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Home My WebLink About11-24-14 Council Agenda, Packet & Committee MeetingsOffice of the City Clerk JOHN VOORDE, CITY CLERK November 20, 2014 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday. November 24. 2014, in the Council Informal Meeting Room, 4'^ Floor County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana: 3:30 P.M. PERSONNEL & FINANCE VALERIE SCHEY, CHAIRPERSON 1. Bill 61 -14 — Amend Section 9 -17 addressing EMS Operating Enterprise Fund #288, create new EMS Capital Enterprise Fund #287 and new Central Services Capital Fund #224 2. Update on the City's Health Insurance from Gibson and the Human Resource Department 3:55 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 14 -107 Designating Tax Abatement for Cooreman Real Estate -5 year Residential -4946 & 5004 Stern Line Ct., 4919 Bow Line Court 2. Discussion on a recommendation for the St. Joseph County Economic Development Commission appointment 4:15 P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON 1. Update on the PSAP 911 call center —Todd Geers 4:45 P.M PARC COMMITTEE DR. FRED FERLIC. CHAIRPERSON 1. Discussion on Ash Trees and the Emerald Ash Borer 455 County-City Building • 227W Jefferson Blvd . South Bend Indiana 46601 • 574/235 -9221 • Fax 574235 -9173 KAREEMAH FOWLER JANICE TAI.ELOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK Council President Oliver J. Davis has called an Informal Meeting of the Council for: 5:15 P.M. INFORMAL MEETING OLIVER J. DAVIS. CHAIRPERSON 1. Discussion of Council Agenda 2. Miscellaneous matters cc: Mayor Pete Buttigieg Committee Meeting List Media Auxiliary Aid or Other Services may be Available upon Rei Please give Reasonable Advance Request when AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, NOVEMBER 24, 2014 7:00 P.M. 1. INVOCATION - CHAPLAIN FRED PRESTON 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB- COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 14 -108 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING UNITY GARDENS, INC. FOR THEIR ABUNDANT ANNUAL HARVESTS AND FOR ALL OF THEIR MANY NURTURING EFFORTS BENEFITTING OUR COMMUNITY IN PROMOTING HEALTHY AND POSITIVE OPPORTUNITIES ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE DEPUTY CHIEF OF STAFF - BRIAN PAWLOWSKI G. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 61 -14 PUBLIC HEARING 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 #288; CREATING NEW SECTION 9 -17.1 EMS CAPITAL ENTERPRISE FUND #287 AND CREATING NEW SECTION 2- 170.15 CENTRAL SERVICES CAPITAL FUND #224 8. BILLS, THIRD READING TIME: BILL NO. 61 -14 THIRD 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 #288; CREATING NEW SECTION 9 -17.1 EMS CAPITAL ENTERPRISE FUND #287 AND CREATING NEW SECTION 2- 170.15 CENTRAL SERVICES CAPITAL FUND #224 9. RESOLUTIONS BILL NO. 14 -106 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 -107 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 4946 STERN LINE COURT, 5004 STERN LINE COURT, AND 4919 BOW LINE COURT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. 10. BILLS, FIRST READING BILL NO. 62 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -9.1 ADDRESSING POLICIES AND PROCEDURES GOVERNING CITY -OWNED TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL MEDIA AND SOCIAL NETWORKING POLICIES AND PROCEDURES 63 -14 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $600,000 FROM GENERAL FUND ( #101), $45,000 FROM ECONOMIC DEVELOPMENT STATE GRANT FUND ( #210), $280,000 DEPARTMENT OF COMMUNITY INVESTMENT FUND ( #212), $50,000 FROM HUMAN RIGHTS GRANT FUND ( #258), $20,000 FROM HAZMAT FUND ( #289), $3,184 FROM HALL OF FAME DEBT SERVICE FUND ( #313), $5,038 FROM CUMULATIVE CAPITAL IMPROVEMENT FUND ( #407) AND $1,448,174 FROM EMPLOYEE BENEFITS FUND ( #711) 64 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $244,500 FROM SOLID WASTE FUND ( #610), $168,094 FROM SEWAGE CAPITAL FUND ( #642), $6 FROM 2007 SEWER BONDS FUND ( #647), $200 FROM SEWAGE WORKS SINKING FUND ( #649), $2,221 FROM 2010 SEWER BOND FUND ( #658), AND ($19,100,000) FROM 2013 SEWER BOND FUND ( #663) 65 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 11. UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 58 -14 - REZONING - 1430 MISHAWAKA AVE 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. r3;�1 lea 6( -(y 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. .�r t�, �U /ir�rt, �/di J/ �rr /iriNrr / /� //i C9arirnu•dr CXrinri /� //r Ur %rjUOn //r JNrirr /, r 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. nev. Office of the City Clerk l 1 \ M -7 (J " ( G Member of the South Bend Common Council Qi piSClVW 0' ��rt4on ull� �iest�.� CWrd Ordinance Amending SBMC Addressing Fund # 288, Fund # 287 and Fund # 224 Page 3 OPevew%lby 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 irre r/a d ✓fwnvlby me on the _ day of 2014, at _o'clock tsy arADM l [-to —� i -%1C HEARING° I READING .,OT APPRQ O REFERRED PASSED Pete Buttigieg Mayor of the City of South Bend, Indiana Filed in CItP:"k'e Office ?vV - 4 JOHV VOOVIDE CITY CLERK, SOUTH BEND, IN 120ON Courrrr -Cm B mDwr 227 W. JEFFERsoN BLVD. SouTH BAND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTnG1EG, MAYOR F4oNa574/235 -9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE November 4, 2014 Mr. Oliver Davis President, South Bend Common Council 4d' 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 151 reading at the council meeting on November 10, 2014 and 2 d reading, public hearing, and 3rd 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 �'lerk'6, Office EV hLV 4 2014 JOFsa; s10 -'n CITY CLEW(, SOUTV;SEND, IN RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 802 Napoleon, Indiana, and which is more particularly described as follows: LOT 53 EXCEPT EAST 140 FEET, SORIN'S 211D 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 gt sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PKESENTED NOT A ?PROVEd `�fTQPtEri Member of the Common Co ci" 1 s'ttad in Clerk's Office OCT 2 3 2014 SOHN VOORDE NY" CLERK, SOUTH SEND, IN ' and s'ttad in Clerk's Office OCT 2 3 2014 SOHN VOORDE NY" CLERK, SOUTH SEND, IN ' 9 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 4946 Stern Line Court, 5004 Stern Line Court, and 4919 Bow Line Court AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Cooreman Real Estate Group, Inc. 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 4946 Stern Line Court, 5004 Stern Line Court, and 4919 Bow Line Court, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED "SEC. CORNER"; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475 -477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPLAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A ", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A ", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF A NON- TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS I THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT #0323151. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING MARKED BY A 1 1/2" DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A 1" DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE 2 DRIVE AND A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD. and this property has Tax Key Numbers 025- 1010 - 017645, 025 -1010- 017647, and 025 -1010- 017678 , be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et se q., 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 sue., and South Bend Municipal Code Sections 2 -76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community 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 seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii, evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. 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. This resolution is passed as an exception to the current City Code regarding the applicable building permit provision (Section 2- 84.7(c)13. Previously, Council approved Resolution 4298 -13 lots 47, 73, 78, 88 as special exceptions for the Villa at Lake Blackthorn because of conflict of the City Code and building permits being pulled. The council considers this abatement because the City specifically provided water and sewer services to spur additional development. 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. This resolution is adopted as an exception to the current City Code regarding the applicable building permit provision (Section 2- 84.7(c)13. 