HomeMy WebLinkAbout03-09-15 Agenda, Packet & Committee Meeting NoticeOffice of the City Clerk
JOHN VOORDE, CITY CLERK
March 5, 2015
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meetings have been scheduled for
Monday. March 9, 2015, in the Council Informal Meeting Room, 411 Floor County -City
Building, 227 W. Jefferson Blvd., South Bend, Indiana:
4:30 P.M. PUBLIC WORKS & PROPERTY
VACATION VALERIE SCHEY, CHAIRPERSON
1. Bill No. 03 -15 —Street and Alley Vacation for the next phase of Ignition Park
South — Various streets and alleys, Kemble, Indiana, Scott St. Area
4:35 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1. Bill No. 08 -15 —Amend Ordinance 10346-15— Park Bond
4:50 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON
1. Bill No. 15 -13 — Concerns with land assessments and looking for amicable
solutions with taxpayer's best interests in mind.
Council President Tim Scott has called an Informal Meeting of the Council which will
commence immediately after the adjournment of the Personnel & Finance Committee.
INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor Pete Buttigieg
Committee Meeting List
Media
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
455 County -City Building . 227 W. Jefferson Blvd -South Bend. Indiana 46601 . 574/235 -9221 . Fax 574235 -9173
KAREEMAH FOWLER JANICE TALELOOM EMILY SEXTON
CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK
A f, FN T1A
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, MARCH 9, 2015 7:00 P.M.
1. INVOCATION - PASTOR RIKARDO TAYLOR - MT. CARMEL MISSIONARY
BAPTIST CHURCH
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
15 -12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING
CINDY WARD FOR NEARLY 30 YEARS OF EXCELLENCE AS A
NEWS ANCHOR AT WSBT 22 AND FOR A MOST NOTABLE 40-
YEAR JOURNALISM CAREER
6. REPORTS OF CITY OFFICES
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
RTT.T. Nn
03 -15 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTIES: ALL PUBLIC ALLEYS AND STREETS
BOUNDED BY KEMBLE STREET ON THE WEST, THE NORFOLK
& SOUTHERN RAILROAD (OLD PENN CENTRAL RR) ON THE
NORTH, SCOTT STREET ON THE EAST AND INDIANA AVENUE
ON THE SOUTH ALL IN THE CITY OF SOUTH BEND, INDIANA
08 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE
NO. 10346 -15 IN ACCORDANCE WITH SECTION 11 THEREOF
AND OTHER MATTERS CONNECTED THEREWITH AND REPEALING
ORDINANCES INCONSISTENT HEREWITH
8. BILLS, THIRD READING
BIT,T, NO.
TIME:
03 -15 THIRD READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTIES: ALL PUBLIC ALLEYS AND STREETS
BOUNDED BY KEMBLE STREET ON THE WEST, THE NORFOLK
& SOUTHERN RAILROAD (OLD PENN CENTRAL RR) ON THE
NORTH, SCOTT STREET ON THE EAST AND INDIANA AVENUE
ON THE SOUTH ALL IN THE CITY OF SOUTH BEND, INDIANA
08 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE
NO. 10346 -15 IN ACCORDANCE WITH SECTION 11 THEREOF
AND OTHER MATTERS CONNECTED THEREWITH AND REPEALING
ORDINANCES INCONSISTENT HEREWITH
9. RESOLUTIONS
RTT,T, NO-
15-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, VOICING CONCERN OVER MANY OF
THE ASSESSMENTS OF LAND IN THE CITY AND SEEKING
AMICABLE SOLUTIONS OF THESE CONCERNS WHICH ARE IN
THE BEST INTERESTS OF THE TAXPAYERS
10. BILLS, FIRST READING
RTLL NO.
09 -15 FIRST READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1221 MIAMI
STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF
SOUTH BEND, INDIANA
10 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN ENTERPRISE OPERATIONS
IN 2015 OF $875,000 FROM PARKING GARAGE FUND ( #601)
AND $66,156 FROM CENTURY CENTER FUND ( #671)
11
WA
13
i[!
11 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY
SERVICES OPERATIONS IN 2015 OF $30,000 FROM
STUDEBAKER OLIVER REVERTING GRANTS FUND ( #209),
$2,000,000 FROM ECONOMIC DEVELOPMENT STATE GRANT
FUND ( #210), AND $21,157 FROM CENTRAL SERVICES FUND
( #222)
12 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 2015
UNFINISHED BUSINESS
A. REFERRAL FROM THE AREA PLAN COMMISSION
1. BILL NO. 02 -15 - REZONING FOR IGNITION PARK SOUTH -
VARIOUS ADDRESS, INDIANA, PRAIRIE, KEMBLE CATALPA,
CHAPIN AREA
NEW BUSINESS
PRIVILEGE OF THE FLOOR
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.
o
Lunch, f-/arnerr AT associates, Inc.
