Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02-09-15 Agenda, Packet and Committee Meeting Notice
Office of the City Clerk JOHN VOORDE, CITY CLERK February 5, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday. February 9. 2015, in the Council Informal Meeting Room, 41h Floor County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana: 3:30 P.M. COMMUNITY RELATIONS KAREN L. WHITE, CHAIRPERSON 1. Organizational Meeting 3:45 P.M. HEALTH & PUBLIC SAFETY DEREK DIETER, CHAIRPERSON 1. Bill No. — 59 -14 —Amend the South Bend Municipal Code Addressing Vacant Building Maintenance and Registration 2. Organizational Meeting - Discussion 4:05 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. No. 15 -10 — Approve a lease between Redevelopment Commission and the Redevelopment Authority to execute bonds of $25 million 2. Organization Meeting - Discussion 4:35 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Presentation from Larry Magliozzi, Executive Director of the Area Plan Commission on 2105 Work Program 2, Organizational Meeting - Discussion 5:00 P.M. PUBLIC WORKS & PROPERTY VALERIE SCHEY, CHAIRPERSON VACATION 1. Organizational Meeting 5:10 P.M. RESIDENTIAL NEIGHBORHOODS DEREK DIETER, CHAIRPERSON 1. Organizational Meeting 5:20 P.M. UTILITIES DR. DAVID VARNER, CHAIRPERSON 1. Organizational Meeting 455 County -City Building. 227W Jefferson Blvd. South Bend. Indiana 46601 . 574/235 -9221 . Fa 574235 -9173 KAREEMAH FOWLER JANICE TAI.ELOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK 5:30 P.M. INFORMATION & TECHNOLOGY GAVIN FERLIC, CHAIRPERSON 1. Organizational Meeting Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Information & Technology Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Interviews for the appointment to the Redevelopment Commission 3. Update and Announcements 4. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS: Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, FEBRUARY 9, 2015 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS MAYOR'S ANNUAL ADDRESS ON FINANCES AND GENERAL CONDITION OF THE CITY TO THE CITY COUNCIL PURSUANT TO SECTION 2 -3.1 OF THE SOUTH BEND MUNICIPAL CODE 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 59 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION 8. BILLS, THIRD READING TIME: BILL NO. 59 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION 9. RESOLUTIONS. BILL NO. 15 -07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 4315 S. LAFAYETTE BLVD. SOUTH BEND IN 46614 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HERAEUS KULZER LLC 15 -08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 5021 NIMTZ PARKWAY, SOUTH BEND IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR REAL PROPERTY TAX ABATEMENT FOR THE FOSTER GROUP, LLC 15 -09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 5021 NIMTZ PARKWAY, SOUTH BEND IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MGE WHOLESALE INC 15 -10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PROPOSED LEASE FOR CERTAIN LOCAL PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY, AS LESSOR, AND THE SOUTH BEND REDEVELOPMENT COMMISSION, AS LESSEE, THE ISSUANCE OF LEASE RENTAL REVENUE BONDS BY THE SOUTH BEND REDEVELOPMENT AUTHORITY AND OTHER RELATED MATTERS 10. BILLS, FIRST READING RTT,T, Nn- 05-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ADDRESSING RESIDENTIAL COMPOSING REGULATIONS 06 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3408 ARDMORE TRAIL AD THE VACANT PARCEL WEST OF AND ADJACENT TO 3408 ARDMORE TRAIL, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 07 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NW CORNER OF NORTHSIDE BLVD, NOTRE DAME AVENUE AND FRANCES STREET COMMONLY NOW AS TRANSPO SITE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS UPDATES ON PRIVILEGE OF THE FLOOR FORMS, 15 -01, 15 -02, 15 -03 AND 15 -04 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. Substitute Bill No. 59 -14 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION STATEMENT OF PURPOSE AND INTENT On November 26, 2007, the South Bend Common Council passed Ordinance No. 9810 -07. That ordinance created city -wide regulations addressing the registration and maintenance of vacant and abandoned buildings. In 2007, the City of South Bend initiated a three -year program costing $6.825 million to reduce the City's vacant houses by more than 115 and to reduce abandoned houses by 27 %. On February 27, 2013, the "Vacant & Abandoned Properties Task Force Report" was released with Mayor Pete Buttigieg called for 1,000 houses to be addressed in 1,000 days. A combination of rehabilitation and demolition activities has been ongoing. The original version of this ordinance was filed on October 21, 2014, and it was noted that as of date 606 properties had been addressed. The Department of Code Enforcement has reported that 930 properties have been mailed vacant and abandoned registration letters as of August 2014, summarized as follows: 248 (27 %) were sent to out of state owners; 225 (24 %) were sent to various forms of companies; 26 (3 %) were sent to banks; 32 (3 %) were sent to land trusts; 16 (2 %) were sent to various forms of non -profit corporations; with the remainder being federally - owned. The ongoing costs to the City of South Bend for implementation and enforcement of this program continue to increase. Therefore, the following fee adjustments are believed to be in the best interests of the City of South Bend, Indiana. ✓.� �; G /er u�. r t idaiiime'l/ /i/e iJIIyelne97 Section I. Section 6- 37.1(h) of Chapter 6, Article 8 of the South Bend Municipal Code is hereby amended to read as follows: (h) Registration Fees. (1) The owner of any building required to be register under this section shall pay an annual registration fee to the Department of Code Enforcement upon registration. However, the owner of a building that is vacant but not abandoned within the meaning of this section, who voluntarily registers the building pursuant to Subsection (d)(3), is not required to pay a registration fee. (2) If the building is used for or zoned for residential purposes and contains not more than three (3) residential units the registration fee shall be fifty . dollars ($50 -�v0) three hundred dollars per year. Ordinance Amending Vacant Building Maintenance and Registration Regulations Page 2 (3) If the building is used or zoned for residential purposes and contains more than three (3) residential units, or if it is used or zoned for any non - residential purposes, the fee shall be4we hundred and fifty dollars ($250 nn = =a =�= =Tao = =�.= -r�) five hundred dollars ($500.00) for the first year or any part thereof, three hundred and seventy five a tlar— s! Ordinance Amending Vacant Building Maintenance and Registration Regulations Page 3 John Voorde, City Clerk M!6eirlra!by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the _ day of 2015, at o'clock . m. Janice Talboom, Deputy Clerk �irc X�im,,/ by me on the _ day of 2015, at _ o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVID REFERRED PASSED i4, � Ifo lo�� The South Bend Common Council 1" District Council Member Tim Scott, Council President 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.5980 tsottno southbendin eov January 30, 2015 Members of the Common Council 4`h Floor County -City Building South Bend, Indiana 46601 Re: Substitute Bill No. 59 -14 Vacant Building Maintenance & Registration Dear Council Members: The additional time which I have had since the original filing of Bill No. 59 -14, has provided opportunities to further discuss proposed ordinance changes with the individuals who are on the front -line of implementing the City's vacant and abandoned properties regulations. The results of these collaborative efforts are set forth in the attached Substitute Bill No. 59 -14 which address improved policies & procedures. I have asked members of the Administration to join me at the Health and Public Safety Committee meeting to be held on February 9`h to highlight our recommendations. You will find additional data set forth in the "Statement of Purpose and Intent" in the Substitute Bill; refined ordinance language on page 2 of the Substitute Bill, with more detailed information on the costs incurred by the City for affected properties being further highlighted. If you have any questions prior to the upcoming Committee meeting, please do not hesitate to contact me. Thank you. ricere Tim 'St, is District Council Member Attachment cc: Brian Pawlowski Randy Wilkerson Pam Meyer Tasha Outlaw Trent Spoolstra 15 V �� RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4315 S. Lafayette Blvd, South Bend IN 46614 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Heraeus Kulzer LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4315 S. Lafayette Blvd, South Bend, Indiana, and which is more particularly described as follows: Dental equipment and supply manufacturing equipment and which has Key Numbers 71- 023 - 22494 -00 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WIiEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se A. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED NOT APPROVJU ADOPTEa Member of the Common'- Council Ci Sn ; oi3 pia Jii to �i�GS R'% ~iGV�3t ,� l�tJ ing s °Cr t k ! s ClTYG >Ed'd(;, 56.: i; +ay,lE? ; , IN RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS: 5021 Nimtz Parkway, South Bend IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR REAL PROPERTY TAX ABATEMENT FOR: THE FOSTER GROUP, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5021 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Blackthorn Industrial First Minor Sub Lot 1 11.212 ACS and which has Key Numbers 025 -1018- 062803 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION I1. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of two (2) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seo. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED NOT APPROVED ADOPTEQ Member of f16 Common Council 1ffi "s t.� U:.n sg�fll9i'3�,., I sff riled in :rlc's Office 'AN691a c: TY CLERK, Sou i ; Sa1 03 , f r-c) � RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5021 Nimtz Parkway, South Bend IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MGE Wholesale Inc. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5021 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Business personal property and which has Key Numbers to be assigned be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED 3;101, APPROVED f. JWDOPTEO Member of the Common Council Se%�t J 5 rtA is Pile%, \AVwww Filed in l.q Cti =` k rs BEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PROPOSED LEASE FOR CERTAIN LOCAL PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY, AS LESSOR, AND THE SOUTH BEND REDEVELOPMENT COMMISSION, AS LESSEE, THE ISSUANCE OF LEASE RENTAL REVENUE BONDS BY THE SOUTH BEND REDEVELOPMENT AUTHORITY AND OTHER RELATED MATTERS WHEREAS, the South Bend Redevelopment Commission (the "Commission "), governing body of the South Bend Department of Redevelopment and the South Bend Redevelopment District (the "Redevelopment District "), exists and operates under the provisions of Indiana Code 36 -7 -14, as amended from time to time (the "Act "); and WHEREAS, the Commission has previously designated and declared an area in the City of South Bend, Indiana (the "City "), known as the River West Development Area to be a an economic development area and an allocation area (the "Area ") for the purpose of collecting tax increment finance revenues, adopted an Economic Development Plan for the Area, and established an allocation fund for said Area; and WHEREAS, the Commission has been considering the need to provide for the issuance of bonds to finance the acquisition, construction and installation of certain local public improvements as part of the City's Smart Streets initiative and Westside Main Streets Revitalization Plan which local public improvements shall consist of all or any portion of the acquisition, construction and installation of the following: pavement, streetscape, and sidewalk improvements, bulb -out installation, street signage and markings, installation of bicycle facilities, road widening, intersection and traffic signal interconnection improvements, utility relocation, utility and sidewalk improvements, and installation of lighting and right -of -way improvements, all of which local public improvements are to be located along the following stretches of road: (i) Bartlett Street between Lafayette Blvd and Riverside Drive; (ii) Michigan Street between Riverside Drive and Barbie Street; (iii) Main Street between Park Lane and Barbie Street; (iv) St. Joseph Street between LaSalle Avenue and Western Avenue; (v) Lafayette Blvd between Park Lane and Indiana Avenue; (vi) Western Avenue between Michigan Street and Mayflower Road; (vii) Lincolnway West between West LaSalle Avenue and the City limits (Woodland Avenue); (viii) Marion and Madison Streets between Michigan Street and Linconlway West; and (ix) any cross streets related to the foregoing stretches and various expenses related thereto (collectively, the "Project "); and WHEREAS, on January 15, 2015, the Commission adopted Resolution 3267 approving the form of a lease to be dated as of February 1, 2015, with the Authority (the "Lease "), scheduling a public hearing on the Lease to be held on January 29, 2015, authorizing the US.55628272.01 publication of a notice of public hearing on said lease pursuant to Indiana Code § 5 -3 -1; and WHEREAS, a notice of public hearing on the Lease was published on January 16, 2015, pursuant to Indiana Code 5 -3 -1 (the "Notice "); and WHEREAS, on January 29, 2015, the Commission conducted said public hearing and all interested parties were provided the opportunity to be heard at the hearing; and WHEREAS, the Commission, at its meeting on January 29, 2015, adopted Resolution No. 3273, finding, pursuant to the Act, that