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. ?RL�Eti "I'ED NOT APMiOVED ADOPTM Member of the Common Cou it Wft Of INS W is OnV tO 0MV& gl Opporpmpy fa7 PUNIC heaft end CmdacbmOnNibm Filed ' L „ ierk bffice F ;Y 4 2914 JOHN VOORDE Mflt 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: Cooreman Real Estate Group, Inc. DATE: October 23, 2014 On October 22, 2014, a petition for residential tax abatement consideration for real property located at The Villas at Lake Blackthorn street address of 4946 Stem Line Court, 5004 Stern Line Court and 4949 Bow Line Court. 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 three 1,800 square foot single family homes on three lots in The Villas at Lake Blackthorn in Sections I and II at a cost of $250,000 for each home. . The homes will have three bedrooms, 2 baths along with a 2 car garage. These three properties were left of an existing abatement which expires on 11/12/2018. They had personnel changes within the company around the time of filing the existing abatement and a careful audit of the lots to be included was not conducted resulting in the three lots being left of in error. By filing for a new abatement they will have two years to develop and sell the lots. As an alternative to filing an abatement extension to an existing abatement would PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES AnN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB South Bend Common Council RE: Cooreman Real Estate Group, Inc. October 23, 2014 Page 2 have given them only one year to develop and sell the lots. The Villas at Blackthorn is a single family home subdivision with 114 home sites, located on 56 +- acres, with a large lake, a gazebo park, and a year round pond. Total taxes to be abated during the (5) five -year abatement period are estimated to be $5,679. Total taxes to be aid during the (5) five -year abatement period are estimated to be $45,686. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has been associated with or been granted these previous tax abatements: 3868 -08, 3869 -08, and 3806 -07. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. The Building Commissioner has noted that the properties requesting abatement have had building permits pulled. 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, if the Council determines a special exception is granted. Filed in Jerk's Office JOHN VOORDE CITY CLERK, SOUTH BEND, IN &(( P(3 -1 ,(o) 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 4946 Stern Line Court, 5004 Stern Line Court, and 4919 Bow Line Court AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Cooreman Real Estate Group, Inc. 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 4946 Stern Line Court, 5004 Stern Line Court, and 4919 Bow Line Court, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED "SEC. CORNER "; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE: OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475 -477, AS RECORDED IN THE. OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323,58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2,00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPLAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A ", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A ", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE. OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES I I MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT I OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICI I INCLUDES LOTS I THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT 032315 1. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP; ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING MARKED BY A 1 1/2" DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A I" DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE DRIVE AND A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD. and this property has Tax Key Numbers 025- 1010 - 017645, 025 -1010- 017647, and 025 -1010- 017678 , 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 M., 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 rd 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. (ati--� kv Member of the Common CoungA Win++ .;' u 1 ° � t Cour,�l�a�� .., and 0 4�,1 ifS Ina ?Qf4 6 t4 Gi 22t ' JGk-Tt; g?N31, IN NOT �IAPPRO` c5. ADO T�-D 227 W. JEFFERSON BOULEVARD SUITE 1400 S. Sou TH BEND. IN 46601 -1830 October 23, 2014 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Cooreman Real Estate Group, Inc. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235.9021 Please find attached the Department of Community Investment's report on a residential real property tax abatement petition submitted by Cooreman Real Estate Group, Inc. for three homes at the Villas of Lake Blackthorn. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build three single - family homes at a cost of approximately $750,000. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, November 10, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely, '9 vZ -V Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES .11 [IN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB 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: Cooreman Real Estate Group, Inc. DATE: October 23, 2014 On October 22, 2014, a petition for residential tax abatement consideration for real property located at The Villas at Lake Blackthom street address of 4946 Stern Line Court, 5004 Stern Line Court and 4949 Bow Line Court. 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. The petitioners intend to construct three 1,800 square foot single family homes on three lots in The Villas at Lake Blackthorn in Sections I and II at a cost of $250,000 for each home. . The homes will have three bedrooms, 2 baths along with a 2 car garage. These three properties were left of an existing abatement which expires on 11/12/2018. They had personnel changes within the company around the time of filing the existing abatement and a careful audit of the lots to be included was not conducted resulting in the three lots being left of in error. By filing for a new abatement they will have two years to develop and sell the lots. As an alternative to filing an abatement extension to an existing abatement would PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN - PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB South Bend Common Council RE: Cooreman Real Estate Group, Inc. October 23, 2014 Page 2 have given them only one year to develop and sell the lots. The Villas at Blackthorn is a single family home subdivision with 114 home sites, located on 56 +- acres, with a large lake, a gazebo park, and a year round pond. Total taxes to be abated during the (5) five -year abatement period are estimated to be $5,679. Total taxes to be paid during the (5) five -year abatement period are estimated to be $45,686. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has been associated with or been granted these previous tax abatements: 3868 -08, 3869 -08, and 3806 -07. 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. 6 YEAR Cooreman South Bend Portage Township Residential Real Property Tax Abatement Schedule' 30-Oct-14 Circuit Breaker Cap Circuit Breaker Estimated Project Cost: $250.000.00 2,700.00 2,500.00 2,700.00 Debt Service 0.5057% Total Taxes Tax Abated" Tax Paid"' Circuit Braker Cap Assessed Value: 3,424.42 2,878.67 3,045.75 Structure (% AV of cost) 100.0% 250,000.00 250,000.00 250,000.00 Land Value 20,000 20,000.00 N/A NIA Gross Assessed Value 270,000.00 250,000.00 Abated 250,000.00 Less Mortgage Exemption (3,000.00) (3,000.00) 3,045.75 (3,000.00) 2 Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00) 143,250.00 Less Supplemental Homestead Deduction (78,750.00) (78,750.00) 4 (78,750.00) 3,424.42 378.67 Base Assessed Value 143,250.00 123,250.00 143,250.00 123,250.00 378.67 Less Maximum Abatement Deduction N/A 5 year totals: N/A (74,880.00) 15,228.74 Less Non - Abated Amount N/A (48,370.00) NIA Plus Land Assessed Value N/A NIA 20,000.00 Net Assessed Value 143,250.00 74,880.00 68,370.00 Property Taxes. Assume constant tax rate of 5.0228% 5.0228% 5.0228% Gross Tax (tax rate x net assessed value) 7.195.13 3,761.05 3,434.07 Less County GOT Homestead Credit: 7.3430% (528.34) (276.17) (252.16) Tax Due Before Circuit Breaker 6,666.79 3,484.88 3,181.91 Less Circuit Breaker Credit (3,242.37) (3,106.21) (136.16) Net Tax 3,424.42 378.67 3,045.75 Circuit Breaker Cap Circuit Breaker 1.0000% 2,700.00 2,500.00 2,700.00 Debt Service 0.5057% 724.42 378.67 345.75 Circuit Braker Cap 3,424.42 2,878.67 3,045.75 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 143,250.00 3,424.42 378.67 3,045.75 2 143,250.00 3,424.42 378.67 3,045.75 3 143,250.00 3,424.42 378.67 3,045.75 4 143.250.00 3,424.42 378.67 3,045.75 5 143,250.00 3,424.42 378.67 3,045.75 5 year totals: 17,122.08 1,893.34 15,228.74 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. -"Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. 