Land Surveyors Professional Engineers
Landscape Architects W Land Planners
1643 Commerce Drive
Honorable Members of the City of
South Bend Common Council
0' Floor County -City Building
South Bend, Indiana 46601
3 Fax: (574)234 -,
South Bend, IN 46628
March 5, 2015
RE: Bill No. 03 -15, Vacation Petition for several Alleys & Streets bounded by Kemble Street on
the West, the Norfolk & Southern Railroad (Old Penn Central RR) on the North, Scott Street on
the East and Indiana Avenue on the South all in the City of South Bend, Indiana:
Dear Council Members:
On behalf of our clients, City of South Bend Department of Community Investment, we are
requesting that Bill No. 03 -15 be tabled until the March 23, 2015 meeting of the Council. We are
requesting this tabling to allow the above Bill to be heard at the same time as the Rezoning
Petition for this same area.
If you have any questions concerning this matter, please feel free to give me a call at 234-
4003.
Sincerely,
Michael J. Danch
President
Danch, Hamer & Associates
Cc: David Relos Community Investment
File #140249.2
Red in f'gs: Of1flCe
az :•;J .. � LJ 1�
JCIPa ,
IfI
CITY CLERK,
im
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
.SOUTH BEND, INDIANA 46601 -1830
PHONE 574/235 -9251
Fax 574/235 -9171
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
"j-
��L(G�o
February 10, 2015 {�
Michael Danch J
Danch, Harper & Associates, Inc.
1643 Commerce Drive
South Bend, IN 46628
RE: Alley and Street Vacations — All Public Alleys and Streets Bounded by Kemble St. on the
West, the Norfolk & Southern Railroad on the North, Scott St. on the East, and Indiana Ave.
on the South (Preliminary Review)
Dear Mr. Danch:
The Board of Public Works, at its February 10, 2015, meeting reviewed comments by the
Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police
Department, and the Solid Waste Division regarding the above referenced vacations. The following
comments and recommendations were submitted:
Area Plan stated that the vacations would not hinder the growth or orderly development of the
unit or neighborhood in which it is located or to which it is contiguous. The vacations would not make
access to the lands of the aggrieved person by means of public way difficult or inconvenient. The
vacations would not hinder the public's access to a church, school or other public building or place.
The vacations would not hinder the use of a public right of way by the neighborhood in which it is
located or to which it is contiguous.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacations
of these alleys and streets.
Please contact Tony Molnar at (574) 235 -9254 prior to Picking up our radius map,
will need a radius map showing properties within 150' of the proposed vacations for your petition to
the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your
alley vacation packet.
c:
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Sincerely,
Linda M. Martin, Clerk
GARY A. GI LOT DAVID P. RELOs KATHRYN E. Roos PATRICK M. HENT14ORN BRIAN J. PAWLOWSKI
1*14 Danch, Harner & Associates, Inc.
Michael J. Danch, L.A., ASLA
Ron Harper, P.S.
Ms. Linda Martin
Board of Public Works Secretary
131h Floor County -City Building
South Bend, Indiana 46601
Land Surveyors • Professional Engineers
Landscape Architects • Land Planners
January 23, 2015
RE: Favorable recommendation to allow the vacation of several Alleys & Streets bounded by Kemble
Street on the West, the Norfolk & Southern Railroad (Old Penn Central RR) on the North, Scott Street on
the East and Indiana Avenue on the South all in the City of South Bend, Indiana:
Dear Board Members;
Please accept this letter as our firm's written request on behalf of our client, City of South Bend and
the Department of Community Investment for the City to request that the South Bend Board of Public
Works grant a favorable recommendation to vacate all public Alleys & Streets bounded by Kemble Street
on the West, the Norfolk & Southern Railroad (Old Penn Central RR) on the North, Scott Street on the
East and Indiana Avenue on the South all in the City of South Bend, Indiana.
The City of South Bend and the Department of Community Investment are in the process of
developing the property for next portion of Ignition Park which will be known as "Ignition Park South ".
For the convenience of the Board Members we have attached a diagram showing the project area. We
have highlighted in yellow on that plan all the existing Alleys and Streets we are requesting a vacation.
