner(s) (hereinafter "petitioner" or "petitioners ") of a parcel of land more particularly described in Exhibit "A ". 2) Petitioner(s) desire(s) that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by one hundred percent (loo %) of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed and rezoned is located at: 17316 & 17288 ST RD 23 5) The Property Tax Key Number: 71- 04 -29- 455- 002.000 -003 & 71-04-29- 455- 001.000- 003 6) The name and address of the property owner(s) of the petition site is /are: PROPERTY 23, LLC —15138 Stansbury Court, Granger, IN 46530 7) The name and address of the contingent purchaser(s), if applicable: Rainbow Rascals South Bend LLC —1732 Crooks Road, Troy Michigan, 48084 — 248 -519 -1950 8) The parcel is 1.76 acres in size and currently has the following use(s) on it: Residential 9) The number of people currently residing on the property: One Residential House is vacant with the second residence having two people. io) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: R Single Family To City of South Bend zoning classification: O -- Office for the following use(s): Day Care ii) The anticipated "build -out" year for the project: 2015 12) The proposed number of lots: One overall parcel containing 1.76 Acres 13) The proposed miles of new roadways: 0 14) The following information has been submitted with the Petition: 1. a legal description of the property, titled as Exhibit 'A", 2. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. seventeen (17) site plans; 4. addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The si nature(s) of all property owner(s), or Attorney for all property owner(s) Signed: Lbw. Address: 5'1?-SS MAfLe LANG Ne i r. 16) Future Property Owner: Rainbow Rascals South Bend LLC Phone Number: ,1y 9 1ti Bkk-) Phone Number: 1732 Crooks Road, Troy Michigan, 48084 — 248 -519 -1950 - Pfenton(a)rainbowccc.com Future Property Owner's Representative Donna Jo Smithers — Northpointe Engineering & Surveying, Inc. 6125 South East Street, Suite B, Indianapolis, IN 46227 317- 721- 0031(Direct) donna @npes.biz Filed in Clerk's f.-, -, I 1'014 CITY CLERK, SOUTH SEND, IN EXHIBIT "A" DESCRIPTION Part of the Southwest Quarter of the Southwest Quarter of Section 29, Township 38 North, Range 3 East located in St. Joseph County, Indiana described as follows: Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees 17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00 seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet; thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of State Road 23; thence North 43 degrees 16 minutes 41 seconds East along said right -of -way 427.88 feet; thence South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00 degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning containing 1.76 Acres more or less. EJUL 20A CITY CL a'U; r =SPED, IM Adjoiner's Exhibit 19 1 20 9 i 8 I' 7 i i I I 1 21 Cherokee Drive 1 / / 2 / SOU'l1 o SEND, IN :� 11 i Adjoiner's Exhibit 19 1 20 9 i 8 I' 7 i i I I 1 21 Cherokee Drive 1 / / 2 / SOU'l1 o SEND, IN IS -M 0c) - I 1� —( (0 )'– RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2820 Viridian Drive AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MACK TOOL & ENGINEERING, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1902 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: Beg. 1242.51' W Ne Cor Se '/4 Sec 28 -38 -2e On S Line Boland S 293' W 260' N 293' E 260' To Pob 1.75 Ac and which has Key Number 025- 1010 - 040029 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED h*T APPROY19 Member of the Common Council C{IP Q�y9 a � l-fl --! ihls bm 1r" y^ " y "V L 0 wai for P. iwN w4 Filed k- v, . _.4a..,A I. f ce CITY CLEN4 , E� - L� Ij 1�-4o3 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5233 Dylan Drive AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CHASE PLASTICS WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic . Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1902 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: 613.6' E.n. N.e. & 613.6' E Side S.e.n.e Ex: 4.718 Ac to State and Ex Irr Tract Nel /4 Nel /4 And ex Irr tract cont 5.26 ac +/- 18-38N-2E 9.155 ac tot 12/13 split to 025 -1010- 017002 Per 1111301/08/09 missed and fixed in 2013 Split to 04- 1010 - 017001 00 -01 Split Trans 12204 2/9/1998 Annxd 06 -07 per Ord 9587 -05 09/10 Pt to Ptg Prairie Manor #2 10 /11 pt to ptg Prairie Minor #3 Beg 910.31' from the NW '/4 of 38 2e thence Ne 345.46' Thence Se 919.19 thence SW 958.27' Thence Nw 731.96 thence Ne 445.17' Thence Nw 187.23' thence Ne 167.04 To point of Beg cont 5.26 Ac +/- Lot 1 Portage Prairie Minor #2 RP 1732 04 -03 -08 and which has Key Numbers 025- 1010 -0170, 025 -1010- 016902, and 025- 1010 - 017002 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION IIl. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. wpmw,y fo pv� c4xa ate► on Utz WVA eKESENTED NOT APPROVW APOPSHf �''r Member o the Common � Connor — Red in Clerk's Office JOHN VOORDE CITY CLERK, SOUTH SEt9Eb, IN f3tll l 't -toy RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5233 Dylan Drive AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CBK Land Development, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5233 Dylan Drive, South Bend, Indiana, and which is more particularly described as follows: 613.6' E.n. N.e. & 613.6' E Side S.e.n.e Ex: 4.718 Ac to State and Ex Irr Tract Nel /4 Nel /4 And ex Irr tract cont 5.26 ac +/- 18-38N-2E 9.155 ac tot 12/13 split to 025- 1010 - 017002 Per 1111301/08/09 missed and fixed in 2013 Split to 04- 1010 - 017001 00 -01 Split Trans 12204 2/9/1998 Annxd 06 -07 per Ord 9587 -05 09/10 Pt to Ptg Prairie Manor #2 10 /11 pt to ptg Prairie Minor #3 Beg 910.31' from the NW '/4 of 38 2e thence Ne 345.46' Thence Se 919.19 thence SW 958.27' Thence Nw 731.96 thence Ne 445.17' Thence Nw 187.23' thence Ne 167.04 To point of Beg cont 5.26 Ac +/- Lot 1 Portage Prairie Minor #2 RP 1732 04 -03 -08 and which has Key Numbers 025- 1010 -0170, 025- 1010 - 016902, and 025- 1010 - 017002 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of ten (10) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Cor. �lg of tll' � ub t �d teem iN Joe � PRESENTED �' rdl a,�yvo n on 140T APPROVER 11N �w ;ADOPTEO Red in ,"l, as, 's office ZQ14 f,. L'�r CITY Cze SiF s eYa, IN � E � (I k0- [� --(0,5- RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 802 Napoleon AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Laura Carlson & Robert West WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 802 Napoleon, South Bend, Indiana, and which is more particularly described as follows: LOT 53 EXCEPT EAST 140 FEET, SORIN'S 2ND ADDITION, SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA and this property has Tax Key Number 018 -5104 -3634, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seMc., and South Bend Municipal Code Sections 2 -76, et sea., 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 Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. (k-,� -=:5- o Member of the Common Council Soft of tila ? r1 �Is 0,1� to pv&e an OQj> tuft for pg!Igt aid cod awm On ab W^ ism' ARESENTEL2 NOT ;kPKb,YW ADOPTE1T Filed in Clerk's Office E fOV- q 2014 E JOHN VOORDE CITY CLERK, SOUTH BEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574 /235 -9371 FAx:574/235 -9021 SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Laura Carlson and Robert West DATE: October 28, 2014 On October 28, 2014, a petition for residential tax abatement consideration for real property located at 802 Napoleon was filed with the City Clerk by Laura Carlson and Robert West. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION The petitioners intend to construct a 2,000 square foot single family home on a vacant lot at a cost of $300,000. The home will have three bedrooms, 2 1/2 baths along with a 2 car garage, and a finished basement. The lot size is 66' X 81 ". The house is 58' X 50'. The house is part of the Notre Dame redevelopment program to help revitalize the neighborhood. Total taxes to be abated during the (5) five -year abatement period are estimated to be $1,893. Total taxes to be paid during the (5) five -year abatement period are estimated to be $18,550. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITiN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS South Bend Common Council RE: Laura Carlson and Robert West October 28, 2014 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 5 YEAR Carlson & West South Bend Portage Township Residential Real Property Tax Abatement Schedule` 29- Oct -14 Estimated Project Cost: $300.000.00 Total Taxes Tax Abated " Tax Paid "' Assessed Value: Structure (% AV of cost) 100.0% 300,000.00 300,000.00 300,000.00 Land Value 20,000 20,000.00 N/A NIA Gross Assessed Value 320,000.00 300,000.00 300,000.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00) Less Supplemental Homestead Deduction (96,250.00) (96,250,00) (96 250.00) Base Assessed Value 175,750.00 155,750.00 155,750.00 Less Maximum Abatement Deduction NIA NIA (74,880.00) Less Non - Abated Amount N/A (80,870.00) NIA Plus Land Assessed Value N/A NIA 20,000.00 Net Assessed Value 175,750.00 74,880.00 100,870.00 Property Taxes: Assume constant tax rate of 5.0228% 5.0228% 5.0228% Gross Tax (tax rate x net assessed value) 8,827.53 3,761.05 5,066.47 Less County COIT Homestead Credit: 7.3430% (648.21) (276.17) (372.03) Tax Due Before Circuit Breaker 8,179.32 3,484.88 4,694.44 Less Circuit Breaker Credit (4,090.55) (3,106.21) (984.34) Net Tax 4,088.77 378.67 3,710.10 Circuit Breaker Cap Circuit Breaker 1.0000% 3,200.00 3,000.00 3,200.00 Debt Service 0.5057% 888.77 378.67 510.10 Circuit Braker Cap 4,088.77 3,378.67 3,710.10 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 175,750.00 4,088.77 378.67 3,710.10 2 175,750.00 4,088.77 378.67 3,710.10 3 175,750.00 4,088.77 378.67 3,710.10 4 175,750.00 4,088.77 378.67 3,710.10 5 175,750.00 4,088.77 378.67 3,710.10 5 year totals: 20,443.84 1,893.34 18,550.50 'This schedule is for estimation purposes only and assumes constant tax rates. The We tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. —Tax Paid is calculated using the difference between actual assessed value of stmclure and maximum abated portion of $74,880 and adding back the land assessed value. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C. 6.1.1 - 12.1.1, e e . and South Bend Municipal Code Sec. 2 -76 et Beg., for this petition state the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for Iona nroiect descrintions): . 2. Estimate the dollar value of the construction project (do not include land cost): $_1 07h) 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (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): 4. The commonly known address of the Property is: �_/�%aea_— _ _ and having tax key (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 8. The current assessed valuation of the property before construction is $_] -60!1 - (use additional sheet for multiple addresses). (Information may be obtained from the St. Joseph County Assessor's Office, 235. 9523). 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (yp additional sheet for multiple addresses): Is information may be obtained from the St. Joseph County Treasurers office, 235.9531) 10. What is your best estimate of the after completion market value of the property: _600 __ _ (Rev. 5/13/11) 1 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: --------- - - - - -- ------------------- ------------------- 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values 14. The current use of the property is om � �ywuI and the current zoning is -ML-- (use). (This information may be bbtained from the Building Department 235 -9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redeve.10 ent_Commissiu (requiring approval of the tax abatement by the Redevelopment Commission): A)._. il)�r _..1 A., 2L._l..l 16, The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Addre; City,S Teleph E -mail WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. (Rev. 5113111) Name of Property Owner(s): --LQ,✓Y`cl. Cwt- lr✓,- -- -- By: —_— (Signature) �is� y an Office (Typed or printer{ na ant cauaci 0C T Z Y 7014 IM d z a 6' 0 z N z a 0 J K d a, 0 z 0 0 0 n iJ 3 H r N G, N C -kkl;- g LOT 53, EXCEPT EAST 140 FEET I" R"'LGIW I, POTAGE "TO WNS