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.0 6 -1.1- 12.1 -1, et sea., and South Bend Municipal Code Sec. 2- 76 et sea., for this petition states the following: Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): Three (3) homes in The Villas at Lake Blackthorn Section I and H— a single family home subdivision with a total of 114 home - sites, located on approximately 56 +/- acres, with a large lake, a gazebo park, and another small year round pond. Homes average 1800 sq. feet, 3bdr /2bath/2car garage with an average market value of $250,000. The property has an existing abatement — Resolution number 4295 -13 expiring 11/12/2018. These three parcels were left off the existing abatement in error. We had personnel changes within the company around the time of filing for the tax abatement and a careful audit of the lots to be included was not conducted, resulting in these three lots being left off in error. 2. Estimate the dollar value of the construction project (do not include land cost): $750.000.00 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Cooreman Real Estate Group, Inc. 4404 Technology Drive, South Bend, IN 46628 4. The commonly known address of the Property is: The Villas at Lake Blackthorn Section I and having tax key numbers and street addresses as on attached Exhibit D. 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. The current assessed valuation of the property before construction is: See Exhibit D. 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner: See Exhibit D. Petition for TA VLB SEC I -Page 1 of 8 10. What is your best estimate of the after completion market value of the property: $15,150,000 (Fifteen Million One Hundred Fifty Thousand). 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: N/A 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: Economic market factors, including the tightening of the credit market, and the decline of real estate property values, have compounded the impact of the higher than comparable city taxes in this subdivision. Additionally, the majority of the unsold property in this neighborhood is located adjacent to the US 31 Bypass — a negative that has proven to be an immitigable factor in the slow growth of sales. Additionally, the new construction market has plummeted from 800+ new homes annually, to about 100 new homes. The tax abatement provides an incentive for citizens to invest in new construction within the city limits of South Bend. 14. The current use of the property is Residential and the current zoning is RES A. 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): N/A 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Steve Cooreman & Barbara Yanes -Henry Cooreman Real Estate Group, Inc. 4407 Technology Drive, South Bend, IN 46628 Office: 574- 277 -0116 or Mobile Ph: 574.250.5024 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. NaRie of Property Owner(s): Group, Inc. Cooreman, President Filed 1;T; 1 t 1�1 � �� L 4 2 2 4 �q yy i \M5dP'll<SJi)W tnr CITY CLERK., SOUTi, Petition for TA VLB SEC I - Page 2 of 7 EXMIT "A" LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED "SEC. CORNER"; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF. 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET, (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475 -477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPLAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A ", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A ", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES I1 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT #03231 S I SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. I Filed in C1 &4.: ® P"''- R a SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. r , CITYCLERI. b0 „' END, IN Petition for TA VLB SEC I - Page 4 of 8 LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING MARKED BY A 1 1/2" DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A I" DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE DRIVE AND A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD. Filed In Clerk E OCT 2 2 2014 j JOHN Vr y.4 I CITY CLERK, Petition for TA VLB SEC I . Page 5 of 8 EXHIBIT 'B" Adams Rd, W at Blackthorn 1 US 31 Villas at lake sypws I 86ckthorn Brkk Rd. CloNoland Rd. Ceooer 1-80% Toll Rd. Entmwe L L L 20 4 z ------ ®A wrl lnn-djl�erkls Off ............ O-CT 22 2 2014 -- cl" 75 Petition for TA VLB SEC I - Page 6 of 8 EXHIBIT "C" <G as FI7 -- er s 22 2014 "sic" IN Petition for TA VLB SEC I - Page 7 of 8 EXHIBIT "D" p Frk s j ce (.014 ;y Petition for TA VLB SEC I - Page 8 of 8 Assessed Taxes 12 Tax" 11 Value pay 13 pay 12 LOT# STREET ADDRESS KEY# 2612 025-1010-017645 VLB lot 27 4946 Stem Line Court $500 $10.52 $10.52 0254010-017647 VLB lot 29 5004 Stem Line Court $400 $13.15 $13.15 025-1010-017678 VLB lot 60 4919 Bow Line Court $400 $55.72 $55.72 p Frk s j ce (.014 ;y Petition for TA VLB SEC I - Page 8 of 8 STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R5112 -13) ® Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4) ❑ Residentially distressed area (IC 6- 1.1- 12.1 -4.1) INSTRUCTIONS: 20_ PAY 20_ FORM SB -1 I Real Property PRIVACY NOTICE Any information concerning the cost of the property and specific salaries paid to individual employyees by the Property owner is co�tlential per IC 6-1.1- 12.1 -5.1. I. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area_ Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction, a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty (30) days after the assessment notice is mailed to the property owner Nit was mailed afterApol 10. A property owner who failed to rile a deduction application within the prescribed deadline may file an application between March 1 and May f0 of a subsequent year 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF -1 /Real Property. The Form CF- 1/Real Property should (b attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC6 -1.1- 12.1- 5.1(b) 5. For a Form SB -1 /Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB- 1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6.1.1- 12.1 -17 SECTION 1 TAXPAYER Name of taxpayer INFORMATION COOREMAN REAL ESTATE GROUP INC. Address of taxpayer (number and street, city, stab, and ZIP code) 4404 TECHNOLOGY DRIVE Name of contact person Telephone number E -mail address STEPHANIE WEBSTER ( 574 ) 277 -0116 ste hanie cooreman.com Name of designating body SOUTH BEND COMMON COUNCIL Resolution number Location of property 4295 -13 N OF BRICK RD/ E OF ORANGE RD/ W OF US 31 BYPASS County ST. JOSEPH DLGF taxing district number GERMAN Description of gal property improvemenLS, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, dajyeao Three (3) homes in the Villas at Lake Blackthorn Section I & Ik a single family home subdivision with a 11/12/2014 total of 114 lots, located on 56 +/_ acres with a large lake, gazebo park, and small pond. Avg. home price Estimated completion date (mo $ 250,000.00, avg. lot price $47,000.00 11/12/2019 Current number Salaries Number retained Salaries Number additional Salaries REAL ESTATE IMPROVEMENTS Current values COST ASSESSED VALUE Plus estimated values of proposed project 175 000.00 530.000.00 12,750.000.00 Less values of any property being replaced 12,750,000.00 Net estimated values upon completion of project 15,150.000.00 15,150,000.00 Estimated solid waste converted (pounds) Estimated haz ardI�tari�rvetted({p`odrsdsf office Other benefits ._ 014T beti t EITY` rti t the representations in this statement are true. w presentative 7Printednameifaynoraed Date $igne�(m nth, d y, year) C representative 7 M Tide STEVE CO OREMAN PRESIDENT Page 1 of 2 Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1 OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -9.1 ADDRESSING POLICIES AND PROCEDURES GOVERNING CITY -OWNED TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL MEDIA AND SOCIAL NETWORKING POLICES AND PROCEDURES STATEMENT OF PURPOSE AND INTENT On January 16, 2013, Policy # 01 -2013 governing members of the South Bend Common Council took effect which created Interim Policies and Procedures addressing City -Owned Technologies which are currently in effect. On February 