pursuant to the Lease, a copy of which is attached hereto as Exhibit A, the rental payments to be paid by the Commission to the Authority pursuant to said Lease, at a rate not to exceed One Million Nine Hundred Ninety Thousand and 00 /100 Dollars ($1,990,000.00) per year, subject to reduction as set forth in the Lease, in semiannual installments beginning on the day the Project is complete and ready for use, or July 15, 2017 (or such later date as may be set forth in the Lease), whichever is later, are fair and reasonable, and finding, pursuant to Section 25.2 of the Act, that the use of the Project throughout the term of the Lease, which term shall not exceed twenty -two (22 years) and is subject to reduction as set forth in the Lease, will serve the public purpose of the City, and is in the best interests of its residents; and WHEREAS, said Resolution No. 3273 farther authorized the Secretary of the Commission to file with the Common Council of the City (the "Common Council ") an approving resolution for the purposes of said Common Council's finding, prior to the Commission's execution of said Lease, that the rental payments are fair and reasonable and that the use of the Project throughout the term of said Lease will serve the public purpose of the City and is in the best interests of its residents, and for purposes of approving the Lease; and WHEREAS, the Authority, at a meeting held on January 21, 2015, adopted Resolution No. 191, which, among other things, approved the form of the Lease, authorized the President and the Secretary- Treasurer of the Authority to execute the Lease and acknowledged that the rentals paid by the Commission pursuant to such Lease will be used by the Authority to pay the principal of and interest on lease rental revenue bonds (the "Bonds ") proposed to be issued by the Authority to finance the costs related to the Project and the Bonds; and WHEREAS, the Common Council desires to approve said Lease, pursuant to 25.2 of the Act, which provides that any lease approved by a resolution of the Commission must be approved by a resolution of the Common Council of the City, and the issuance of Bonds by the Authority, pursuant to Indiana Code 36 -7- 14.5 -19 and Section 25.1 of the Act; and THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby finds that the rental payments, as approved by the Commission, are fair and reasonable, and further finds that the use of the Project throughout the term of the Lease will serve the public purpose of the City and is in the best interests of its residents. The Common Council further finds based upon information provided by H.J. -2- Umbaugh and Associates, LLP, financial advisor to the City, that (i) the interest rates on the Bonds are expected not to exceed six percent (6 %); (ii) the term of the Bonds is expected not to exceed twenty -two (22) years; (iii) the Authority expects to capitalize interest on the Bonds for a period beginning on the date of issuance of the Bonds and extending through and including not later than February 1, 2017; and (iv) the Bonds will be subject to optional redemption by the Authority beginning on a date not later than ten (10) years from the date of issuance of the Bonds. SECTION II. The Common Council hereby approves said Lease, as approved by the Commission, pursuant to Section 25.2 of the Act, in substantially the form provided at this meeting and attached hereto as Exhibit A. The Common Council hereby approves of the issuance of the Bonds by the Authority as described herein in an aggregate principal amount not to exceed Twenty -five Million and 00 /100 Dollars ($25,000,000.00). SECTION III. This Resolution shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council % of Tm 1A is only to PMVW0 nn Wwwray fist purb "tc hOWN W Council 4W on TJS Ime, I Filed `n Office PRESENTEL)I`t CITY Ct.TL-RNI NOTAPPROVED _.... ._M_._..- ._.......__,,......... ..__,.......,. ADOPTED - 3 - 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SouTH BEND, IN 46601-1830 February 3, 2015 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT Mr. Tim Scott President South Bend Common Council 227 West Jefferson Boulevard 4u Floor South Bend, IN 46601 Dear President Scott: SCOTT FORD, EXECUTNE DIRECTOR PHONE: 574/235 -9371 FAX: 574/235 -9021 Re: Resolution Approving Lease & Terms Between South Bend Redevelopment Commission & Redevelopment Authority Attached for filing with the Common Council of the City of South Bend is a Resolution to approve the execution and delivery of a lease between the South Bend Redevelopment Commission (Commission) and the South Bend Redevelopment Authority (Authority). The purpose of the Lease Agreement between the Commission and the Authority is to permit issuance of bonds to finance the construction of local public improvements to support the City's Smart Streets initiative and West Side Main Streets Revitalization Plan. This bond is consistent with the inter- related aims of: Fiscal stewardship; Economic development; and, a Plan- driven redevelopment agenda, and will allow the City to strategically focus its resources on current priorities. The bond amount is to be $25M inclusive of all transaction costs, capitalized interest and debt service reserve fund, netting approximately $21.4M in proceeds available for projects. The term of the bond is anticipated to be repaid over 20 years, with a maximum lease rental payment of up to $1.9M peryear. The bond project consists of the planning, engineering, acquisition, construction, and maintenance of certain additions, changes, and including, but not limited to pavement, streetscape, sidewalk, bulb -outs, signal control changes, trees, signage, markings, utilities, bicycle facilities, number of lanes, lane direction, drainage, utilities, parking, lighting, and right -of -way for the following stretches of road: 1) Bartlett Street between Lafayette Blvd and Riverside Drive 2) Michigan Street between Riverside Drive and Barbie Street 3) Main Street between Park Lane and Barbie Street 4) St. Joseph Street between LaSalle Avenue and Western Avenue 5) Lafayette Blvd between Park Lane and Indiana Avenue 6) Lincolnway West between W LaSalle Avenue and the City Limits (Woodland Avenue) ASSISTANT EXECUTIVE DIRECTOR PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCES CHRIS FIELDING JUIN KAIN PAMELA C. MEYER BROCKZEEB 7) Western Avenue between Michigan Street and Mayflower Road 8) Marian and Madison Streets between Michigan and Lincolnway West. 9) Any cross streets related to the foregoing stretches. The project is scheduled to be complete by fall 2016. The bond proceeds will enable a more efficient implementation pattern with concurrent construction that will minimize traffic disruption. On January 15, 2015, the Commission approved Resolution No. 3267. This Resolution approved preliminary plans, specifications, and cost estimates; scheduled a public hearingfor January 29; authorized the publication of a notice of public hearing, which was then published January 16, 2015 according to law; and found that the project is not a controlled project for purposes of the lease approval procedures of IC 6- 1.1- 20 -1.1. On January 29, 2015, the public hearing was conducted and all interested parties were given the opportunity to be heard. At that meeting the Commission approved Resolution #3273, which authorized its President and Secretary to execute and deliver the lease; determined the annual rental payments to be fair and reasonable and that the project will serve a public purpose; and directed the Secretary to transmit to the Council a copy of the Resolution and authorized the filing with the Council of an approving Resolution. The South Bend Redevelopment Authority adopted Resolution #191 on January 21, 2015 which approved the proposed form of lease between the Authority and the Commission for the lease of the Project and for the issuance of lease rental revenue bonds of the Authority to finance the costs of the Project, including costs relating to the issuance of such bonds. Approval by the Common Council of the attached Resolution determining that the lease terms are fair and reasonable, that the project serves a public purpose, and approving issuance of bonds will enable the Commission to complete this process for the benefit of the City and its citizens. I will make the presentation of this Resolution to the Common Council at its appropriate Committee meeting and at the regular meeting. Thank you for your consideration. Sincerely, 1� Scott Ford Director, Department of Community Investment Filed In r' arkls Office FM - 3 ZQ14 .163F4k 4t w` �e `, EXHIBIT A [FORM OF LEASE] US.55628272.01 LEASE Between SOUTH BEND REDEVELOPMENT AUTHORITY and CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT COMMISSION DATED AS OF FEBRUARY 1, 2015 US.55393881.03 FEB —3 2014 a ._I JL��faa •'.; 4F '1.'';J CITY CLERK, z c, ':s. a , a4 INDEX US.55393881.03 Page Section1. Definitions ........................................................................................ ..............................1 Section2. Lease of Project ................................................................................ ..............................2 Section3. Rental Payments ............................................................................... ..............................3 Section 4. Rental Payment Dates and Amounts ................................................ ..............................3 Section5. Abatement of Rent ........................................................................... ..............................4 Section6. Net Lease ......................................................................................... ..............................4 Section 7. Nonliability of Authority ................................................................. ..............................4 Section8. Alterations ........................................................................................ ..............................4 Section9. Insurance .......................................................................................... ..............................4 Section 10. Use of Insurance and Condemnation Proceeds .............................. ..............................5 Section 11. Liability Insurance ......................................................................... ..............................6 Section 12. General Insurance Provisions ........................................................ ..............................6 Section 13. General Covenants ......................................................................... ..............................6 Section 14. Option to Purchase ......................................................................... ..............................6 Section15. Defaults .......................................................................................... ..............................7 Section16. Notices ........................................................................................... ..............................7 Section 17. Construction of Covenants ............................................................. ..............................7 Section 18. Successors or Assigns .................................................................... ..............................7 US.55393881.03 LEASE This Lease entered into as of the 1st day of February, 2015, between the SOUTH BEND REDEVELOPMENT AUTHORITY (the "Authority "), a body corporate and politic organized and existing under Indiana Code 36 -7 -14.5, and the CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT COMMISSION (the "Commission "), the governing body of the City of South Bend, Indiana, Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana (the "Lessee "), acting for and on behalf of the City of South Bend, Indiana. WITNESSETH: Section 1. Definitions. The terms defined in this Section 1 shall for all purposes of this Lease have the meanings herein specified unless the context otherwise requires. "2015 Infrastructure Project Principal and Interest Account" means the account by that name created in the Redevelopment Bond Fund by the Lease Resolution. "Act" means Indiana Code 36 -7 -14.5, as the same from time to time may be amended or supplemented. "Authority" means the South Bend Redevelopment Authority, a body corporate and politic organized and existing under the Act, or if said Authority shall be abolished, the authority, board, body, instrumentality or agency succeeding to the principal functions thereof. "Bonds" means South Bend Redevelopment Authority Lease Rental Revenue Bonds, Series 2015. "Lease" means this Lease as the same may be amended, modified or supplemented by any amendments or modifications hereof or supplements hereto entered into in accordance with the provisions hereof. "Lessee" means the City of South Bend, Indiana, Redevelopment Commission, the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, or if said Commission shall be abolished, the commission, board, body or agency succeeding to the principal functions thereof. "Lease Resolution" means the resolution of the Commission passed on 2015, establishing funds for the payment of lease rentals. "Permitted Encumbrances" means those items listed in Exhibit A hereto and any future (a) liens for taxes not then delinquent, (b) this Lease and the Trust Agreement, leases, subleases and other agreements permitted pursuant to Section 13 hereof, (c) utility, access and other easements and rights -of -way, restrictions and exceptions that Lessee certifies will not interfere with or impair the Project, (d) any mechanics', laborers', materialmen's, suppliers' or vendors' lien or right in respect thereof if payment is not yet due and payable and (e) such minor US.55393881.03 defects, irregularities, encumbrances, easements, rights -of -way and clouds on title as do not, in the opinion of the Trustee, materially