HIIM1PJSrTI . JO/ SIVEVP,H I COUNTY, INDIANA NAPOLEON STREET (82.5' R /N) n OC N 00 H W W d' a r W d N LOCATION DETAIL SCALE: 1' =100' OPROPOSED 10' CORNER LOT SIDE YARD SETBACK (PER VARIANCE I ____ _ NAPOLEON STREET (82.5' R /W) =MABONMARCHE Confidence By Destgn LEGEND I Englneedng r n OA PROPOSED 15' FRONT SETBACK (PER VARIANCE) South Bend, IN 46601 Bonfon Horbor,Ml © 25' FRONT SETBACK (PER CURRENT ZONING) Community Planning © 6.6' SIDE YARD SETBACK (PER CURRENT ZONING) Development SeMces OD 20' REAR SETBACK (PER CURRENT ZONING) am w O PROPOSED 8' REAR SETBACK (PER VARIANCE) = O16.5' CORNER LOT SIDE YARD SETBACK (PER CURRENT ZONING) OPROPOSED 10' CORNER LOT SIDE YARD SETBACK (PER VARIANCE I ____ _ NAPOLEON STREET (82.5' R /W) =MABONMARCHE Confidence By Destgn 5,374 SQ. Ff. I Englneedng r Aschllooly 750 Lincoln Woy East Folt ININ Lond SVn•eylrg South Bend, IN 46601 Bonfon Horbor,Ml mWinolwatedront 7 $74232,870D Manistee,M Community Planning F 574.251.4440 South Haven, Ml londscape ATcNfedare Development SeMces Red bn ^4.,i`'c '"''mil offIS EO L "i" '� �I 1(! 14� I I I I I �I I I I I I I - - -- ------- - --L -- I I - 5,374 SQ. Ff. I (0.12± ACRES) r ( 0 15 30 SCALE: 1 = 30' BAR SCALE IN FEET STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R211-07) Prescribed by the Department of Local Government Finance Th' 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 O Eligible vacant building (IC 6- 1.1- 12.1.4.6) 20_ PAY 20_ FORM SB -1 I 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 Ares. 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 STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to Initiation of the redevelopment orrehabililatlon, BEFORE a deduction maybe approved, 3. To obtain a deduction, application Form 322 ERA7RE or Form 322 ERA7VBD, "Icheveris applicable, must be filed with the County Auditor by the later of., (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is marled 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 to show compliance with the Statement of Benefits. (IC 6.1.1.12. i- 5.1(b) and 1C 5. The schedules established under IC 8.1.1- 12.1 -4(d) for rehabilitated property and under IC 6- 1.1- 12.f- 4.8(1) for vacant buildings apply to any statement of benefits approved on or altet-July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before Juiv 1. 2000, of taxoaver L AlA(A G(6v\ Address of taxpayer (nu tier and street city, state, and ZIP 000) 3 s S ev 1 Nemeofco'n' ggctperson (, ¢Von t�nYf( Telephone number 57b1��il -o6�C. E•�il ddress d+l.. /e�v ale do �=„ Name of designating body Resolution number Location of prope County DofSLGfFl being �district r nS C f dsc� rise � r1b�e0 DL ���pr party, mproveCen s reevelo onx rehabilitation (use cvnaU%it p� t5 io oZ 7qq sn � o1� woir o/nor>W J u�f )tYWt+3%.'t•(ree�5Y add! e shoe I y ry t c /�ryPJ .aJew {io1. e+��y V Estimet s[e date (month, d ay, year) weG /fy)) ao aXS/n l Z r W/J"aS'r�wF NnC /0,Y 'y/ �. " leffon date day, / .. gw.c` 1 e w +�'.°J, ft�`• m ( month, yea 77r Page 1 of 2 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 expires is calendar years `(,see below). The date this designation 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 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions 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. (slgnarum and title ofaffester) Designated body Date signed . If the designating body limits the time period during which an area Is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 - 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 9 -17 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING EMS OPERATING ENTERPRISE FUND # 288; CREATING NEW SECTION 9 -17.1 EMS CAPITAL ENTERPRISE FUND # 287 AND CREATING NEW SECTION 2- 170.15 CENTRAL SERVICES CAPITAL FUND # 224 STATEMENT OF PURPOSE AND INTENT In the interest of promoting greater accountability and transparency, this ordinance would specifically address three (3) funds. It would amend the current provisions set forth in Section 9- 17 of the South Bend Municipal Code by changing Fund # 288 to an enterprise fund structure for the South Bend Fire Department. New Section 9 -17.1 would be a companion fund to Fund # 288 which would be created to track capital expenditures in the Fire Department. New Section 2- 170.15 is proposed to be a companion Fund to Fund # 222 which would enable tracking of capital expenditures in Central Services of the Department of Public Works. This ordinance is believed to be in the best interests of the City of South Bend, Indiana. ✓lr �, G /�r�rn, � � �rr /aineil � //i �inrrncie �crarri /� //r �i!