1, 2013, Policy # 02 -2013 governing members of the South Bend Common Council took effect which created Interim Policies and Procedures addressing Facebook Standards. These policies were deemed necessary in light of the Common Council beginning to transition from a paper -driven legislative body to using advanced technologies including but not limited to city -owned computers and city -owned Ipads. Both of these referenced Interim Policies and Procedures have been updated and are included in the proposed ordinance. On June 24, 2014, proposed "Supplemental Social Media Practices and Guidelines" was shared with the Common Council. That draft recommended twenty -five (25) supplemental guidelines and incorporated many policies which are used by other communities and many Fortune 500 companies. Additionally, all three (3) areas summarized above have had input from the City of South Bend's Human Resources Director and the City's Information Technologies staff of the Department of Administration and Finance. These policies and procedures would formally govern members of the South Bend Common Council setting forth best practices to help keep pace with the ever - changing technologies. They would be codified into Chapter 2 of the South Bend Municipal Code along with other Common Council regulations. Best practices governing many federal departments have also been studied and reviewed. Today Council Members communicate, collaborate and exchange information using a variety of the latest technologies. It is acknowledged that opportunities to engage the public are often not without risk. This ordinance is intended to address responsible and appropriate use of these new technological resources, and also strives to maintain compliance with the State of Indiana's Open Meeting and Public Records laws. This ordinance is believed to be in the best interests of the City of South Bend, Indiana, in seeking and maintaining the highest standards of respect, integrity, and professionalism of all the individuals elected to serve in legislative branch of city government. �Xer m ffe- �rdrin« //J / /�. 1&6yw,71Cw awm ,Jlc1J /re - 6�aJ/ ii l dirie �, /m /crni : Ordinance Amending SBMC Creating New Section 2 -9.1 Page 2 Section I. Chapter 2, Article 1 of the South Bend Municipal Code is hereby amended by the inclusion of new Section 2 -9.1 which shall read in its entirety as follows: Sec. 2-9.1 Policies and Procedures Governing City -Owned Technologies, Facebook Standards, Social Media and Social Networking. (a) Pumose and Intent. The following policies and procedures shall govern the official and the non - official personal use of any and all city -owned technologies and privately -owned technologies, usage of Facebook, social media and social networking services and tools by any person elected to serve as a member of the South Bend Common Council. These policies and procedures shall govern various types of communication and public engagement including but not limited to: 1 Email and text messaging' 2. Media Sharing — Examples: You Tube, iTunes 3. Blogging /Microblogging — Examples: WordPress, Blogger, Twitter 4. Social Networking — Examples: Facebook, MySpace, LinkedIn, Ning 5. Document and Data Sharing Repositories: Examples: Scribd, S1ideShare, Socrata 6. Social Bookmarking — Examples: Delicious, Digg, Reddit 7. Widgets — Examples: Google Maps, AddThis, Facebook "Like" (b) City -Owned Technologies. All technology resources owned by the City of South Bend, Indiana, which are permitted to be used by a member of the South Bend Common Council shall be used in compliance with the following regulations: 1. Technology resources are to be used primarily to serve the governmental need of the City of South Bend. 2. Technology resources may be used for personal purposes on a limited basis, provided there is: i. No marginal cost to the City of South Bend ii. No interference with government responsibilities iii. No political activities iv. No accessing of sites which promote laws which are contrary to the city, state or federal governments ' Indiana's Public Access Counselor Luke H. Britt ruled that private email accounts are public record if they involve official business under Indiana's Access to Public Records Act. In the Advisory Opinion in Formal Complaint 14 -FC -199 issued on October 8, 2014, he noted that "when a public official avails himself to any communication medium, whether it is phone, email or text message, he is availing himself of the Indiana access laws when communicating in his official capacity... the public official is basically on the honor system to either produce the requested emails or identify an APRA exception to disclosure... the best transparent practice would be to implement a policy where email communication on private accounts dealing with public business is considered potentially disclosable public record. Ordinance Amending SBMC Creating New Section 2 -9.1 Page 3 V. No accessing of inappropriate sites including but not limited to adult content, online gambling, daring services and online shopping vi. No accessing sites which promote illegal activities, trademark and copyright violations vii. No accessing sites that distribute computer security exploits (hacking sites) 3. If any of the above - listed prohibited uses are required for a legitimate government reason, an exception process must be followed. 4. No Expectation of Privacy: Nothing in this sub - section confers an individual right or should be construed to provide an expectation of privacy. The provisions of the Indiana Open Door Law codified at Indiana Code § 5- 14 -1.5 and the Indiana's Access to Public Records Law codified at Indiana Code § 5 -14 -3 govern. 5. Further Responsibilities: Each Council Member is expected to: i. Monitor personal use of the internet, messaging and other applications to ensure that the City of South Bend is being appropriately served ii. Adhere to the policies and procedures addressed herein iii. Read and adhere to any additional policies and procedures developed by the Council's Information and Technology Committee 6. Exception Process: Exceptions to these policies and procedures must be requested in writing to the Chairperson of the Common Council's Information and Technology Committee. All exceptions must be documented in writing and retained according to existing schedules. Exceptions may be granted on a limited -rime basis only. 7. South Bend Municipal Code: All governing policies codified in Chapter 2 of the South Bend Municipal Code addressing the Common Council shall be adhered to when using such technology resources. (c) Facebook Standards. Facebook is a social networking site which is operated worldwide by Facebook, Inc. The company builds tools which are designed to enable its users to connect, share and communicate with others. Facebook is being used by businesses and governmental entities to help promote communication on various activities, events, projects and programs. The Council's Facebook page is designed to drive traffic to the City's website and to inform more people about the City Council. The following policies and procedures are to be used in conjunction with all other policies and procedures addressed in this Section. 1. Initial Requirements: When a Council Member determines that he or she has a government need for a Facebook account, the Council Member shall be required to submit a request to the Ordinance Amending SBMC Creating New Section 2 -9.1 Page 4 Council's Information and Technology Chairperson. Once approved, the Council's Information and Technology Committee (ITC) Chairperson, will create the boilerplate business page for the requesting Council Member, with the City's IT Division being available for back -up assistance. The primary contact person shall be the Council's ITC Chairperson, with the City's IT Division being the primary back -up for assistance. Applications shall not be added to a City Facebook site, without prior approval by the IT members designated herein. All City providing branding images must meet the City of South Bend, Indiana branding standards. 