impair the Authority's title or Lessee's use of the Project. "Project" means, collectively, the projects and interests in the real estate described at Exhibit B attached hereto and incorporated herein (including all right -of -way easements and leasehold interests contained therein) and improvements to be constructed thereon by the Authority or its agent, which Project is to be financed with the proceeds of the Bonds issued by the Authority and leased to the Commission, pursuant to the Lease. "Redevelopment District Bond Fund" means the Redevelopment District Bond Fund of Lessee authorized by Indiana Code 36- 7 -14 -27 and the Lease Resolution. "Trust Agreement" means the Trust Agreement dated as of 1, 2015, between the Authority and the Trustee, securing the Bonds. "Trustee" means the financial institution selected to serve as trustee pursuant to the Trust Agreement, and any successor trustee. Any term not defined herein, which is defined in the Lease Resolution or in the Trust Agreement, shall have the meaning as defined in such resolution or agreement. Section 2. Lease of Project. In consideration of the rentals and other terms and conditions herein specified the Authority does hereby lease, demise and let to the Lessee the Project: TO HAVE AND TO HOLD the same with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee for a term not to exceed Twenty-two (22) years, beginning on the date the Project is complete and ready for use, and ending on the day prior to such date at most Twenty -two (22) years thereafter. However, the term of this Lease shall terminate at the earlier of (a) the exercise of the option to purchase by Lessee and payment of the option price, or (b) the payment or defeasance of all obligations of Lessor incurred (i) to finance the cost of the leased property, (ii) to refund such obligations, (iii) to refund such refunding obligations. The date the Project is complete and ready for use shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after such completion date and such endorsement shall be recorded as an addendum to this Lease. The Authority hereby represents that it is possessed of, or will acquire, a good and indefeasible estate in fee simple or an insurable right -of -way easement subject only to Permitted Encumbrances, to the above - described real estate, and the Authority warrants and will defend the same against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee. Notwithstanding the foregoing, the Project may be modified to add additional property to the Project or remove any portion of the Project, provided, however, following such modification, the rental payable under this Lease shall be based on the value of the portion of the Project which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding Bonds. If any part of the Project shall be partially or totally destroyed, or is taken under the exercise of the power of eminent domain, so as to render it unfit, in whole or part, for use or occupancy by the Lessee, as described in Section 5 hereof, the Lessee and the Authority agree to substitute other public improvements of -2- US.55393881.03 similar value as the Project, which substitute improvements shall then constitute the Project under this Lease. Section 3. Rental Payments. (a) During the term of this Lease, the Lessee agrees to pay rental for said premises as set forth in Section 4 hereof. Such rental shall be paid from the 2015 Infrastructure Project Principal and Interest Account of the Redevelopment District Bond Fund. All rentals payable under the terms of this Lease shall be paid to the Trustee or to such other bank or trust company as may from time to time succeed the Trustee under the Trust Agreement. All payments so made shall be considered as payments to the Authority of the rentals payable hereunder. The Lessee shall receive credit for any Bond maturing within seven (7) days of the date of the lease rental payment, at the face value thereof, which the Lessee acquires and delivers to the Trustee as a part of its lease rental payment. (b) As additional rental the Lessee agrees to pay all fees, charges and reimbursement of expenses of the Trustee under the Trust Agreement and all prudent charges and expenses of the Authority incurred in the performance of its obligations hereunder. Section 4. Rental Payment Dates and Amounts. The first semiannual rental installment in the amount of Nine Hundred Ninety -five Thousand Dollars ($995,000) shall be due on the day that the Project is completed and ready for use or July 15, 2017, whichever is later. If completion is later than July 15, 2017, the first installment shall be in an amount which provides for rental at the rate of $995,000 for the semiannual period in which the Project is completed and ready for use, prorated from the date of completion until the first January 15 or July 15 following such date of completion. Thereafter such rentals shall be payable in advance in semiannual installments of $995,000 on January 15 and July 15 of each year. The last semiannual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the amount specified above for the applicable semiannual period prorated from the date such installment is due to the date of the expiration of this Lease (without taking into account any subsequent early termination of this Lease pursuant to Section 2 hereof). After the sale of the Bonds issued by the Authority to pay the cost of the acquisition of the property therefor and other expenses incidental thereto, the sum of the first and second semiannual rental installments and the sum of the third and fourth semiannual rental installments, and so on, shall be reduced to an amount equal to the multiple of One Thousand Dollars ($1,000.00) next highest to the highest sum of principal and interest due in any year ending on a Bond maturity date on such Bonds plus Five Thousand Dollars ($5,000.00), payable in equal semiannual installments. Such amount of reduced annual rental shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after the sale of said Bonds, and such endorsement shall be recorded as an addendum to this Lease. The Lessee will not take any action or fail to take any action that would result in the loss of the exclusion from gross income for federal tax purposes of interest on the Bonds pursuant to Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code "), as in -3 - US.55393881.03 effect on the date of delivery of the Bonds, nor will the Lessee act in any manner which would adversely affect such exclusion. The Lessee further covenants that it will not make any investment or do any other act or thing during the period that any Bond is outstanding hereunder which would cause any Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as in effect on the date of delivery of the Bonds. All officers, members, employees and agents of the Lessee are authorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the Lessee as of the date the Bonds are issued and to enter into covenants on behalf of the Lessee evidencing the Lessee's commitments made herein. Section 5. Abatement of Rent. If any part of the Project is taken under the exercise of the power of eminent domain, so as to render it unfit, in whole or part, for use by the Lessee, it shall then be the obligation of the Authority to restore and rebuild that portion of the Project as promptly as may be done, unavoidable strikes and other causes beyond the control of the Authority excepted; provided, however, that the Authority shall not be obligated to expend on such restoration or rebuilding more than the condemnation proceeds received by the Authority. If any part of the Project shall be partially or totally destroyed, or is taken under the exercise of the power of eminent domain, so as to render it unfit, in whole or part, for use or occupancy by the Lessee, the rent shall be abated for the period during which the Project or such part thereof is unfit or unavailable for use, and the abatement shall be in proportion to the percentage of the Project which is unfit or unavailable for use or occupancy. Section 6. Net Lease. It is expressly understood and agreed that this Lease shall be what is known as a net lease i.e., the rent being absolutely net to the Authority and that all other expenses in connection with the Project of any nature whatsoever shall be those of the Lessee) and that during the lease term the Lessee shall be obligated to pay as its expenses without reimbursement from the Authority all costs of taxes and assessments, if any, and maintenance, operation and use in connection with or relating to the Project, including but not limited to all costs and expenses of all services, repair or replacement of all parts of the Project or improvements of the Project. Section 7. Nonliability of Authori . The Authority shall not be liable for damage caused by hidden defects or failure to keep the Project in repair and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, or other pipes or the bursting or leaking of plumbing or heating fixtures in connection with said premises, nor for damage occasioned by water, snow or ice. The Authority shall not be liable for any injury to the Lessee or any sublessee of the Lessee or any other person which injury occurs on, in or about the Project howsoever arising. The Authority shall not be liable for damage to the Lessee's property or to the property of any sublessee of the Lessee or of any other person which may be located in, upon or about the Project. Section 8. Alterations. Lessee shall have the right, without the consent of the Authority, to make all alterations, modifications and additions and to do all improvements it deems necessary or desirable to the Project, which do not reduce the rental value of the Project. Section 9. Insurance. During the full term of this Lease, the Lessee shall, at its own expense, carry combined bodily injury insurance, including accidental death, and property -4- US.55393881.03 damage insurance with reference to the Leased Premises in an amount not less than Five Hundred Thousand Dollars ($500,000) on account of each occurrence with one or more good and responsible insurance companies. Such public liability insurance may be by blanket insurance policy or policies. The proceeds of the public liability insurance required herein (after payment of expenses incurred in the collection of such proceeds) shall be applied toward extinguishment or satisfaction of the liability with respect to which such insurance proceeds are paid. Such policies shall be for the benefit of persons having an insurable interest in the Project, and shall be made payable to the Authority, the Lessee, and the Trustee and to such other person or persons as the Authority may designate. Such policies shall be countersigned by an agent of the insurer who is a resident of the State of Indiana and deposited with the Authority and the Trustee. If, at any time, the Lessee fails to maintain insurance in accordance with this Section, such insurance may be obtained by the Authority and the amount paid therefor shall be added to the amount of rentals payable by the Lessee under this Lease; provide d, however, that the Authority shall be under no obligation to obtain such insurance and any action or non - action of the Authority in this regard shall not relieve the Lessee of any consequence of its default in failing to obtain such insurance. The insurance policies described in this Section 9 may be acquired by another parry and shall satisfy this Section as long as the Authority, the Lessee and the Trustee are named as additional insureds under such policies. Such coverage may be provided by scheduling it under a blanket insurance policy or policies. Section 10. Use of Condemnation Proceeds. If title to or the temporary use of the Project, or any part thereof, shall be taken under the exercise or the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, any net proceeds received from any award made in such eminent domain proceedings (after payment of expenses incurred in such collection) shall be paid to and held by the Trustee under the Trust Agreement. Such proceeds shall be applied in one (1) or more of the following ways: (a) The restoration of the Project to substantially the same condition as it existed prior to the exercise of that power of eminent domain, or (b) the acquisition, by construction or otherwise, of other improvements suitable for the Lessee's operations on the Project and which are in furtherance of the purposes of the Act (the improvements shall be deemed a part of the Project and available for use and occupancy by the Lessee without the payment of any rent other than as herein provided, to the same extent as if such other improvements were specifically described herein and demised hereby). Within ninety (90) days from the date of entry of a final order in any eminent domain proceedings granting condemnation, the Lessee shall direct the Authority and the Trustee in writing as to which of the ways specified in this Section the Lessee elects to have the net proceeds of the condemnation award applied. Any balance of the net proceeds of the award in -5- US.55393881.03 such eminent domain proceedings not required to be applied for the purposes specified in subsections (a) or (b) above shall be deposited in the sinking fund held by the Trustee under the Trust Agreement and applied to the repayment of the Bonds. The Authority shall cooperate fully with the Lessee in the handling and conduct of any prospective or pending condemnation proceedings with respect to the Project or any part thereof and will to the extent it may lawfully do so permit the Lessee to litigate in any such proceedings in its own name or in the name and on behalf of the Authority. In no event will the Authority voluntarily settle or consent to the settlement of any prospective or pending condemnation proceedings with respect to the Project or any part thereof without