We have submitted a Vacation request to the City Clerk's office for above project area. That Vacation
Petition is scheduled to be heard before the City Council on March 9'h. As part of the Vacation process we
are required to receive a recommendation from the Board of Public Works regarding said vacation
request.
On behalf of our clients we would ask for a favorable recommendation on the request to vacate said
public alleys and streets.
If you have any questions please feel free to give me a call at 234 -4003.
erely,
ichael J. Dare
President
Danch, Harner & Associates, Inc.
1643 Commerce Drive • South Bend, IN 46628 208 West Mars • Berrien Springs, MI 49103
Office: (574) 234 -4003 / (800) 594 -4003 • Fax: (574) 234 -4119 Office: (269) 471 -3010 • Fax: (269) 471 -7237
VACATION DIAGRAM
A PART OF THE NORTHWEST AND NORTHEAST QUARTERS OF SECTION 14, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
e e..
AREA TO BE VACATED
0 200 400 600
I-�I -Q
1,4:1 OX.
- ti1PROVED
130a rd of Public Work,
VACATI 0 N DIAGRAM
A PART OF THE NORTHWEST AND NORTHEAST QUARTERS OF SECTION 14, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
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Of Public Works
INTER - OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 1/2612015
TO: Michael Bronstetler, Street Department
Jitin Kain, Community Investment
Federico Rodriguez, Fire Department
Larry Magliozzi, Area Plan Commission (Imaglioz17g co st.
ioseoh.in us or 235 -9813 fax)
Gene Eyster, Police Department
Phil Griffin, NIPSCo (pmgriffinQnisource com) (FYI Only)
FROM: Linda M. Martin, Clerk Jar "'
SUBJECT: _ REQUEST FOR RECOMMENDATION - ALLEY VACATION
APPLI CAN T: Dancharer
, Hn & Associates
... ... .. _ C rry �� c�.(rt/ ifrelo
LOCATION: West, the Norfolk & Southern Railroad on he North, Scott
St, on the East, and Indiana Ave, on the South
DATE DUE: February 3, 2015
FAX OR E -MAIL TO: 23s -9171 % imartin(o�southbendfn qoy
PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING
IC 36 -7 -3.13 CRITERIA:
1. The vacation weaid /would not hinder the growth or orderly development of the
unit or neighborhood in which it is located or to which it is contiguous.
2. The vacation woefd /would not make access to the lands of the aggrieved person
by means of public way difficult or inconvenient.
3. The vacation waald/would not hinder the public's access to a church, school or
other public building or place.
4. The vacation would /would not hinder the use of a public right -of -way by the
neighborhood in which it is located or to which it is contiguous.
COMMENTS:
By l"A Date
Elizabeth Horvath
From: Michael Bronstetter
Sent: Tuesday, January 27, 2015 6:28 AM
To: Elizabeth Horvath
Subject: RE: Alley /Street Vacation - Various Locations - Danch, Harner & Associates
Solid Waste has no objections.
Thanks,
'Alm" Mike Bronstetter
f . Manager of Solid Waste Operations
3113 Riverside Dr.
South Bend, Indiana
Phone: (574) 235 -5795
mbronste@southbendin.gov
From: Elizabeth Horvath
Sent: Monday, January 26, 2015 11:16 AM
To: Michael Bronstetter; Jitin Kain; Federico Rodriguez; Imaglioz @co.st- joseph.in.us; Eugene Eyster;
pmgriffin@nisource.com
Subject: Alley /Street Vacation - Various Locations - Danch, Harner & Associates
Plccse provide You: ° rccen',me -ndoi ions.
Uffy X cw vaft(1v
3: -�iL E =.nC, iF: X660?
�,7k- 238 -276F.
Ihorvoth@southbendin aov
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Elizabeth Horvath
From: Eugene Eyster
Sent: Monday, January 26, 2015 12:17 PM
To: Elizabeth Horvath; Michael Bronstetter; Jitin Kain; Federico Rodriguez; Imaglioz @co.st -
joseph.in.us; pmgriffin @nisource.com
Subject: RE: Alley /Street Vacation - Various Locations - Danch, Harner & Associates
Ms. Horvath,
The Police Department would have no objection to the attached closings.
Lt. Eyster
From: Elizabeth Horvath
Sent: Monday, January 26, 2015 11:16 AM
To: Michael Bronstetter; Jitin Kain; Federico Rodriguez; Imaglioz @cost- joseph.in.us; Eugene Eyster;
pmgriffin @nisource.com
Subject: Alley /Street Vacation - Various Locations - Danch, Harner & Associates
least provide your necomincanda9�ons.