2. Content: Type of "Pages" i. The Council's ITC Chairperson, with the City's IT Division being the primary backup, may create "Pages" in Facebook, not "Groups ". Facebook "Pages" offer distinct advantages including greater visibility, measurability and customization. Community pages maybe accepted as is unless there is a copyright/trademark issue or concern. ii. For "type" description, choose "government ". Boilerplate Requirements: i. The IT members designated in these policies and procedures will standardize and provide the Facebook page's image, consisting of a picture and the City's official logo or seal. ii. Each Council Member may include a brief welcome and biography of himself/herself as it relates to publicly serving on the Common Council on the Wall Page and send users first to the Wall to connect to the freshest content. Boilerplate policy text regarding public disclosure and comments must be created using the FBML static page application. A City boilerplate disclaimer statement must follow the introductory statement which shall read as follows: "(Name of Council Member) is a member of the South Bend Common Council. This site is intended to serve as a mechanism for communication between the public and the Council Member on listed topics. Any comments submitted to this page and its list of fans are public records subject to disclosure under the State of Indiana's Access to Public Records law codified at Indiana Code § 5 -14 -3. All public disclosure request must be directed to the of South Bend's Department of Law" Ordinance Amending SBMC Creating New Section 2 -9.1 Page 5 iii. If comments are turned on in very limited situations, the Wall page must include a link to a Comment Policy tab with the following disclaimer: "Comments posted to this page will be monitored. Under the City's blogging policy, the City of South Bend reserves the right to remove inappropriate comments including but not limited to those which have obscene language or sexual content, threaten or defame any person or organization, are of a political nature, promote illegal activity or violate any local, state or federal laws ". Users will be encouraged to contact a Council Member directly rather than having "give and take" comments; and shall be directed to www.southbendin. gov for more information. Link to the City of South Bend: A link to the City's website located at www.southbendin.gov must be included on the Info page. ii. Common Council Member pages should be page favorites of other City Facebook pages. Page Naming: Page name must be descriptive of the Council Member ii. Each participating Council Member shall choose carefully with consideration for abbreviations, slang iterations, etc. iii. The IT members designated in these policies and procedures shall review and approve qualifying proposed names which meet the City's policies and procedures. Page Administrators: i. A successful Page requires "babysitting ". The Common Council President shall be the Public Information Officer (PIO) with the Information and Technology Committee Chairperson and the City's IT Division being the immediate back -ups. The PIO shall be responsible for monitoring the Facebook page(s). Posts should be approved by the PIO or a designated back -up. The PIO is responsible for making sure that content is not stale and taking appropriate action thereafter. Ordinance Amending SBMC Creating New Section 2 -9.1 Page 6 ii. Each participating Council Member shall be an Administrator of their Facebook page. All postings must include a by -line of the Council Member posting. The PIO has the right to remove any inappropriate postings. iii. The City of South Bend reserves the right to have additional Administrators to oversee compliance with these policies and procedures. Comments and Discussion Boards: Style: i. Comments to the Wall generally will be turned off, but may be allowed only on a case -by -case basis upon the request of a Council Member and approved by the IT members designated in these policies and procedures. Discussion Boards shall be turned off. i. City of South Bend Facebook pages will be based on a template that includes consistent City branding. Only the IT members designated in these policies and procedures will be able to provide requesting Council Members with the template. ii. Council Members may be required to attend a training session prior to any Facebook page being developed, and additional training sessions as changes to this technology evolve. iii. Council Members are required to use proper grammar and standard AP style, avoiding jargon and abbreviations. Facebook is more casual than other communication tools however, Council Members still represent the City of South Bend at all times, and the highest standards of professionalism and decorum are expected and required. Applications: i. There are literally thousands of Facebook applications. Common applications can allow users to stream video and music, post photos, and view and subscribe to RSS feeds; and while many may be useful to the Page's mission, many can cause clutter and security risks. Ordinance Amending SBMC Creating New Section 2 -9.1 Page 7 ii. An application shall not be used unless it serves a governmental purpose, adds to the user experience, comes from a trusted source and is approved by the IT members designated in these policies and procedures. iii. An application may be removed at any time by the City if there is significant reason to believe that it is causing a security breach or is spreading viruses. Archive: Any additional protocols developed by the City of South Bend must be complied with in conjunction with a City -wide designated City e -mail account designated for each Council Member. ii. Content which cannot be retrieved from Facebook via the API and is required to be retained as a record will be required to be printed and maintained in accordance with the City of South Bend's records retention policies. (d) Social Media and Social Networking Policies and Procedures. The many forms of social media are ever - changing. The following policies and procedures shall govern all Common Council Members when using social media and social networking sites, regardless of whether such usage is in an official capacity as an elected official or privately in a non - official personal use. These policies and procedures shall govern when such usage is on any and all city -owned technologies and any and all privately -owned technologies. The following policies and procedures are to be used in conjunction with all other policies and procedures addressed in this Section. Responsibility and Consequences: If a Council Member has a question with regard to the usage of social media and /or social networking, he /she shall contact the Public Information Officer (PIO) for the Council. Each participating Council Member takes responsibility for conversation(s) he or she starts, with the Council Member being ever mindful of the fact that his or her actions online reflect on his or her integrity as a Council Member, the entire Common Council, and the City of South Bend, Indiana. 2. Identity, Signature and Timestamp: All participating Council Members must identify one's self and sign his or her post or at a minimum leave one's initials to the Common Council Facebook page or any other authorized social media formally established by the Council. Council Members must identify himself or herself and make clear from whom any social media statement is originating. Council posts must clearly show when the information was published; and if the form of social media does not automatically include a time stamp, he or she must then use a template indicating the date and time. Example "11/01/14,1:35 p.m." Ordinance Amending SBMC Creating New Section 2 -9.1 Page 8 3. Photo /Video Release Form and Use ofimages: If a Council Member decides to post an image(s) to social media, he or she must not violate any copyright, trademark, logo or governing City of South Bend branding policies. Any photo /video /image considered to be obscene or offensive is prohibited to be posted. 4. Disclaimer: If a Council Member's public content online is relevant to the City of South Bend, he or she must clearly communicate that he or she is communicating on behalf of himself or herself and not the City of South Bend. Participating Council Members shall include the following statement "The views expressed on this site (or in this post) are one's own and do not necessarily represent the positions of the city, its officers or officials, strategies or opinions ". 5. Compliance with Applicable Laws and Policies /Procedures: Each Council Member who decides to use social media is responsible for complying with all applicable federal, state, county and city laws, policies and procedures. 