the written consent of the Lessee, which consent shall not be unreasonably withheld. Section 11. Liability Insurance. The Lessee shall, at all times during the full term of this Lease, keep in effect, public liability and property damage insurance, insuring the Lessee, the Authority and the Trustee in amounts customarily carried for similar properties. Section 12. General Insurance Provisions. All insurance policies required by Sections 9 and 11, shall be with insurance companies rated B+ or better by A.M. Best Company (or a comparable rating service if A.M. Best company ceases to exist or rate insurance companies), and shall be countersigned by an agent of the insurer who is a resident of the State of Indiana, and such policies, or copies thereof, shall be deposited with the Authority and the Trustee. If, at any time, the Lessee fails to maintain insurance in accordance with Sections 9 and 11, such insurance may be obtained by the Authority, or may be obtained by the Trustee, and the amount paid for such insurance shall be added to the amount of rental payable by the Lessee under this Lease; provided, however, that neither the Authority nor the Trustee shall be under any obligation to obtain such insurance, and any action or non- action of the Authority or Trustee in this regard shall not relieve the Lessee of any consequences of a default in failing to obtain such insurance. Section 13. Covenants. The Lessee shall not assign this Lease. The Lessee covenants that, except for Permitted Encumbrances, it will not encumber the Project, or permit any encumbrance to exist thereon, and that it shall use and maintain the Project in accordance with the laws and ordinances of the United States of America, the State of Indiana, and all other proper governmental authorities. The Authority agrees that it will, at the request of the Lessee, execute and deliver to or upon the order of the Lessee such instrument or instruments as may be reasonably required by the Lessee in order to subject the Project, or the Authority's interest therein, to such encumbrances as shall be specified in such request and as shall be permitted by the provisions of this Section 13 or otherwise by the definition of "Permitted Encumbrances ". Section 14. Option to Purchase. The Authority hereby grants Lessee the right and option, on any rental payment date, upon thirty days' written notice to the Authority, to purchase the Project at a price equal to the amount required to enable the Authority to provide for the redemption of all outstanding Bonds, all premiums payable on the redemption thereof, and accrued and unpaid interest, and to pay the cost of redeeming the Bonds and liquidating the Authority if it is to be liquidated. -6- US.55393881.03 Upon request of the Lessee, the Authority agrees to furnish an itemized statement setting forth the amounts required to be paid by the Lessee on the next rental payment date in order to purchase the Project in accordance with the preceding paragraph. If the Lessee exercises its option to purchase, the Lessee shall pay to the Trustee that portion of the purchase price which is required to provide for the payment of all the Bonds, including all premiums payable on the redemption thereof, accrued and unpaid interest thereon and the costs of redemption thereof. Such payment shall not be made until the Trustee gives to the Lessee a written statement that such amount will be sufficient to retire all Bonds including all premiums payable on the redemption thereof and accrued and unpaid interest. The remainder of such purchase price, if any, shall be paid by the Lessee to the Authority. Nothing herein contained shall be construed to provide that the Lessee shall be under any obligation to purchase the Project, or under any obligation in respect to any creditors or bondholders of the Authority. If the Lessee has not exercised its option to purchase the Project at the expiration of the term of the Lease and upon the full discharge and performance by the Lessee of its obligations under this Lease, the Authority shall execute a deed of the Project to the Lessee conveying good and merchantable title thereto, subject only to Permitted Encumbrances. Section 15. Defaults. If the Lessee shall (a) default in the payment of any rentals or other sums payable to the Authority hereunder, or in the payment of any other sum herein required to be paid for the Authority, (b) fail to comply with the terms set forth in the Lease Resolution, or (c) default in the observance of any other covenant, agreement or condition hereof, and such default under (c) shall continue for ninety (90) days after written notice to correct the same, then, in any of such events, the Authority may proceed to protect and enforce its rights, either at law or in equity, by suit, action, mandamus or other proceedings, whether for specific performance of any covenant or agreement contained herein or for the enforcement of any other appropriate legal or equitable remedy. Section 16. Notices. Whenever either party shall be required to give notice to the other under this Lease, it shall be sufficient service of such notice to deposit the same in the United States mail, in an envelope duly stamped, registered and addressed to the other parry at its last known place of business. A copy of any notice shall be mailed by first -class mail to the Trustee at its last known place of business. Section 17. Construction of Covenants. All provisions contained herein shall be construed in accordance with the provisions of the Act and to the extent of inconsistencies, if any, between the covenants and agreements in this Lease and the provisions of the Act, the provisions of said Act shall be deemed to be controlling and binding upon the parties. Section 18. Successors or Assigns. All covenants of this Lease, whether by the Authority or the Lessee, shall be binding upon the successors and assigns of the respective parties hereto. -7- US.55393881.03 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed for and on their behalf as of the day and year first hereinabove written. 0 ATTEST: Secretary - Treasurer ATTEST: Secretary SOUTH BEND REDEVELOPMENT AUTHORITY President CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT COMMISSION President (Signature Page to Lease) US.55393881.03 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared and personally known by me to be the President and Secretary- Treasurer, respectively, of the South Bend Redevelopment Authority, and acknowledged the execution of the foregoing Lease for and on behalf of said Authority. WITNESS my hand and Notarial Seal this day of 2015. (SEAL) My Commission expires: My County of residence is: County (Written Signature) (Printed Signature) (Notary Page for Lease Agreement) US.55393881.03 STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known by me to be the President and Secretary, respectively, of the City of South Bend, Indiana, Redevelopment Commission, and acknowledged the execution of the foregoing Lease for and on behalf of said Commission. WITNESS my hand and Notarial Seal this day of 2015. (SEAL) My Commission expires: My County of residence is: County (Written Signature) (Printed Signature) "I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document unless required by law." Randolph R. Rompola This instrument was prepared by Randolph R. Rompola, FAEGRE BAKER DANIELS LLP, 202 S. Michigan Street, Suite 1400, South Bend, Indiana, 46601. (Notary Page for Lease Agreement) US.55393881.03 V PERMITTED ENCUMBRANCES The standard encumbrances and exceptions to the title as would be set forth on the Policy of Title Insurance covering the real estate and improvements thereon which are subject to the Lease to be provided at the time the Bonds are delivered. A -1 US.55393881.03 EXHIBIT B PROJECT DESCRIPTION AND REAL ESTATE DESCRIPTION The Project includes the acquisition, construction and installation of certain local public improvements as part of the City's Smart Streets initiative and Westside Main Streets Revitalization Plan which local public improvements shall consist of all or any portion of the acquisition, construction and installation of the following: pavement, streetscape, and sidewalk improvements, bulb -out installation, street signage and markings, installation of bicycle facilities, road widening, intersection and traffic signal interconnection improvements, utility relocation, utility and sidewalk improvements, and installation of lighting and right -of -way improvements. The aforementioned Project will be located on real estate described as follows: The foregoing local public improvements are to be located along the following stretches of road: (i) Bartlett Street between Lafayette Blvd and Riverside Drive; (ii) Michigan Street between Riverside Drive and Barbie Street; (iii) Main Street between Park Lane and Barbie Street; (iv) St. Joseph Street between LaSalle Avenue and Western Avenue; (v) Lafayette Blvd between Park Lane and Indiana Avenue; (vi) Western Avenue between Michigan Street and Mayflower Road; (vii) Lincolnway West between West LaSalle Avenue and the City limits (Woodland Avenue); (viii) Marion and Madison Streets between Michigan Street and Lincolnway West; and (ix) any cross streets related to the foregoing stretches. B -1 US.55393881.03 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AUTHORIZING THE EXECUTION OF A LEASE FOR CERTAIN LOCAL PUBLIC IMPROVEMENTS ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, AND REGARDING OTHER RELATED MATTERS WHEREAS, the South Bend Redevelopment Commission (the "Commission "), governing body of the City of South Bend, Indiana, Department of Redevelopment (the 'Department ") and the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment District "), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in Indiana Code 36 -7 -14 of seq., as amended from time to time (the "Act "); and WHEREAS, the City of South Bend Redevelopment Authority (the "Authority ") has been created pursuant to Indiana Code 36 -7 -14.5 as a separate body corporate and politic, and as an instrumentality of the City of South Bend, Indiana (the "City "), to finance local public improvements for lease to the Commission pursuant to Section 25.2 of the Act and Indiana Code 36 -7 -14.5; and WHEREAS, the Commission has previously designated and declared an area in the City, known as the River West Development Area to be an economic development area and an allocation area (collectively, the "Area ") for the purpose of collecting tax increment finance revenues (the "TIF Revenues "), adopted an Economic Development Plan, and established an allocation fund for said Area; and WHEREAS, the Commission has been considering the need to finance the acquisition, construction and installation of certain local public improvements as part of the City's Smart Streets initiative and Westside Main Streets Revitalization Plan which local public improvements shall consist of all or any portion of the acquisition, construction and installation of the following: pavement, streetscape, and sidewalk improvements, bulb -out installation, street signage and markings, installation of bicycle facilities, road widening, intersection and traffic signal interconnection improvements, utility relocation, utility and sidewalk improvements, and installation of lighting and right -of -way improvements, all of which local public improvements are to be located along the following stretches of road: (i) Bartlett Street between Lafayette Blvd and Riverside Drive; (ii) Michigan Street between Riverside Drive and Barbie Street; (iii) Main Street between Park Lane and Barbie Street; (iv) St. Joseph Street between LaSalle Avenue and Western Avenue; (v) Lafayette Blvd between Park Lane and Indiana Avenue; (vi) Western Avenue between Michigan Street and Mayflower Road; (vii) Lincolnway West between West LaSalle Avenue and the City limits (Woodland Avenue); (viii) Marion and Madison Streets between Michigan Street and Lincolnway West; and (ix) any cross streets related to the foregoing stretches and various expenses related thereto (collectively, the "Project"); and US.55608791.02 Resolution No. 3273 Page 2 WHEREAS, on January 15, 2015, the Commission adopted Resolution 3267 approving the form of a lease to be dated as of February 1, 2015, with the Authority (the "Lease "), scheduling a public hearing on the Lease to be held on January 29, 2015 at 9:30 a.m., local time, authorizing the publication of a notice of public hearing on said lease pursuant to Indiana Code § 5 -3 -1; and WHEREAS, a notice of public hearing on the Lease was published on January 16, 2015, pursuant to Indiana Code § 5 -3 -1; and WHEREAS, on this date said public hearing has been held and all interested parties have been provided the opportunity to be heard at the hearing; and WHEREAS, pursuant to the Lease, a copy of which is attached hereto as Exhibit A. the Commission intends to pay rent to the Authority (the "Rental Payments "), pursuant to the terms of the Lease, at an annual rate not to exceed One Million Nine Hundred Ninety Thousand and 00 /100 Dollars ($1,990,000.00), payable in semiannual installments on January 15 and July 15 beginning on the day the Project is completed and ready for use, or July 15, 2017, whichever is later, through expiration of the Lease, which Rental Payments are subject to reduction as set forth in the Lease; and WHEREAS, the Proj ect as described above and in Exhibit B to the Lease now also includes reference to Marion and Madison Streets between Michigan Street and Lincolnway West as such stretches of road were inadvertently omitted from the description of the Project contained in the Commission's Resolution No. 3267; NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The President and Secretary of this Commission are hereby authorized and directed, on behalf of the City to execute and deliver the Lease in substantially the form presented at this meeting with such changes in form or substance as the President of this Commission shall approve, such approval to be conclusively evidenced by the execution thereof, which execution shall occur following approval of the Lease by the Common Council of the City (the "Common Council ") as provided herein. 