� t��rr // �rrr� �diar�rr, a1�//wa1: Section I. Section 9 -17 of Article 3 Chapter 9 of the South Bend Municipal Code is hereby amended to read in its entirety as follows: See. 9 -17 EMS Operating Enterprise Fund # 288. (a) The revenues generated by the ambulance /medical user fees set forth in Section 9- 16 shall be deposited into EMS Operating Enterprise Fund # 288. (b) EMS Operating Enterprise Fund # 288 shall operate as an enterprise fund for the benefit of the South Bend Fire Department. Section II. Chapter 9, Article 3 of the South Bend Municipal Code is hereby amended by the inclusion of new Section 9 -17.1 which shall read in its entirety as follows: See. 9 -17.1 EMS Capital Enterprise Fund # 287. (a) The EMS Capital Enterprise Fund # 287 is created to be a companion fund to Fund # 288 for the benefit of the South Bend Fire Department. (b) The EMS Capital Enterprise Fund # 287 shall track capital expenditures of the South Bend Fire Department. Ordinance Amending SBMC Addressing Fund # 288, Fund # 287 and Fund # 224 Page 2 Section III. Chapter 2, Article 14 of the South Bend Municipal Code is hereby amended by the inclusion of new Section 2- 170.15 which shall read in its entirety as follows: Sec. 2- 170.15 Central Services Capital Fund # 224. (a) The Central Services Capital Fund # 224 is created to be a companion fund to Fund # 222 for the benefit of the Central Services Division. (b) The Central Services Capital Fund # 224 shall track capital expenditures of the Central Services Division of the Department of Public Works. Section IV. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. 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. 1jkl4ia Office of the City Clerk l 1 \ MN —j 0 " ( G-- Member of the South Bend Comm n Council ond mtgvY9_gyij "3 courwA 20W On Ordinance Amending SSMC Addressing Fund # 288, Fund # 287 and Fund # 224 Page 3 9 eirrelri/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m. m. I 12PAUM l po -1 `( 1114LIC HEARIRd, READING .,OT APPRQVM REFERRED PASSED g Janice Talboom, Deputy Clerk irardait l fxrd by me on the _ day of 2014, at_ o'clock Pete Buttigieg Mayor of the City of South Bend, Indiana Filed in Clerk's Office 4 Z01 JONiv� dCbtJ�SDE CITY CLERK, SOU T N BEND, IN 120ON CouNrr -Cm B[m.DTNG 227 W. JEFFERSON BI.vD. SOUTH BEND, INDIANA 46601 -1830 CITY of SOUTH BEND PETE BUTrIGIEG, MAYOR PHoNE 574/ 235-9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE November 4, 2014 Mr. Oliver Davis President, South Bend Common Council 4"' Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Amending or Adding Three Funds in the South Bend Municipal Code Dear Council President Davis: During the 2015 budget process, the City Administration discussed amending/adding three funds in the interest of promoting greater accountability and transparency. The purpose of this bill is to amend the South Bend Municipal Code for these funds in order to implement the 2015 budget that was passed by the Common Council during October, 2014: • Fund 288 — EMS Operating Enterprise • Fund 287 — EMS Capital Enterprise • Fund 224 — Central Services Capital This bill is respectively submitted for I" reading at the council meeting on November 10, 2014 and 2 "d reading, public hearing, and 3`a reading at the council meeting on November 24, 2014. I will present this bill at the appropriate committee and council meetings. Respectfully submitted, J H. Murphy City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel Brian Pawlowski, Deputy Chief of Staff Jennifer Hockenhull, Deputy City Controller Filed in Clerk's Office Y -4N14 CITY CLERY, SOUTr aEND, IN /I -4 -I4