6. Emergencies and Official City Business: For official statements published by the City of South Bend and during all emergencies, all social media contact and postings must be coordinated with the City of South Bend Director of Communications, as part of its Emergency Support Function. Depending on the type of incident /declared emergency, publishers may be directed to point to special social media sites that will serve as the main source(s) of information, which in such circumstances may be directed by the Emergency Management Agency. In such instances, Facebook Share or retweet Council or City information to fans /followers maybe done as needed in order to ensure message accuracy and consistency. 7. Assume that Everything One Writes On Line Will Become Public: Each Council Member should always operate on the assumption that everything is visible to everyone. Participating Council Members shall log out of Facebook when shutting down a computer to minimize hacking in your name. Council Members are required to monitor what other people post to their page and monitor what photos people tag where a Council Member appears in a photo. Council Members are required to protect confidential information. 8. Post Only Legally Accurate Information: Participating Council Members must comply with the State of Indiana's Open Meeting law and Public Records law. Therefore posts regarding official City of South Bend business shall always be in compliance with such laws protecting confidential material and be in compliance with copyright, trademark, logo and branding laws, policies and procedures. Links may be made to sources or statements as references to ensure accuracy. Posts should be informative and based on sustainable facts which can be verified. Consider and verify all sources BEFORE Ordinance Amending SBMC Creating New Section 2 -9.1 Page 9 posting. Content gathered online is subject to the same attribution rules as other content. Council Members shall proofread all posts for grammatical and spelling errors in addition to verification of the accuracy of the information to be posted. 9. Attribution: In the event that a Council Member decides to publish an email or other message he or she has received from a reader, the Council Member must be clear in his or her post that the email or message is from another person and that the words are not the words of the Council Members. BEFORE such a post is made, the Council Member must check the accuracy of the comment before republishing. 10. Honesty and Being Straightforward: All posts must be accurate and must avoid being misleading in any way. Posts should be presented as being brief, accurate and to the point. If a Council Member is alerted or discovers that a post which he or she made may be misleading, that Council Member must correct the post as soon as possible. 11. Encourage Readers to Contribute: Council Members may encourage multiple perspectives, additional knowledge and expertise which should be properly and respectfully acknowledged. 12. Always Be Respectful: Posts may encourage comments of opposing ideas. Responses shall be carefully considered in light of how such responses reflect upon the individual Council Members, the Common Council and the City of South Bend, Indiana. Disruptive behavior shall never be rewarded by a participating Council Member. Council Members have the duty and responsibility to report any such instances as consistent with these policies and procedures in a respectful manner. 13. Embracing Social Media is a Risk -Based Decision. Each Council Member who individually decides to participate in using social media acknowledges the principle that this is a "risk -based decision "? 14. Defamatory Personal Attacks Prohibited: Postings shall never include profane or defamatory personal attacks of any type. No Council Member shall post in a defamatory or unprofessional manner especially when a person's post is critical to a Council Member. 2 Guidelines for Secure Use of Social Media by Federal Departments and Agencies, prepared by the Information and Security and Identify Management Committee (ISIMC), Network and Infrastructure Security Subcommittee (NISSC) and the Web 2.0 Security Working Group (W20SEG) (p. 6, 2009) noted that "The decision to embrace social media technology is a risk -based decision not a technology based decision... in order to defend against rapidly evolving social media threats, departments and agencies should include a multi - layered approach in a risk management program, including risks to the individual, risks to the department or agency, and risks to the federal infrastructure ". Ordinance Amending SBMC Creating New Section 2 -9.1 Page 10 15. Participation and Endorsements: A Council Member who participates in an online group should be aware that such participation may be seen as endorsing such views. Council Members shall be aware decide to observe in a group's activities or become a member thereby being governed by all rules of professional conduct. 16. Transparency and Requirement to Correct Mistakes: Council Members are responsible for being transparent. If a Council Member has a personal interest it must be declared. Transparency includes declarations of affiliations, perspectives or previous coverage of a particular topic or individual. All conflicts of interests are specifically governed by the Council's regulations addressed in the South Bend Municipal Code and Indiana Code § 35- 44.1 -1 -4 addressing conflicts of interest. Council Members shall be open about their mistakes. Council Members have a duty to issue a correction in a timely manner to any post which was posted incorrectly or contained mistakes regardless of what means of communication was used. 17. Integrity is a Core Value: Ethical principles do not change in differing media. The standards which govern behavior and activities as Council Members addressed in Chapter 2 of the South Bend Municipal Code apply online and offline.3 18. Compliance With All Governing Laws, Policies and Procedures. Any Council Member who decides to use social media or any form of social networking is responsible for complying with all of the governing regulations set forth in this Section of the South Bend Municipal Code, and all other City policies and procedures, and applicable state and federal laws. (e) Violations. The Council recognizes that public confidence in the integrity of the Common Council and its elected Common Council Members is essential to the exercise of good government. Therefore any Council Member allegedly violating this Section shall be timely reported to the Office of the City Clerk on a form available from that Office. Upon receipt, the Office of the City Clerk shall send said verified form to the Council Member alleged to have violated this section. The Office of the City Clerk shall simultaneously send the verified form to the Information and Technology Committee and the City's Human Resources Director for a review of whether the allegation is sustainable and send their recommendation(s) to the Council Rules Committee. Upon receipt of said recommendation(s), the Council Rules Committee shall have the limited authority to accept or deny said finding regarding the allegation(s). A majority vote of the voting members of the Council Rules Committee shall be required to implement the following disciplinary action: a moratorium of all social media ranging from a minimum of three (3) months to a maximum of the remainder of the term of office of the Council Member. Each sustained 'Security Working Group (W20SEG) (p. 6, 2009) noted that when a person decides to embrace social media technology, risk mitigation should include policies which "...focus on user behavior, both personal and professional ". 4 Violations of Section 2 -9.1 of the South Bend Municipal Code shall be exclusively governed by this paragraph and Indiana Code § 36- 4 -6 -6. Ordinance Amending SBMC Creating New Section 2 -9.1 Page 11 violation shall be subject to a public reprimand, in light of the fact that usage privileges of any city -owned technologies or posting privileges to the Common Council Facebook page are public postings, and that social media is public. 