2. The Rental Payments to be paid by the Commission, pursuant to the terms of the Lease, at an annual rate not to exceed One Million Nine Hundred Ninety Thousand and 00 /100 Dollars ($1,990,000.00), payable in semiannual installments on January 15 and July 15, beginning on the day the Project is completed and ready for use or July 15, 2017, whichever is later, through expiration of the Lease and which Rental Payments are subject to reduction as set forth in the Lease, are fair and reasonable, and the use of the Project throughout the term of the Lease will serve the public purpose of the City and is in the best interests of its residents. 3. The Secretary of the Commission (the "Secretary ") is hereby directed to transmit to the Common Council a copy of this Resolution, and the Commission hereby authorizes the filing with said Common Council of an approving resolution for the purpose of said Common Council's -2- Resolution No. 3273 Page 3 finding, prior to execution of the Lease, that the Rental Payments are fair and reasonable and approving the Lease. 4. This resolution shall be in full force and effect after its adoption by the Commission. -3- Resolution No. 3273 Page 4 ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on the 291h day of January, 2015. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT 4rcia I. Jones, President Printed Name and Tide South Bend Redevelopment Commission ATTEST: O� At., Donald E. Inks, Secretary Printed Name and Title South Bend Redevelopment Commission Had �31 1=[G —3 204 Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ADDRESSING RESIDENTIAL COMPOSTING REGULATIONS STATEMENT OF PURPOSE AND INTENT The Purdue Extension's publication Home & Environment notes that "composting is a tool" which benefits the soil and "a well - maintained compost pile can reduce the amount of yard and food waste that is sent to the landfills each year. According to the U.S. Environmental Protection Agency (EPA), Americans produce more than four pounds of waste per person per day (or 1,600 pounds per person per year). The EPA estimates that 65 percent of that waste is organic and could be composted into a rich material that can improve the soil and enhance the growth of lawns and gardens ". This publication also noted that composing helps: • "Improved soil fertility • Improved soil structure • Improved water - holding capacity • Reduced erosion • Reduced levels of plant pathogens, insects, and weeds" The City of South Bend, Indiana, is in Region 5 of the Environmental Protection Agency programs which states on their website located at htip: / /www.0a.gov /repion5 /waste /solidwaste /compost that "Region 5 has supported the following activities to help reduce the amount of food and yard waste that needs to be disposed of, and develop markets for compost" which included municipal composting initiatives and grants, webinars, and workshops. The Common Council desires to encourage composting as well as sustainable living while preserving the quality of life in all residential neighborhoods. In furthering,the health and public safety of our residents by encouraging composting which benefits soil health, conserves water and helps the environment, all composting conducted in residential neighborhoods must be free from rodents, animal harborage, and odors. The following residential composting regulations are believed to be in the best interests of the City of South Bend, Indiana. �a �r�mrc, � �Z ©r�lararPrl � //e �one�ri�n. �rroiierGo�l /�� �i� a�'�ul /r �iul, Section I. Chapter 14 of the South Bend Municipal Code is hereby amended by the inclusion of new Article 12 which shall read in its entirety as follows: Residential Composting Regulations Ordinance Page 2 Article 12. Residential Composting Regulations. Sec. 14 -116. Definitions. As used in this Article: (a) Community garden means a parcel or parcels of land which is gardened collectively by soup of individuals and /or a non -profit organization(s) where produce plants and related food items are grown or developed for the benefit of the community_ (b) Compost means the product produced by the composting of vegetative mater. ' (c) Composting is the biological treatment process by which microorganisms decompose the organic component of vegetative matter (such as yard or landscaping waste including leaves grass brush, limbs and branches. (d) Organic materials for composting mean discarded garden plants ass clippings tree leaves and plant trimmings.Z Sec. 14 -117. Compost Area Size and Location Regulations/Limited Exceptions for Community Gardens. (a) A compost area may only be located in the rear yard of a residentially zoned parcel, shall be located at least five (5) feet from lot lines and no closer than twenty (20) feet to any habitable building other than the residential owner's own home (b) All compost areas shall comply with applicable zoning regulations of Chapter 21 of the South Bend Municipal Code and shall not exceed a total of one hundred (100) cubic feet in volume for city lots less than ten thousand (10,000) square feet and one hundred fifty (150) cubic feet for lots greater than ten thousand (10,000) square feet and no greater than five (5) feet high.' (c) If a community garden located within the City is anticipated to exceed the cubic feet ' This definition is from the Indiana Department of Environmental Management (IDEM) Office of Land Quality publication dated January 24, 2000, a copy of which is on file in the Office of the City Clerk. ' This definition is from the Department of Horticulture's Purdue University Cooperative Extension Service publication written by B. Rosie Lerner entitled "Managing Yard Wastes: Clippings and Compost" Oct. 2002, a copy of which is on file in the Office of the City Clerk. 3 Reasonable set back regulations are consistent with the City's zoning regulations which are to promote "... the public health, safety, comfort, morals, convenience, and general welfare" addressed in South Bend Municipal Code § 21- 01.01(c)(3). Residential Composting Regulations Ordinance Page 3 provisions set forth in paragraph (b) of this Section the individual(s) charged with managing the community garden must contact the Department of Code Enforcement and provide the following_ information: 1. Commonly known address of the location or proposed location of the community arg den, 2. Name of the individual(s) and /or non -profit organization(s) who will manage the community garden and see that it will be maintained; and 3. Map of the parcel(s) of land showing the setback lines proposed area and proposed size of the compost area. Upon approval by the Director of the Department of Code Enforcement or his/her designee the compost area may be developed, subiect to all other provisions set forth in this Article Sec. 14 -118. Compost Containers. (a) Composting may be conducted within a covered or uncovered container, enclosed on all vertical sides. Containers shall be of a durable material and shall be constructed and maintained in a structurally sound manner. Wood used in the construction of a compost container shall be free of rot. (b) Compost containers include bins composters and compost digesters. (c) The pile method or having exposed materials for composting is not permitted a Sec. 14 -119. Materials Permitted and Not Permitted to be Composted. (a) Only organic materials such as grass clippings leaves spent flowers weeds; as well as sawdust, wood ash, Dlant trimmings straw, fruit and vegetable peels egg shells lettuce leaves and trimmings from kitchen scraps, coffee grounds, tea leaves/bags and other raw non - greasy food wastes may be ulaced in any compost container. (b) None of the following materials shall be placed in any compost container: meat bones oils, fish, dairy products, any greasy kitchen wastes bread plastics synthetic fibers human or net wastes, cat litter, treated or painted wood, and diseased plants.' ° Regulations prohibiting the pile method are consistent with the U.S. Environmental Protection Agency (EPA) publication entitled GreenScapes U.S. EPA Sustainable Landscapes publication entitled `Backyard Composting — It's Only Natural ", October 2009, EPA530 -F -09 -026, a copy of which is on file in the Office of the City Clerk. s These regulations are consistent with the Indiana Department of Environmental Management (IDEM)'s Fact Sheet on `Backyard Composting ", August 2013, and Purdue University Cooperative Extension's Home & Environment Residential Composting Regulations Ordinance Page 4 Sec. 14 -120. Maintenance Required. Compost materials shall be layered aerated moistened turned and managed to promote effective decomposition of the materials in a safe secure and sanitary manner. Compost materials shall be covered with a laver of material such as leaves straw, wood chips or finished compost to reduce odors. All compost containers shall be maintained so that they are in compliance with Section 14- 118. Sec. 14 -121 Educational Materials and Postings. The City of South Bend shall prominently post on their official municipal website educational information on composting. Additional information may also be made available through the Department of Code Enforcement and other City offices.6 Sec. 14 -121. Penalties for Non - Compliance. (a) Any person violating any of the regulations set forth in this Article shall be subject to a fine of twenty -five dollars ($25.00) for a first offense: fifty dollars ($50.00) for a second offense; and not less than two hundred fifty dollars ($250.00) for all subsequent violations Each day shall constitute a distinct and separate offense. All such fines shall be paid to the Ordinance Violations Bureau. (b) The Department of Code Enforcement shall be charged with enforcing the provisions Bend Municipal Code entitled Nuisances: Penalty. Section I1. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Valerie Schey, 3'd District Co cil Member publication written by Jason P. deKoff, Brad D. Lee, and Michael V. Mickelbart entitled "Household Composting: Methods and Uses for Compost", November 2007, copies of which is on file in the Office of the City Clerk. 6 The Indiana Department of Environmental Management (IDEM) published a "Backyard Composting Fact Sheet" which may be accessed at http: / /www.rccycle.IN.sov /. Residential Composting Regulations Ordinance Page 5 ie6r• Office of the City Clerk m. 1 st REAWRI1 PUBLIC HEARIR(l 3 rd READING NOT APPROVED REFERRED PASSED Oliver J. Davis, 6" District Council Member e6rnleelby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2015, at o'clock . m. Janice Talboom, Deputy Clerk �ico i/ uida�nrdby me on the _ day Pete Buttigieg, Mayor City of South Bend, Indiana 2015, at_ o'clock Filed in ��, --a Os ffic 33 4 3 2014 OITV %:LEB? <, SOUTH 13END, li: (574) 235 -9321 January 30, 2015 Members of the Common Council 4d' Floor County -City Building South Bend, Indiana 46601 V�Vii; Common Council City of South Bend Indiana 4'^ Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9173 Facsimile Re: Residential Composting Regulations Dear Council Members: (574)235 -5567 TTY/TDD We are filing the attached proposed ordinance which would create residential composting regulations. They are aimed at the mutual goals of providing opportunities for residents to participate in environmentally -sound composting activities, while being ever mindful of the duties and responsibilities to keep such activities from becoming a quality of life issue in a residential area. Many publications from the Indiana Department of Environmental Management (IDEM), the U.S. Environmental Protection Agency (EPA), the Purdue University Cooperative Extension Service, and several communities which have enacted such regulations have been reviewed, and are referenced in the Bill's footnotes. Input from Randy Wilkerson, Department of Code Enforcement Interim Director was also very helpful during the preparation of this Bill. We believe that the proposed regulations provide a proper balance which are fair, reasonable, and enforceable. We recommend that this Bill be referred to the Council's Health and Public Safety Committee and the Council's Residential Neighborhoods Committee so that they may hold a joint meeting; with public hearing being held by the Common Council on February 23, 2015. Thank you. 51* ° <&'," Valerie Schey 3'" District Council Member Attachments Oliver J, Davis 6th District Council Member cc: Randy Wilkerson, Department of Code Enforcement Office of the City Clerk 4�efor'; Office 2094 INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Backyard Composting 988 -7901 (317) 232 -8172 www.idem.IN.gov 100 N. Senate Ave., Indianapolis, IN 46204 Description What is composting? • Composting is the aerobic, oxygen- requiring, decomposition of organic materials by microorganisms. • Bacteria start the process and are responsible for much of the decomposition work. Fungi, protozoans, earthworms, centipedes, beetles and millipedes assist in breaking down the plant tissues. • During composting, the microorganisms consume organic matter and oxygen. Their metabolism gives off heat and gas, and results in a significant reduction in volume and mass of the organic materials. What Can I Compost? • All yard trimmings can be used for composting. However, the use of treated yard debris or diseased or infested plants is not recommended. • Yard trimmings such as leaves, grass clippings, weeds, thatch and the remains of garden plants make excellent compost. • Other desirable additions to a compost pile include ground brush and kitchen scraps such as fruit and vegetable peelings, eggshells and coffee grounds that would