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. Tim Scott, 1' District Council Member Information & Technology Committee Chairperson South Bend Common Council Karen L. White, Council Member at Large South Bend Common Council Derek D. Dieter, Council Member at Large South Bend Common Council Gavin Ferlic, Council Member at Large Information & Technology Committee Vice - Chairperson South Bend Common Council Office of the City Clerk O YHSPl7/ «/by 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 Ordinance Amending SBMC Creating New Section 241 Page 12 me on the _ day Pete Buttigieg, Mayor City of South Bend, Indiana I a REMDING PUBLIC HEAPING 3 rd READENG NOT APPROVED REFERRED PASSED 2014, at_ o'clock .m. Filed 5:_ Ace 19 U14 v. CITY CL ER s;,• 3ridD,lfl Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 November 12, 2014 Members of the South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Re: Polices and Procedures Governing City-Owned Technologies, Facebook Standards, Social Media and Social Networking Dear Council Members: Henry Davis, Jr. We are pleased to introduce the attached ordinance which would formally Second District incorporate policies and procedures governing City -Owned Technologies, Facebook Standards, and Social Media and Social Networking into the South Bend Valerie Schey Municipal Code as new Section 2 -9.1. Third District Fred Ferlic The Common Council has had in effect since early 2013, two (2) interim policies Fourth District which address city -owned technologies and Facebook Standards. Those policies were implemented when the Ipads were rolled out for the Council. Supplemental David Varner social media and social networking policies were shared with the Council in June Fifth District of this year, with ongoing input and research taking place thereafter. Oliver J. Davis Proposed new Section 2 -9.1 incorporates "best practices" in each of these areas. Sixth District Our research reviewed many municipal policies which have been used by various offices. We also reviewed policies used by the federal government. For example, Derek D. Dieter it was noted that: At Large Gavin Ferlic • "It is critical that social media tools be accessed and used in a responsible At Large manner" (November 18, 2010 DOI Social Media Policy, pg. 2) Karen L. White . `By exercising discretion and common sense when employing social media for At Large professional or personal purposes, you will help assure that their great potential is fully realized without inadvertently compromising our professional, legal, or ethical standards... remember that standards of ethical behavior and other ethics policies are applicable" (November 18, 2010 DOI Social Media Policy, pg. 4) The Council Information and Technology Committee has had multiple discussions on the fast - changing landscape of the Internet and online communications with the public. As technology advances, the policies and procedures will be reviewed on Cover Letter to Ordinance Creating SBMC § 2.9.1 November 12, 2014 Page 2 an ongoing basis, so that as a broader audience is reached the professionalism expected of the South Bend's elected legislative members will also be advanced. The proposed ordinance also provides that all of the proposed policies and procedures would be supplemental to the State of Indiana's laws governing Open Meetings and Public Records. As changes are made to those state laws, updates if necessary, would be made to our local ordinance regulations. We have collaborated with the City of South Bend's Human Resources Director and the Information Technology Division so that the proposed policies represent the latest and best possible practices. We request that this ordinance be referred to the Information and Technology Committee and that it be set for public hearing, 2nd and 3rd readings at the Monday, December 8, 2014 Common Council meeting. We seek your support of this ordinance. Thank you. Most sincerely, Ti tr , cott, st stris 6QSImber InfOl7rlat101] Technolnuv CornmlttP..P. C'hnirnrrenn South Bend Common Council Karen L. White, Council Member at Large South Bend Common Council Derek D. Dieter, Council Member at Large South Bend Common Council Gavin Ferlic, Council Member at Large Information & Technology Committee Vice - Chairperson South Bend Common Council Attachment cc: Office of the City Clerk Mayor Pete Buttigieg Janet Cadotte, Human Resources Director Shawn Delahanty, Interim Director of Information and Technology B-M � ox � I—ly ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $600,000 FROM GENERAL FUND ( #101), $45,000 FROM ECONOMIC DEVELOPMENT STATE GRANT FUND (#210),$280,000 DEPARTMENT OF COMMUNITY INVESTMENT FUND (#212),$50,000 FROM HUMAN RIGHTS GRANT FUND (#258),$20,000 FROM HAZMAT FUND (#289),$3,184 FROM HALL OF FAME DEBT SERVICE FUND (#313),$5,038 FROM CUMULATIVE CAPITAL IMPROVEMENT FUND ( #407) AND $1,448,174 FROM EMPLOYEE BENEFITS FUND ( #711). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2014 operating and capital budgets in 2013 (Ordinance #10264 -13, passed October 30, 2013) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2014 and set apart within the following designated funds for expenditures as follows: Fund Amount General Fund ( #101) $ 600,000 Economic Development State Grant Fund ( #210) 45,000 Department of Community Investment ( #212) 280,000 Human Rights Grant Fund ( #258) 50,000 HazMat Fund ( #289) 20,000 Hall of Fame Debt Service Fund ( #313) 3,184 Cumulative Capital Improvement Fund ( #407) 5,038 Employee Benefits Fund ( #711) 1,448,147 TOTAL 2.451.396 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. b�G Lt-i Member of the Common Coun it Attest: City Clerk I P.EAD,NG II-4 -4 PUBLIC HEAR!NG 3 rd READiiN''G NOT APPROVED REFERRED PASSED Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of 2014 at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. , 2014 at Mayor, City of South Bend, Indiana Filch !i CBePtc'"` < _ -- 4 014 ; , _ill, IN Fated in Qlaml', UeriCe l --]I.Y4tf G h014 CITY CL ER zteti IN Q v m N m a aaaa 5 2222 - °oao8 ° of - x E� VUUU - y Y nv nmao � IQI v .� V Y _ d O�LB V O a_ Q �IM c U 0 O N D '`2'r N° OoON O q nc c N I r0 _ C V N E �C9 C7 V'Q m YI v A om cm UP, Sxxxm N- Bit o-v EN mtn 61_ i a m a 6 N �d d CEO a� .O'o !zzzzN 1000° NUION w ooe q 0Ne NyN OO r0 oe 00 O O�Nb =UN__ c m�w0� cO__ eeI INN ryo 1000 N..I o02 C?�n"94TH 9 m1 Ani lolO. U a m o E I`P oY 40 44 4141 ,NO�m 0 �4 4' lol 44 im m �F I �_ _ w Y q v 0 � u c Iq �,5 'IE I j 1 L z �ZN I 1 I ICI I u� 6 �U' Ny 5� LLN 3 Ioi2 LL N LLN Ql d U' O N ro INI 2 z N 1 f Ial- E 1_ nUL I tinOw .n I I T— IIL pl C9I OI 1 .01 I v El I I E E� __ i A C Z L E EE E C E z c vC E E' S�a 1 c p ac a E E m v c >> IY mr� m lily E c w i=1x' ' o'o Fated in Qlaml', UeriCe l --]I.Y4tf G h014 CITY CL ER zteti IN Q v m N m a 120ON COUNTY -CITY BUILDING 227W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 Fax 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 18, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: December 2014 Appropriation Ordinance – Civil City Funds Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods— March, July and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I" reading on November 24, 2014 with 2" d reading, public hearing and 3`d reading scheduled for December 8, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact meat 574- 235 -7678. S ds, . . Murphy City Controller CC: Pete Buttigieg, Mayor Kathryn Roos, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller 19 2014 Cfii a , W ox� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $244,500 FROM SOLID WASTE FUND (#610),$168,094 FROM SEWAGE CAPITAL FUND ( 4642), $6 FROM 2007 SEWER BONDS FUND (#647),$200 FROM SEWAGE WORKS SINKING FUND (#649),$2,221 FROM 2010 SEWER BOND FUND ( #658), AND ($19,100,000) FROM 2013 SEWER BOND FUND ( #663). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2014 operating and capital budgets in 2013 (Ordinance #10265 -13, passed October 30, 2013), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2014 and set apart within the following designated funds for operational expenses as follows: Fund Amount Solid Waste Operations Fund ( #610) $244,500 Sewage Capital Fund ( #642) 168,094 2007 Sewer Bond Fund ( #647) 6 Sewage Works Sinking Fund ( #649) 200 2010 Sewer Bond Fund ( #658) 2,221 2013 Sewer Bond Fund ( #663) (19.100.000) TOTAL 018.684.9791 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk Member of the Common Coun f1:lm, f'.'!A� VYUkI G"I v: A lssua, Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. , 2014, at Mayor, City of South Bend, Indiana Filed III -_ �4014h 1 st READING `� PUBLIC HEARING L__„,,.�, 3 rd READING J CITY C«Rtt c NOT APPROVED r itdq� del REFERRED "" " —^--- PASSED Filed i n m n I a 5 � n 3 r � a � of - ° E U @1 a c Z m E ° EEEE ci uci � h S E c 00 0�m @I j 00 5 -05O- p �ca d� 55 m g 16 i5 € -__= -- LL oa °ccic p 3 a �ma dd w I'3na g O .