otherwise be thrown in the garbage. • Care must be taken when composting kitchen scraps. Do not compost meat, bones and fatty foods such as cheese, salad dressing and cooking oil. These foods ferment or putrefy, causing odors that can attract rodents and other pests. Only experts in composting should attempt to compost these materials. Environmental Impacts: How Does Composting Help the Environment? • Yard trimmings and kitchen scraps use up valuable space in landfills. • Organic materials make up 10 to 20 % of all household wastes. Because of their high moisture content, grass clippings also lower the efficiency of incineration systems. • Compost added to the garden improves soil structure, texture, aeration and water retention. • When mixed with compost, clay soils are loosened and the water retention of sandy soils improves. • Mixing compost with soil also contributes to erosion control, soil fertility, proper pH balance and healthy root development in plants. • The use of compost can also reduce the use of pesticides and chemical fertilizers in your yard. IDEM's Role: • The Indiana Department of Environmental Management (IDEM) is responsible for protecting human health and the environment while providing for safe industrial, agricultural, commercial, and governmental operations vital to a prosperous economy. • IDEM's Office of Land Quality registers or permits large scale composting operations. Backyard composting is encouraged by IDEM's Office of Pollution Prevention and Technical Assistance as an alternative to wasting valuable resources. Citizen's Role: What are the benefits of backyard composting? IDEM Office of Pollution Prevention and Technical Assistance • Composting can save the homeowner time, energy, money (i.e. on fertilizers, pesticides, etc.) and can reduce the amount of waste going to our landfills. • Composting is convenient. It's easier to compost yard trimmings than to bag and drag them to the trash can, curb or landfill. • Composting turns yard trimmings into a resource. Good compost is expensive to buy, but free for the making. Money does grow on trees with home composting. You could also save money on garbage collection and recycling fees. • Composting benefits soil and plants. Using compost helps your plants grow healthier and faster by keeping the soil loose and well drained. • Grass clippings contain valuable nutrients that can generate up to 25 % of your lawn's total fertilizer needs. One - hundred (100) pounds of grass clippings can generate and recycle as much as three (3) to four (4) pounds of nitrogen, one -half to one (1) pound of phosphorus, and two (2) to three (3) pounds of potassium back to the lawn. These are the three (3) most important nutrients needed by lawns, and are commonly supplied in lawn fertilizers. Also, grass clippings do not contribute to thatch (an organic debris layer between the soil and live grass) since grass clippings are 75 -85 % water and decompose readily. • Compost used as a soil amendment should be applied and incorporated into the soil before planting crops, grasses, plants, etc. Apply 1 -3 inches of compost to the soil surface and work it in to the soil to a depth of about 3 -4 inches. • In summary, by composting at home, you can help protect the environment, save money and improve your soil at the same time. More Information: • For more information on backyard composting, please visit IDEM's Web site at http://www.recycle.IN.go . • For questions and concerns, feel free to call IDEM's Office of Pollution Prevention and Technical Assistance at (800) 988 -7901. Filed 6 e-, Office _I 4] r4 CIYY Ci f ,.'s`'_ i_HD, IN IDEM Office of Pollution Prevention and Technical Assistance ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3408 ARDMORE TRAIL AND THE VACANT PARCEL WEST OF AND ADJACENT TO 3408 ARDMORE TRAIL, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM CB COMMUNITY BUSINESS DISTRICT TO SF2 SINGLE FAMILY AND TWO FAMILY RESIDENTIAL DISTRICT TO ALLOW FORA CHARTER ELEMENTARY SCHOOL FACILITY. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: THAT PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF LOT # 2 OF THE PLAT OF ` ARDMORE TRAIL MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 14269531N THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH (BEARINGS ASSUMED) ALONG THE WEST LINE OF SAID LOT A DISTANCE OF 399.69 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF ARDMORE TRAIL; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE A DISTANCE OF 663.83 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF 21635 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 20.00 FEET MORE OR LESS, THENCE SOUTH A DISTANCE OF 617.82 FEET MORE OR LESS TO THE NORTH RIGHT -OF -WAY LINE OF PRAST BOULEVARD, THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 626.53 FEET MORE OR LESS TO THE POINT OF BEGINNING, CONTAINING 9.90 ACRES MORE OR LESS. be and the same is hereby established as SF2 Single Family and Two Family Residential 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. 2 Member of the Common Council iii V11'a IMO N ar�j to pr ?ddS an C rd ,m on Lhis ice. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20_, at o'clock M. City Clerk Approved and signed by me on the day of 20 , at o'clock M. Mayor /Deputy Mayor of the City of South Bend, Indiana Si i st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed i_ Clerk's Office EFE8 -OQ 74 ZW� JOFIR4 VOORUE CITY CLERK, SOUTH BEND, IN PETITION FOR A COMBINED HEARING 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 and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 3408 Ardmore Trail, South Bend, Indiana 46628. 2) The property Tax Key Number(s) is /are: Key # l: 18- 2191- 719201, 18 -2191- 719202 3) Name and address of property owner(s) of the petition site: St. Vincent DePaul Society of St. Joseph County, Inc. City of South Bend 520 Crescent Avenue Dept. of Community Investment South Bend, Indiana 46617 227 W. Jefferson Blvd. 574- 234 -6000 14'" Floor County-City Building E -Mail Address N/A 574- 235 -9371 4) Name and address of contingent purchaser(s), if applicable: N/A E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: CB Community Business District To: SF2 Single Family and Two Family Residential District 6) This rezoning is requested to allow the following use(s): Charter Elementary School If applicable, a detailed description and the purpose of the variance(s) being requested: The Petitioners, St. Vincent DePaul Society of St. Joseph County, Inc. and the City of South Bend have been the owners of the real estate on Ardmore Trail for the past several years as shown in the records of the Auditor's office. They have been approached by an interested party who would desires to purchase the property and operate a Charter Elementary School at the site. The contingent purchasers would renovate the existing building as well as add onto the existing structure with administrative offices, lobby entry area and gymnasium into a neighborhood Charter Elementary School. There would also be extensive changes to the site with new landscaping, outdoor recreational areas and a redesigned parking area with an updated drop - off and pick up area for school students. Based on discussions with the Building Department and Area Plan Commission staffs, in order to be allowed to operate the Charter Elementary School as shown, the property would be required to be rezoned to a Residential classification where the school is a permitted use. Due to the renovation of the existing building some Variances would be needed to be approved as well, to bring the proposed use and improvements on the property into compliance with the developmental standards under the S172 Single Family and Two Family Residential District zoning standards. Once the Rezoning is initiated, the properties included are required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation, the Rezoning necessitates that Variances be approved for screening type, perimeter landscaping and pavement encroachment into setbacks. Shown below are the Variances being requested for the property: A). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet along all perimeter property boundaries to providing no additional trees along the easternmost 220 feet more or less of the south property line as shown. The petitioners are asking for approval of this Variance as the property is located in an older developed commercial corridor site. There is existing pavement in this area for the loading dock, which leaves little room for the placement of perimeter trees along with screening. The Petitioners and contingent purchasers do not believe approval of this Variance would have a negative impact on any surrounding property. B). A Variance to allow modification of an existing loading dock and driveway pavement to encroach into 25 foot Front -yard Setback along Prast Boulevard to a minimum of 8 feet to the right -of -way line of said Prast Boulevard. This loading dock area has existed on the south side of the building for the past several decades when the structure was used for commercial purposes. The modified location is designed to work with the renovated building. The Petitioners and contingent purchasers are showing that the loading dock area will be screened from street view with evergreen plantings. The Petitioners and contingent purchasers do not believe approval of this Variance would have an adverse impact on any surrounding property. Q. A Variance to allow pavement for a proposed driveway to encroach into the 20 foot Side -yard Setback along the west property line to a minimum of 10 feet a shown. The site is being developed with an internal driveway system to allow for the drop -off and pick of school children. A small portion of the perimeter driveway encroaches into the Side -yard Setback. The Residential classification does not allow for a driveway of a non - residential use to encroach into the large Side -yard Setback. This requirement was most likely based on the assumption that a home may be located on the adjacent property. In this case the adjacent property is zoned "CB" Community Business. The Petitioners and contingent purchasers do not believe approval of this Variance would have a negative impact on any surrounding property. 8) A statement on how each of the following standards for the granting of Variances is met: The Petitioners and contingent purchasers would state that they are renovating an existing Commercial property which was built under the old zoning standards for the City. They are taking an outdated building which was not required to meet extensive setback standards, screening requirements or the placement of loading docks or pavement in relation to property lines and creating a new building use. The Petitioners and contingent purchasers believe they have mitigated the effect the existing and proposed improvements would have on any adjacent property. The requested number of Variances reflects a situation that exists for renovation projects that are located in older neighborhoods. The building has existed for the past several decades and no longer viable as a retail use. The Petitioners and contingent purchasers would state that the approval of the above requested Variances will not be injurious to the public health, safety, morals and general welfare of the community. As envisioned the proposed improvements will renovate the exterior of the existing structure, allow a re -use of an older commercial building and add landscaping on -site where none presently exists. This will increase the public health, safety, morals and general welfare of the community. The Petitioners and contingent purchasers would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner. The site as proposed will provide more screening, landscaping than has existed before. The proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. The Petitioners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any proposed improvements very restricted and create a situation where owners could do little to add value to their property. 9). If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the Requested Variances. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: N/A 11) A statement on how each of the following standards for the granting of a Special Exception is met: N/A 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) 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; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): 4ee: St. Vincent DePaul Society of St. Joseph County, Inc. 520 Crescent Avenue South Bend, Indiana 46617 574- 234 -6000 E -Mail Address N/A PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Horner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch@danchharner.com Name: City of South Bend Dept. of Community Investment 227 W. Jefferson Blvd. 14' Floor County-City Building 574 -235 -937 E-Mail Address N/A Filed in Clerk's Office FEB J4 ZC"ia� CITY CLERK, SOUTH BEND, IN 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) 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; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): Name: St. Vincent DePaul Society of St. Joseph County, Inc. 520 Crescent Avenue South Bend, Indiana 46617 574- 234 -6000 E -Mail Address N/A PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Horner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch @danchharner. com �zd City of South Bend Dept. of Community Investment 227 W. Jefferson Blvd. 14`t' Floor County -City Building 574 -235 -937 E -Mail Address N/A Filed in Clerk's Office FED �i�12(�a soar i��a��ara�� CITY CLERK, SOUTH OEND, IN LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF LOT # 2 OF THE PLAT OF "ARDMORE TRAIL MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 14269531N THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH (BEARINGS ASSUMED) ALONG THE WEST LINE OF SAID LOT A DISTANCE OF 399.69 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF ARDMORE TRAIL; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE A DISTANCE OF 663.83 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF 21635 FEET MORE OR LESS, THENCE EAST A DISTANCE OF 20.00 FEET MORE OR LESS, THENCE SOUTH DISTANCE OF 617.82 FEET MORE OR LESS TO THE NORTH RIGHT -OF -WAY LINE OF PRAST BOULEVARD; THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 62653 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 9.90 ACRES MORE OR LESS. Filed in C:( " Office FFEB v€rZ�aQ'dir i CITY CLER TH BEND, IN Debt Equity Investment LP III 2100 South Bridge Pkwy Ste.650 Birmingham, AL. 35209 Tax Kev # 01 R 2219 9221 Richard & Mary Ann Winkel 1124 RyerSt South Bend, IN. 46628 Tax Key # 018 2219 8222 Timothy Sharp PO Box 11545 South Bend, IN. 46634 Tax Key # 018 2130 4847 Heritage Place at LaSalle Square 3900 Edison Lakes Pkwy Ste.201 Mishawaka, IN. 46545 Tax Key # 018 2191 719205 Pablo & Margarita Pacheco 3301 Ardmore Tr South Bend, IN. 46628 Tax Key # 018 2130 4845 Amanda Hostetler 921 Hickory St Niles, MI. 49120 Tax Key # 018 2130 4833 David Lax 3316 Ardmore Tr South Bend, IN. 46628 Tax Key # 018 2130 4842 Bendix Corp PO Box 4900 Scottsdale, AZ. 85261 Tax Key # 018 2189 7157 City of South Bend 227 W Jefferson Ste 1200 South Bend, IN. 46601 Tax Key # 018 2188 7089 Property Owners Within 300 Feet David Smith 3002 Hartzer South Bend, IN. 46628 Tax Key # 018 2130 4836 Carl Michalski 1122 N Iowa South Bend, IN. 46628 Tax Key # 018 2130 4835 Gabriel Patino & Demetrio Malagan 3237 Ardmore Tr South Bend, IN. 46628 Tax Key # 018 2130 4847 Max & Paulette Darrah 3311 Ardmore Tr South Bend, IN. 46628 Tax Key # 018 2130 4843 Hector Martinez & Maria Pedraza 1120 Ryer St South Bend, IN. 46628 Tax Key # 018 2219 8223 Felix Navarrete 3323 Ardmore Tr South Bend, IN. 46628 Tax Key # 018 2130 4840 Beacon Heights 11555 N. Meridian Ste. 400 Carmel, IN. 46032 Tax Key # 018 2193 7236 Bendix Corp PO Box 4900 Scottsdale, AZ. 85261 Tax Key # 018 2189 7156 St Vincent DePaul Society of St.Joseph County PO Box 1438 South Bend, IN. 46624 Tax Kev # 01 R 2191 719201 Filed in Clerk's Office 4 ZQ is JOH14 VOORDE CITY CLERK, SOUTH BEND, IN St.Joseph County Library 122 W Wayne St South Bend, IN. 46601 Tax Key # 018 2191 719206 Kenneth Egmer 3233 Ardmore Tr South Bend, IN. 46628 Tax Key # 018 21314884 Faith Apostolic Temple Inc PO jBox 3128 South Bend, IN. 46628 Tax Key # 018 21918192 Patricia Csiszar 3307 Ardmore Tr South Bend, IN. 46628 Tax Key # 018 2130 4844 Thomas Phillips 2020 N Meade St South Bend, IN. 46628 Tax Key # 018 2130 4838 Angel Gaona 3319 Ardmore Tr South Bend, IN. 46628 Tax Key # 018 2130 4841 Bendix Corp PO Box 4900 Scottsdale, AZ. 85261 Tax Key # 018 2190 7188 Bendix Corp PO Box 4900 Scottsdale, AZ. 85261 Tax Key # 018 2188 7114 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 2191719202 v LUanch, F/arner 4& ,Associates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects w Land Planners Office: (574)234 -4003 / (800)594 -4003 Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of January 30, 2015 South Bend Common Council 4P Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for 3408 Ardmore Trail, South Bend: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their property located at 3408 Ardmore Trail, South Bend, Indiana. This requested Rezoning would allow for the approval of a Charter Elementary School facility. The proposed site improvements require rezoning of the property to the SF2 Single Family and Two Family Residential District classification. Our clients believe the improvements proposed for the property would be a acceptable reuse of a commercial building and would be a compatible use in the surrounding mixed commercial, industrial and residential neighborhood along this portion of Ardmore Trail corridor. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, 2L Michael . Danch President Danch, Hamer & Associates File No. 150114 "C" Md. Filed in Clerk's Office Ufa �42oia — EB,S OC CITY CLRC, OTK BEND, IN er a- eio?�u�, o aw. 40 - p,� i orer ocaw o r Ul e w 11zLL ��o= 3 / O 0 w O W 6 414 gg k�d g'y g a1 O;N�;�����b I sAj ills bON pgh n €�gPy�ipa @� gg3bm g99gpY�b�y�g ffce��� §O yi i i 2f I .man vi+nd:.�.n�P� Y/1�I pp ti� ne` S . L1 V 4 §�all e�g ppg444 y& g ax 00 � 4a §yei dd£i Will ; r o w § i434iis I �pa4e8iP9� pa�neeim g4p VIII ��I wy p1411 i wa i §Y33Sif a:�5��ii e ppp;�; ypF5g9� � s� !gaa = =iggggeg a er. k ppppg ga $pgy ° dI 7 7fii� pcSayjB 8�yig 9li !pa°`Ci6 iik l� 5598° a f�� 3434 f MI ne` . r o w § i434iis I �pa4e8iP9� pa�neeim g4p VIII ��I wy p1411 i wa i §Y33Sif a:�5��ii e ppp;�; ypF5g9� � s� !gaa = =iggggeg a er. k ppppg ga $pgy ° dI 7 7fii� pcSayjB 8�yig 9li !pa°`Ci6 iik l� 5598° a f�� 3434 f MI 6 C� 0 0 0- 43 �-4 J, ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NW CORNER OF NORTHSIDE BLVD, NOTRE DAME AVENUE AND FRANCES STREET (COMMONLY KNOWN AS TRANSPO SITE), COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT REZONE THE PROPOSED PARCELS FROM THE CURRENT ZONING OF MU -MIXED USE DISTRICT AND MFI -URBAN CORRIDOR MULTIFAMILY DISTRICT TO SF2 SINGLE FAMILY & TWO FAMILY DISTRICT IN ORDER TO DEVELOP THE AREA WITH HOUSING IN THE URBAN CORE OF THE CITY OF SOUTH BEND, AS WELL AS PROVIDE FOR LIMITED PUBLIC AND INSTITUTIONAL USES THAT ARE COMPATIBLE WITH AN URBAN RESIDENTIAL NEIGHBORHOOD. 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: PARCEL I: A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND ALSO BEING KNOWN AS PART OF LOTS 1, 8, 9, 10, 12, 13 AND ALL OF LOTS 2 AND 7 ALEX COQUILLARD'S SECOND ADDITION TO THE CITY OF SOUTH BEND, AND ALL OF LOTS 341 AND 347 SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF NOTRE DAME AVENUE AND THE NORTH RIGHT -OF -WAY LINE OF NORTHSIDE BOULEVARD; THENCE NORTH 62056'10" WEST ALONG THE SAID NORTH RIGHT -OF- WAY LINE, 154.71 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING NORTH 62056'10" WEST ALONG SAID NORTH RIGHT -OF -WAY LINE 232.20 FEET TO THE EASTERLY RIGHT -OF -WAY OF ST. PETER STREET; THENCE S00 °02'46 "W, ALONG SAID EASTERLY RIGHT -OF -WAY 219.23 FEET TO THE SOUTHWEST CORNER OF LOT 340 IN SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL; THENCE NORTH 89 °51'00" EAST, 267.32 FEET; THENCE SOUTH 00 °02' 18" WEST, 274.70 FEET; THENCE SOUTH 89 051'00" WEST, 27.50 FEET; THENCE SOUTH 00'02'18" WEST. 50.72 FEET TO THE PLACE OF BEGINNING. PARCEL II: A PARCEL OF LAND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF NOTRE DAME AVENUE WITH THE NORTHERLY RIGHT -OF -WAY LINE OF NORTHSIDE BOULEVARD; THENCE NORTH 00 °00'00" EAST, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 338.36 FEET TO THE PLACE OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 89 °51'00" WEST, A DISTANCE OF 110.11 FEET; THENCE NORTH 00'02'18" EAST A DISTANCE OF 57.82; THENCE NORTH 89 °51'00" EAST, A DISTANCE OF 110.07 FEET TO A POINT ON SAID WEST RIGHT -OF -WAY LINE; THENCE SOUTH 00 °00'00" WEST, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 57.82 FEET TO THE PLACE OF BEGINNING. PARCEL III: THE EAST PART OF LOTS 1, 8, 9,13 AND 14 TOGETHER WITH THE VACATED ALLEYS APPURTENANT THERETO AS SHOWN ON THE RECORDED PLAT OF ALEXIS COQUILLARD'S SECOND ADDITION TO THE CITY OF SOUTH BEND, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37, NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF NOTRE DAME AVENUE AND THE NORTH RIGHT -OF -WAY LINE OF NORTHSIDE BOULEVARD; THENCE NORTH 62056'10" WEST, 154.71 FEET ALONG SAID NORTH RIGHT- OF-WAY LINE; THENCE NORTH 00002'18" EAST 50.72 FEET; THENCE NORTH 89 °51'00" EAST, 27.50 FEET; THENCE NORTH 00002'18" EAST, 274.70 FEET; THENCE NORTH 89 °51'00" EAST, 110.07 FEET TO THE WEST RIGHT- OF-WAY LINE OF NOTRE DAME AVENUE; THENCE SOUTH 00 °00'00" WEST, 396.18 FEET ALONG SAID RIGHT -OF -WAY LINE TO THE POINT OF BEGINNING, AND EXCEPTING THEREFROM THE FOLLOWING: A PARCEL OF LAND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST RIGHT- OF-WAY LINE OF NOTRE DAME AVENUE WITH THE NORTHERLY RIGHT -OF- WAY LINE OF NORTHSIDE BOULEVARD; THENCE NORTH 00 °00'00" EAST, ALONG SAID WEST RIGHT -OF WAY LINE OF NORTHSIDE BOULEVARD; THENCE NORTH 00 °00'00" EAST, ALONG SAID WEST RIGHT- OF-WAY LINE, A DISTANCE OF 338.36 FEET TO THE PLACE OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 89 °51'00" WEST, A DISTANCE OF 110.1 I FEET; THENCE NORTH 00'02'1 8' EAST, A DISTANCE OF 57.82 FEET; THENCE NORTH 89 °51'00" EAST, A DISTANCE OF 110.07 FEET TO A POINT ON SAID WEST RIGHT- OF-WAY LINE; THENCE SOUTH 00 °00'00" WEST ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 57.82 FEET TO THE PLACE OF BEGINNING. PARCEL IV: LOTS NUMBERED THREE HUNDRED THIRTY -NINE (339), THREE HUNDRED FORTY (340), THREE HUNDRED FORTY -FIVE (345), AND THREE HUNDRED FORTY -SIX (346) AS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL, NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, TOGETHER WITH THE VACATED ALLEYS LYING BETWEEN SAID LOTS 339, 340, 345 AND 346. PARCEL V: LOTS NUMBERED THREE HUNDRED THIRTY -EIGHT (338), AND THREE HUNDRED FORTY - FOUR (344) AS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL, NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, TOGETHER WITH THE VACATED ALLEYS LYING BETWEEN SAID LOTS 338 AND 344. PARCEL VI: PART OF THE SOUTH HALF (1/2) OF LOT NUMBERED TWENTY -TWO (22) AS SHOWN ON THE RECORDED PLAT OF COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW THE CITY OF SOUTH BEND, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 22; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 22, 344.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 22 (BEING ALSO THE EAST LINE OF NOTRE DAME AVENUE), 102.67 FEET; THENCE SOUTHEASTERLY 285.02 FEET TO A POINT THAT IS 59.50 FEET WEST OF THE EAST LINE OF SAID LOT 22; THENCE SOUTH ALONG A LINE 59.50 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 22, 59.85 FEET; THENCE EAST A RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 59.50 FEET TO THE EAST LINE OF SAID LOT 22; THENCE SOUTH, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, ALONG THE EAST LINE OF SAID LOT 22 (BEING ALSO THE WEST LINE OF FRANCES STREET), 25.04 FEET TO THE POINT OF BEGINNING. PARCEL VII: LOTS NUMBERS TWO (2) THROUGH FIVE (5), SEVEN (7) THROUGH TEN (10), AND TWELVE (12) THROUGH FIFTEEN (15) AS SHOWN ON THE RECORDED PLAT OF GEORGE BECK'S FIRST ADDITION TO THE CITY OF SOUTH BEND. ALSO LOTS NUMBERED EIGHTEEN (18) THROUGH TWENTY (22), TWENTY -THREE (23), TWENTY -FOUR (24), AND TWENTY -SEVEN (27) AS SHOWN ON THE RECORDED PLAT OF GEORGE BECK'S SECOND ADDITION TO THE CITY OF SOUTH BEND, TOGETHER WITH THE VACATED ALLEYS LYING BETWEEN SAID LOTS AND ADJACENT THERETO, AND EXCEPTING THEREFROM THAT PART OF SAID LOTS ACQUIRED BY THE CITY OF SOUTH BEND FOR NORTHSIDE BOULEVARD FOR STREET PURPOSES. Be and the same is hereby established as SF2 Single Family Two Family 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. Attest: City Clerk Member of the Common Council stft a t mo la only to pm-e on �}pl�� s.,r g� ,r >d /(1�RR(}r,1,9 {r"ej4� :S,tii pY fSd� >R73 i _ &C W � nil tas i:i0v+'< Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock m. Approved and signed by me on the .m. i st READING &-�q .I S/ PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of 20 , at o'clock Mayor of the City of South Bend, Indiana Filed ill `iCe 4 1014 JuFi CITY CLEW -, :s, v JiiND, IN PETITION FOR A COMBINED HEARING 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: NW corner of Northside Blvd., Notre Dame Avenue & Frances Street (commonly known as the Transpo Site) 2) The property Tax Key Number(s) is /are: 018- 6004 -0096, 018- 6004 -0103, 018- 6012- 027101, 018- 6004 - 009901, 018- 6004 -0104, 018- 6006 - 016602, 018- 6008 -0183 and part ofparcels 018- 6004 -0099, 018- 6002 -0040, 018- 6012 -0271, 018- 6004 -0097 3) Name and address of property owner(s) of the petition site: South Bend Public Transportation Corp. P.O. Box 1437 South Bend, IN 46624 Phone Number: 574- 233 -2131 E -Mail Address: Name and address of additional property owners, if applicable: . 4) Name and address of contingent purchaser(s), if applicable: Century Builders, Inc. 314 W Catalpa, Suite F Mishawaka, IN 46545 Phone Number: 574- 277 -4171 E- MailAddress: david @centurycustombuilders.com Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: MU -Mixed Use District and MFl- Urban Corridor Multifamily District To: SF2 Single Family and Two Family District 6) This rezoning is requested to allow the following use(s): Urban core single family housing 7) If applicable, a detailed description and the purpose of the variance(s) being requested: (See attached Conceptual Exhibit drawing) 1) From the required lot width for a single family dwelling of 40 feet to 29 feet for Parcels B & F 2) From the required 25 foot front yard setback to a 15 foot setback for all lots; and 3) From the required side yard of f ve (5) feet or 10% of lot width, whichever is greater, to a side yard setback of 4 feet for all lots 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: The reduced setbacks and lot width allow homes to be built in the development that will be consistent with the adjacent neighborhoods. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; The parcels are currently vacant with adjacent parcels being mixed zoning of residential, mixed use and light industrial. The Petitioner is proposing to construct new homes that would be consistent in size and value of other homes in the area. The surrounding property value will not be affected adversely, only improved due to commitment to the redevelopment of the neighborhood. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Requiring to abide by the existing required lot width and front and side yard setback requirements would result in practical difficulties since the proposed house plans would not fit on the proposed lots and the overall project would not be able to sustain the housing density required for the overall project. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 11) 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) six (6) site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Daryl S. Anip, PE Abonmarche Consultants, Inc. 750 Lincoln Way East South Bend, IN 46601 Phone Number: 574- 232 -8700 E- MailAddress: dknip @abonmarche.com Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): South Bend Public Transportation Corp. r Red in Clerk's Office .I FEB - `i.j_.� sa�isa'a�r�i�s CITY CLERK, SOUTH SEND, IN St. Joseph Parcels County Parcels Roe PARCELID NAME MAILINGAD MAILINGCIT MAILI MAILIN PROP—ADD PROP CITY PRO PROP _Z _t D NGST GZIP R — P ST IP 1 018 -6003- TARTAGLIA STEPHANIE M 1009 W 77th Kansas City MO 64114 227 NOTRE South Bend IN 46617 0074 St DAME 2101 8-6001- CITY OF SOUTH BEND 1200 County South Bend IN 46601 ST South Bend IN 46615 - 0003 City Bldg JV/L LOUIS 3 018 -6004- SOUTH BEND PUBLIC 910 E 401 NOTRE 0099 TRANSPORTATION CORP Northside BI South Bend IN 46624 DAME South Bend IN 46617 4 018 -6003- RIFFEL ANDREW PO Box 123 Notre Dame IN 46556 228 ST South Bend IN 46613 0076 PETER 5 018 -6002- SOUTH BEND PUBLIC 901 E 18 300 BLK 0040 TRANSPORTATION CORP Northside BI South Bend IN 46624 NOTRE South Bend IN 46617 DAME 018 -6012- INDIANA AND MICHIGAN Po Box 18 VAC LOT 6 0275 ELECTRIC CO ATT TAX 16428 Columbus OH 43216 NORTHSIDE South Bend IN 46613 DEPARTMENT BL 7 018 -6004- SOUTH BEND PUBLIC 314 ST 0096 TRANSPORTATION CORP PO Box 1437 South Bend IN 466P4 PETER South Bend IN 46617 8 018 -6004- SOUTH BEND PUBLIC PO Box 1437 South Bend IN 46624 319 NOTRE South Bend IN 46617 0103 TRANSPORTATION CORP DAME 9 018 -6012- 0270 CITY OF SOUTH BEND 1200 County South Bend IN 46601 V2 South Bend IN 46617 City Bldg NORTHSIDE 018-6012- SOUTH BEND PUBLIC 401 NOTRE 10 027101 TRANSPORTATION CORP PO Box 1437 South Bend IN 46624 DAME AVE South Bend IN 46617 833 NORTH 018 -6012- SOUTH BEND PUBLIC 815 _11 0271 TRANSPORTATION CORP PO Box 1437 South Bend IN 46624 NORTHSIDE South Bend IN 46601 BLVD 12 018 -6001- CITY OF SOUTH BEND 1200 County South Bend IN 46601 VAC LOT South Bend IN 46617 0002 City Bldg 202 018 -6003- 13 0075 GUO HONG 827 E Wayne South Bend IN 46617 827 WAYNE South Bend IN 46617 018 -6004- SOUTH BEND PUBLIC 14 009901 TRANSPORTATION PO Box 1437 South Bend IN 46624 CORPSEE NOTES 15 018 -6002- SOUTH BEND PUBLIC 901 E 300 ST 004001 TRANSPORTATION CORP Northside BI South Bend IN 46624 LOUIS S & South Bend IN 46617 ADJ 16 0043 002 SCHEFMEYER DONALD H LoO s St South Bend IN 46617 722 WAYNE South Bend IN 46617 PARKVIEW ATRIUM OFFICE PLAZA LP 24.53 % 17 018 -6002- INT & LODDER DIETER W & MONIKA M TRUSTEE 188 N Eucid Ave 300 ST 0031 OF 2nd Upland CA 91786 LOUIS South Bend IN 46617 THE DIETER W & MONIKA Floor M LODDER LIVING TRUST 75.47% INT 18 018-6002- SCHEFMEYER DONALD H 300 S St South Bend IN 46617 726 WAYNE South Bend IN 46617 0044 Louis 81 19 018-6004- HELD TED Z AND CECILIA E Wayne South Bend IN 46617 802 WAYNE South Bend IN 46617 0086 St St 018 -6004- 20 0087 HELD TED Z AND CECILIA 802 E Wayne South Bend IN 46617 804 WAYNE South Bend IN 46617 21 018 -6004- TERAGRAM PROPERTIES 33272 Old 0088 LLC Post Rd Niles MI 49120 806 WAYNE South Bend IN 46617 22 018 -6004- GROSS & COHEN NOTRE 832 NORTH 0090 DAME II LLC NOTRE South Bend IN 46617 810 WAYNE South Bend IN 46617 DAME AVE 018 -6004- CAMPUS HOUSING AT 836 N Notre 23 0092 SOUTH BEND LLC Dame Ave South Bend IN 46617 814 WAYNE South Bend IN 46617 Suite 1 D 018 -6004- 14221 Dallas 24 0100 FANNIE MAE Pkwy Ste Dallas TX 75254 816 WAYNE South Bend IN 46617 11201 25 018 -6004- LEACH RICHARD R AND 824 E Wayne South 824 WAYNE 0101 CHARLOTTE A St Bend IN 46617 ST South Bend IN 46617 26 018 -6004- GRING SCOTT A & 828 E Wayne 0102 WHITEMAN GRING M PAT St South Bend IN 46617 828 WAYNE South Bend IN 46617 27 018 -6006- 306 NOTRE DAME LAND 812E 306 NOTRE 016503 TRUST Lasalle South Bend IN 46617 DAME AVE South Bend IN 46617 28 018 -6006- EAST BANK OFFICE 126 Chestnut Fort Wayne IN 902910-916 0165 CENTER LLC Hills Pkwy 46814 WAYNE South Bend IN 46617 29 018 -6004- SOUTH BEND PUBLIC 318 ST 0097 TRANSPORTATION CORP p0 Box 1437 South Bend IN 46624 PETER South Bend IN 46617 30 018 -6004- SOUTH BEND PUBLIC PO Box 1437 South Bend IN 46624 321 NOTRE South Bend IN 46617 0104 TRANSPORTATION CORP DAME 31 018 -6002- SCHEFMEYER DONALD H 300 S St South Bend IN 46617 311 ST South Bend IN 46617 0048 Louis Blvd PETER 32 018 -6003- GROSS & COHEN NOTRE 832 NORTH 0072 DAME LLC NOTRE South Bend IN 46617 815 WAYNE South Bend IN 46617 DAME AVE 33 018 -6003- DEPOY MERCEDES A 0073 REVOC TR 6 -15 -95 819 E Wayne South Bend IN 46617 819 WAYNE South Bend IN 46617 34 018-6007- GILMORE RESIDENTIAL REAL ESTATE LLP % 7187 North 230 NOTRE 0173 point Rd New Carlisle IN 46552 DAME South Bend IN 46617 ELIZABETH GILMORE 35 018 -6004- GROSS & COHEN NOTRE 832 N Notre 312 ST 0093 DAME LLC Dame South Bend IN 46617 PETER South Bend IN 46617 Avenue 36 018 -6004- BOOTH JANIS A 16969 Hidden Vally Granger IN 46530 309 NOTRE South Bend IN 46617 010201 DAME Dr 37 018-6002- SCHEFMEYER DONALD H 300 S South Bend IN 46617 307 ST South Bend IN 46617 0045 Louis BI PETER 38 018 -6001- CITY OF SOUTH BEND 1200 County South Bend IN 46601 305 ST South Bend IN 46617 0001 City Bldg LOUIS PARKVIEW ATRIUM OFFICE PLAZA LP 24.53 % 39 018 -6002 _ INT & LODDER DIETER W & MONIKA M TRUSTEE 188 N Eucid 300 ST 0031 OF Ave 2nd Upland CA 91786 LOUIS South Bend IN 46617 THE DIETER W & MONIKA Floor M LODDER LIVING TRUST 75.47% INT 018-6007- GILMORE RESIDENTIAL 7187 North 236 NOTRE 40 0174 REAL ESTATE LLP % Point Dr New Carlisle IN 46552 DAME South Bend IN 46617 ELIZABETH GILMORE AVENUE 41 018-6003- 0078 HOCHSTETLER BLAKE 5602 York South Bend IN 46614 809 E South Bend IN 46615 Rd WAYNE 42 018 -6003- 0079 MAJESKI BRUCE D S 21ST ST ST South Bend IN 46615 813 WAYNE South Bend IN 46613 43 018 -6003- GIDEON BERGER AND 309 S Logan South Bend IN 46615 234 ST South Bend IN 46615 0077 NAOMI PETER 44 018 -6002- ZION UNITED CHURCH OF 715 E Wayne South Bend 224 ST 0018 CHRIST St IN 46617 LOUIS South Bend IN 46617 45 018 -6002- ZION UNITED CHURCH OF 715 E Wayne South 223 ST 0029 CHRIST St Bend IN 46617 PETER LOT South Bend IN 46617 261 46 018 -6003- MCKINNIES JAMES & 51563 Dade 224 ST 0060 KIMBERLY Ct South Bend IN 46628 PETER South Bend IN 46617 47 018 -6002- UNITED CHURCH OF 715 E Wayne South Bend 236 ST 0020 CHRIST ZION CHURCH St IN 46617 LOUIS South Bend IN 46617 48 018 -6002- 0017 SCHEFMEYER DONALD H 300 S Saint Louis Blvd South Bend IN 46617 216 ST South Bend IN 46617 Ste 102 LOUIS 49 018 -6001- 0002 CITY OF SOUTH BEND 1200 County South Bend IN 46601 VAC LOT South Bend IN 46617 City Bldg 202 50 018 -6002- UNITED CHURCH OF 715 E Wayne South Bend IN 46617 230 ST South Bend IN 46617 0019 CHRIST ZION CHURCH St LOUIS 018 -6002- UNITED CHURCH OF 715 E Wayne 51 0030 CHRIST ZION CHURCH St South Bend IN 46617 715 WAYNE South Bend IN 46617 52 018 -6003 - MARTIN JOSHUA R & County Kerry Granger IN 46530 226 226 1/2 South Bend IN 46617 0061 JENIFER L Dr ST PETER 53 018 -6002- ZION UNITED CHURCH OF 715 E Wayne South Bend IN 46617 220 ST 001801 CHRIST St. LOUIS South Bend IN 46617 54 018 -6002- UNITED CHURCH OF 715 E Wayne South Bend 221 ST 0028 CHRIST ZION CHURCH St IN 46617 PETER South Bend 1IN 46617 55 018 -6002- ZION UNITED CHURCH OF 715 E Wayne South Bend IN 215 ST 0027 CHRIST St 46617 PETER South Bend IN 46617 56 018 -6009- 436S 436S 0193 MILLER GREG M FRANCIS ST South Bend IN 46617 FRANCES South Bend IN 46617 STREET 57 018-6009- BIG FOREHEAD CLUB LLC 318 S South Bend IN 46617 526 South Bend IN 46617 0199 Francis St FRANCES 018 -6013- ST JOSEPH VALLEY 58 0313 DETACHMENT MARINE 539 Parry St South Bend IN 46617 535 PARRY South Bend IN 46617 CORPLEAGUE 59 018 -6006- 016403 MILLER KYLE A 1012 Quimby South Bend IN 46617 V/L WESTERN South Bend IN 46617 St AVE 018 -6013- 60 0301 PHILLIPS EUGENE 501 Parry South Bend IN 46617 501 PARRY South Bend IN 46617 61 018 -6009- ALBERT DAVID W 514 South South Bend IN 46617 514 S South Bend IN 46617 0196 Frances St FRANCES 018 -6013- THE ROBERT HENRY 62 0295 CORPORATION Po Box 1407 South Bend IN 46624 425 PARRY South Bend IN 46617 63 018 -6006- THE ROBERT HENRY P O Box PAVED LOT 016402 CORP 1407 South Bend IN 466P4 FRANCIS South Bend IN 46615 64 018 -6013- JOHNSON PATTIE 433 Parry ST South Bend IN 46617 433 PARRY South Bend IN 46617 0298 65 018 -6008 ROBERT HENRY CORP P O Box South Bend IN 46624 432 South Bend IN 46617 0191 1407 FRANCIS 66 018 -6008- THE ROBERT HENRY CORPORATION P.O. BOX 404S 428S 0190 Frances South Bend IN 46624 FRANCES South Bend IN 46617 1407 018 -6013- 52295 67 0296 HILL JEFFREY M Indiana State South Bend IN 46637 429 PARRY South Bend IN 46617 Route 933 68 018 -6009 - MATALON DROR AND 520S 520S 0197 LILACH Frances St South Bend IN 46617 FRANCES South Bend IN 46617 69 018 -6013- 0308 CLARK DENISE ST PARRY ST South Bend IN 46617 521 PARRY South Bend IN 46617 70 018 -6010- ST JOSEPH VALLEY PARRY 0201 MARINE CORP LEAGUE 539 Parry St South Bend IN 46615 1539 ST South Bend IN 46617 71 018-6008- 0189 ROBERT HENRY CORP Box South Bend IN 46624 South Bend IN 46617 1 40 0 7 1 FR FR ANCES 72 018 -6013- SHELEFF PAZIT AND 2043 South 031201 SHEMESH ODED LIPA Bend AVe South Bend IN 46637 531 PARRY South Bend IN 46617 Ste 208 73 018 -6013- 0312 EVANS ANDREW T 527 PARRY ST South Bend IN 46617 527 PARRY South Bend IN 46617 74 018 -6009- 0198 RADOMILLE PAULO R 17336 MCERLAIN South Bend IN 46635 South Bend IN 46617 ST FRANCES 75 018 -6009- 019801 RADOMILLE PAULO R 17336 MCERLAIN South Bend IN 466351 South Bend IN 46617 ST FRANCIS 76101 8 -6009- WARREN JOHN A AND 512S 512S 0195 SANDRA K Frances St South Bend IN 46617 FRANCES South Bend IN 46617 STREET 018 -6013- PHILLIPS CORA MAE & 855 Buena 77 0307 PHILLIPS -MINKS ELIANE Vista Street Ventura CA 93001 517 PARRY South Bend IN 46617 JT W /FROS #4 018 -6013- 52295 78 0297 HILL JEFFREY M Indiana State South Bend IN 46637 431 PARRY South Bend IN 46617 Route 933 79 018 -6013- SISK MATTHEW LAND 0288 HENECKE JENNIFER L 415 Parry St South Bend IN 46617 415 PARRY South Bend IN 46617 80 - 016602 SOUTH BEND PUBLIC 901 E North Side Blvd Po South 304 NOTRE 016602 TRANSPORTATION Bend IN 466P4 DAME South Bend IN 46617 Box1 81 018 -6009- WARREN JOHN A & 512S V/L 0194 SANDRA K Frances St South Bend IN 46617 FRANCIS South Bend IN 46617 82 018 -6013- 0302 PHILLIPS EUGENE 509 Parry South Bend IN 46617 509 PARRY South Bend IN 46617 83 018 -8013- CUELLAR JOSE & MARTIN 0283 JT W FROS & NOT AS TIC 411 Parry South Bend IN 46617 411 PARRY South Bend IN 46617 018 -6013- THE ROBERT HENRY 84 0290 CORPORATION Po Box 1407 South Bend IN 46624 421 PARRY South Bend IN 46617 85 018 -6008- THE ROBERT HENRY 420S 420S 0188 CORPORATION Francis St South Bend IN 46617 FRANCES South Bend IN 46617 86 018 -6013- 0289 ROBERT HENRY CORP 1 40 0 7 Box 1 South Bend IN 1 46624 419 PARRY South Bend IN 46617 87 018 -6012- 0270 CITY OF SOUTH BEND 1200 County City Bldg South Bend IN 46601 V/L NORTHSIDE South Bend IN 46617 88 018 -6013- BLEVINS JEREMY AND 0280 NATOS NATOSHA R 403 Parry St South Bend IN 46617 403 PARRY South Bend IN 46617 402S 89 018 -6008- SO. BEND PUBLIC 402S South Bend IN 46617 NOTRE South Bend IN 46617 0183 TRANSPORTATION CORP Frances St DAME AVENUE 90 018 -6008- 0184 HENRY - WILLIAMS INC 404S Francis P O South Bend IN 46624 South Bend IN 46617 Box 1407 FRANCES 91 018 -6013- HENRY - WILLIAMSAN 4045 Francis Po 1012 0282 INDIANA CORP South Bend IN 46624 WESTERN South Bend IN 46617 Box 1407 92 018 -6013- HENRY - WILLIAMS AN 404S Francis Po South 1014 0281 INDIANA CORP Bend IN 46624 WESTERN South Bend IN 46617 Box 1407 93 018 -6006- 0137 BUNDY MARY E 318 Frances South Bend IN 46617 314 South Bend IN 46615 St FRANCIS 94 018 -6006 - EAST BANK OFFICE 126 Chestnut Fort Wayne IN 920E 016501 CENTER LLC Hills Pkwy 46814 WAYNE South Bend IN 46617 95 018 -6006- HOWARD PARK NEIGHBORHOOD ASSOC 318S South Bend IN 46617 1002 South Bend IN 46617 0163 IN Frances QUIMBY 96 0162 018 -6006- BEADIN NANETTE AND 1004 LOUISE BETHANY Quimby South Bend IN .46617 1004 South Bend IN 46613 QUIMBY 97 018 -6006- SPEELMAN JAMES AND 1013 Quimby South Bend 1006 0161 SHIRLEY St IN 46617 QUIMBY South Bend IN 46617 98 0160 006- HOLMES ERICK A 8615 Glick 20 Elkhart IN 46514 South Bend IN 46613 QUI MBY QUIMBY 99 018 -6006- SPEELMAN JAMES H AND 1013 Quimby South Bend 1010 0158 SHIRLEY A St IN 46617 QUIMBY South Bend IN 46617 018 -6006- MILLER KYLE ASEE 5134 100 015601 TRANSFER NOTE Hazelwood South Bend IN 46614 V/L QUIMBY South Bend IN 46617 Ct 101 018 -6006- GLUCHOWSKI GREGORY 1805 N Mishawaka 325 0166 JSEE TRANSFER NOTE Cedar IN 46545 FRANCIS South Bend IN 46617 102 018 -6006- GLUCHOWSKI GREGORY 1805 N 325 016603 J Cedar Mishawaka IN 46545 FRANCIS South Bend IN 46617 LOT 22 103 018 -6006- BUNDY MARY E 318 Frances South Bend IN 46617 318 South Bend IN 46637 0138 St FRANCIS 104 018 -6006- 0139 PRINCE ROY 1009E South Bend IN 46617 1009 South Bend IN 46617 Quimby St QUIMBY 105 018 -6006- SPEELMAN JAMES & 1013 Quimby South Bend IN 46617 1013 South Bend IN 46617 0142 SHIRLEYANN QUIMBY 106 018 -6006- GLUCHOWSKI GREGORY 1805 N South Bend IN 46617 FRANCIS South Bend IN 46617 016502 JSEE TRANSFER NOTE Cedar LOT 22 107 018 -6006- KRAMER PROPERTIES 812E South Bend 310 0136 LLC Lasalle Ave IN 46617 FRANCES South Bend IN 46617 108 018 -6006- LETHERMAN MATTHEW 56521 State 308 0135 AND ANDREA Rd 15 Bristol IN 46507 FRANCES South Bend IN 46613 109 018 -6006- 0134 EAST WAYNE HOMES LLC 824 Mishawaka IN 46544 1006 South Bend IN 46617 Lincolnway E WAYNE 110 018 -6006- MILLER KYLE A 1012 Quimby South Bend IN 466171101 2 South Bend IN 46617 0156 QUIMBY Flic -d in Clerk' I JC21 ;V Vi:CFTQi2 CITY CLERK, SOUTH SEND, ENS 0 I : r- --- - --- . ...-:r. II II ii II o ale °•l �g:g� g 'l :g �gl mIA69NMARCHE BLOCK EXHIBIT l RIVERWALK DEVELOPMENT (.s_e,m"°� c,,,,w CONCEFTUAL CENTURY BUILDERS L- L--j L--i--.i --- L-i i J --- i --- L i L- : r- --- - --- . ...-:r. II II ii II o ale °•l �g:g� g 'l :g �gl mIA69NMARCHE BLOCK EXHIBIT l RIVERWALK DEVELOPMENT (.s_e,m"°� c,,,,w CONCEFTUAL CENTURY BUILDERS