�d y LLN �00 frrf 000$0 1pgl- �q $e QNpp $O'$O p241 fn w;yl °I m -Ii6u 000c' ' EK �o mEu mry �- m d a:! o 2�`caZ C1 �'O C� NN Nhhh � ! N lip Q q E Y Y 4Y.o of 4 I n m m17 Y ~ z' Min w G a O iN=N LNNN�N m m m Im I __ C z _q ' �' Y Y Y YY Y Y Y 'C YY Y w I i LL O I I� I wI I'm I ¢,$o Ej 111I_ 'i Of O - Io�o 31313 _I I3 3 13.313 31 „I 3 3, I °w° Im'w I of fl I E Z 9 o y NO] O mzz0mf0 O 0 s wNN � mm w Ommm aaa ; Filed i n m n I a 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 18, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 . RE: December 2014 Appropriation Ordinance – Enterprise Funds Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods— March, July and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on November 24, 2014 with 2 "d reading, public hearing and 3`d reading scheduled for December 8, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, J H. Murrph? City Controller CC: Pete Buttigieg, Mayor Kathryn Roos, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller frlEEii in. .. ...._ 'ice 7Q Z014 CITY I`IOViT: ?" C_ER1L eD,3N 6 / E (Il(P () -�s -(y ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10264 -13 and #10265 -13 passed on October 30, 2013) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2014. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council anly to )! `i!,sa an and Coma aCiw Ion -b IaS1i9, Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock—. m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. 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Y YIYI � OI LLU a I �Ii ImI , I � I m ii'�I Ind glen Ig'_; 'E,w w1 a � h urc A -mm�w rcli �rc1t .f E m rotiE m'Em E vQI E �m U. n Iml me I 3�mj n2EUNNLL_612 c IW ma ¢r = 1 ' WI KK33 m_13 .On K RE w 015 0 0100 0 . mlm _ _ naa'aanan ! �mm Ir II j �.1 II LL _ __ o °o -- LLLL LL'.LL NJF —NNN 3333133333 m °m °m °of Slml amainnada im°win I Filed k`4 " `rlfisF� F 2 M4 p E `m CITY CLEF L O 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAx 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 18, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 41h Floor South Bend, Indiana 46601 RE: December 2014 Budget Transfer Ordinance Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods — March, July and December. Based on our budget review, we are submitting the enclosed ordinance for transfers between various departments and cost categories within the same funds for your consideration. No additional appropriation is requested in this ordinance. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 151 reading on November 24, 2014 with 2"' reading, public hearing and 3`d reading scheduled for December 8, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Rega ds, J H. M ity Controller CC: Pete Buttigieg, Mayor Kathryn Roos, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller File; i 19 4014 CITYCE_EWk, 10)'"lier:VIOMM03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1430 MISHAWAKA AVE, COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT REZONE TO ALLOW FOR AUTO REPAIR NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: THE NORTH 62.5' OF LOT 77 & WEST 8.7' OF LOT 76 OF EUCLID PARK ADDITION be and the same is hereby established as CB Community Business District SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Co cil Attest: City Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the day of m. ts, PkEADING P! BLK [ :RING 3 rd READING NOT APPRQ.VED REFERRED . \-.. P– k0 –(3—f PASSED, City Clerk day of , 20 , at o'clock Mayor of the City of South Bend, Indiana Fifes! in Gtarki Office CITY CLERHK, SOOUTH ®END, IN PETITION TO REZONE City of South Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1430 Mishawaka 2) The property Tax Key Number(s) is /are: 18- 6024 -3703 3) Name and address of property owner(s) of the petition site: G Family Properties 51820 Deer Trail Granger, IN 46350 574- 208 -730 Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: Name Address City, State Zip Code Phone number with Area Code E -Mail Address Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: LB Local Business District N/A To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Auto Repair 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Santos Rios 421 S 300 E LaPorte, IN 46350 or`ignature of Attorney for all property owner(s): in o<prfi .',s JOHN VOORDE CITY MERK, SOUTH PEND, IN C LAWRENCE MAGLIOZZI EXECUTIVE CUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571 Wednesday, November 19, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of G Family Properties to zone from LB Local Business District to CB Community Business District, and seeking the following three variances: 1) from the required 20' front setback for parking to 0; 2) from the required 7 parking spaces to 2; and 3) from the required Type B: partial screening on the south property line to a 6' privacy fence, property located at 1430 Mishawaka Avenue, City of South Bend - APC# 2726 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of G Family Properties was legally advertised on Thursday, November 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, November 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of G Family Properties to zone from LB Local Business District to CB Community Business District, property located at 1430 Mishawaka Avenue, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The site has been commercial for many years and is part of the larger Mishawaka Avenue commercial strip. The rezoning will allow an adaptive reuse of the site consistent with the other commercial uses in the area. 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. Sincere, Lawrence P. Magliozzi Attachment CC: G Family Properties Santos Rios IAy ge47 SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WW W. STIOSEPXCOVNTYIN D'ANA.C.MIAREAPLAN Staff Report 11/6/2014 APC # 2726 -14 Owner: G Family Properties Location: 1430 Mishawaka Avenue Jurisdiction: City of South Bend Public Hearing Date: 11/18/2014 Requested Action: The petitioner is requesting a zone change from LB Local Business District to CB Community Business District and three variances. Land Uses and Zoning: On site: On site is an existing commercial structure. North: To the north across Mishawaka Avenue are single family homes zoned SF2 Single Family & Two Family District and a gas station zoned CB Community Business. East: To the east is a commercial building zoned MU Mixed Use District. South: To the south is a single family home zoned SF2 Single Family & Two Family District. West: To the west across Clover Street is a commercial building zoned LB Local Business District. District Uses and Development Standards: The CB - Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site Plan Description: The site is approximately a 4,000 square foot lot with an existing 1,300 square foot building. The existing building has 2 service bays that front Mishawaka Avenue. The remainder of the lot is paved. Due to the size of the lot and room for drive aisles, the petitioner is seeking a variance from the required 7 parking spaces to 2 spaces. The parking shown on the aerial photograph that extends in to the public right -of -way is not permitted without special approval by the Board of Public Works. There is an existing 6' privacy fence separating this property from the single family home to the south. The petitioner would like to maintain this fence in place of the required Type B: Partial Screening required. Zoning and Land Use History And Trends: Mishawaka Avenue has historically been a mix of commercial and residential uses. The site was previously a gas station and has operated with auto oriented uses even after the removal of the gas pumps. APC # 2726 -14 Page 1 of 3 Staff Report 11/6/2014 2) from the required 7 parking spaces to 2; and 3) from the required Type B: partial screening on the south property line to a 6' privacy fence. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use 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 that the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the variances. Analysis: The site has been commercial for many years and is part of the larger Mishawaka Avenue commercial strip. The rezoning will allow an adaptive reuse of the site consistent with the other commercial uses in the area. APC # 2726 -14 Page 3 of 3 rvru iu 0 U Mishawaka Rezoning from: "LB" LOCAL BUSINESS DISTRICT to "CB" COMMUNITY BUSINESS DISTRICT N MASTER ZONING KEY w e ® SOUTH BEND "SF2" SINGLE F.Alvl ILY.AND TWO F.AIeIILY DISTRICT S SOUTH BEND"IvIU" MIXED USE DISTRICT 1 inch = 50 feet SOUTH BEND '113" LOCAL BUSINESS DISTRICT e� SOUTH BEND "CB" COIvI1vIUNITY BUSINESS DISTRICT APC # 2726 -14