Lv"y Harvuthv
Dcportmcnt rf Public VvorkF
Per; 7i,ou Se.crctery
it% �': ?cfferscn 61vd.,£-uiiE 'r ?SG
SOOih Bond, JN 46601
v'iS -i.i J-�168
Ihorvath@southbendin.gov
im
Elizabeth Horvath
From: Federico Rodriguez
Sent: Monday, January 26, 2015 1:08 PM
To: Elizabeth Horvath
Subject: RE: Alley /Street Vacation - Various Locations - Danch, Harner & Associates
Favorable S.B.F.D.
Federico (Chico) Rodriguez
Fire Marshal
Office: (574) 235 -7564
Mobile: (574) 876 -6734
1222 S. Michigan Street
City of South Bend, In 46601
frodrigu @southbendin.gov
From: Elizabeth Horvath
Sent: Monday, January 26, 2015 11:16 AM
To: Michael Bronstetter; Jitin Kain; Federico Rodriguez; Imaglioz @co.st- joseph.in.us; Eugene Eyster;
pmgriffin @nisource.com
Subject: Alley /Street Vacation - Various Locations - Danch, Harner & Associates
Pleose F:rovic!0 YOM 1ccohoimcnclotions.
L'
Geporimcnf G Foblic Work -
Pc-9- Tinge _°ccrctcry
227 V,1 lefforro;a f;Ivo.,5ui1e 3336
couih Bcno, IN 56603
= -/� 2, --- C'�� :1 E, F,
Ihorvnth@southbendin aov
p'TH
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1
Elizabeth Horvath
From: Jitin Kain
Sent: Monday, January 26, 2015 3:53 PM
To: Elizabeth Horvath
Subject: RE: Alley /Street Vacation - Various Locations - Danch, Harper & Associates
Lizzy,
This has been initiated by DO so we give it a favorable recommendation.
Thanks,
Jitin
From: Elizabeth Horvath
Sent: Monday, January 26, 2015 11:16 AM
To: Michael Bronstetter; Jitin Kain; Federico Rodriguez; Imaglioz @co.st - joseph.in.us; Eugene Eyster;
pmgriffin@nisource.com
Subject: Alley /Street Vacation - Various Locations - Danch, Harner & Associates
Plcasc,, l�ro,idc your rcccrrmendoiinn:;.
L LiVY
:-
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Jitin Kain
Director, Planning
Department of Community Investment
(574) 235 -5835
ikaJnf@southbendin.gov
City of South Bend
227 W. Jefferson Blvd., Suite 1400 S.
South Send,M 46601
From: Elizabeth Horvath
Sent: Monday, January 26, 2015 11:16 AM
To: Michael Bronstetter; Jitin Kain; Federico Rodriguez; Imaglioz @co.st - joseph.in.us; Eugene Eyster;
pmgriffin@nisource.com
Subject: Alley /Street Vacation - Various Locations - Danch, Harner & Associates
Plcasc,, l�ro,idc your rcccrrmendoiinn:;.
L LiVY
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INTER - OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO:
/ DATE SENT: 1/26/2015
Michael
Bronstetter, Street Department
Ztin
Kain, Community Investment
/
Federico Rodriguez, Fire Department
(V
Larry Magliozzi, Area Plan Commission (Imaglioz(d )co.st-
ioseph.in.us or 235 -9813 fax)
VGene Eyster, Police Department
FROM:
Phil Griffin, NIPSCO (pmgriffinQnisource.com) (FYI Only)
Linda M. Martin, Clerk
`
SUBJECT:
✓ r r
REQUEST FOR RECOMMENDATION — ALLEY VACATION
APPLICANT:
Danch, Harner & Associates/ C ir1/ is 5cccry Q� �/p
All public alleys and streets bounded by Kemble St. on the
LOCATION:
West, the Norfolk & Southern Railroad on the North, Scott
St. on the East, and Indiana Ave. on the South
DATE DUE:
February 3, 2015
FAX OR E -MAIL TO: 235 -9171 / Imartinasouthbendin gov
PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING
IC 36- 7 -3 -13 CRITERIA:
1. The vacation would /would not hinder the growth or orderly development of the
unit or neighborhood in which it is located or to which it is contiguous.
2. The vacation would /would not make access to the lands of the aggrieved person
by means of public way difficult or inconvenient.
3. The vacation would /would not hinder the public's access to a church, school or
other public building or place.
4. The vacation would /would not hinder the use of a public right -of -way by the
neighborhood in which it is located or to which it is contiguous.
COMMENTS:
By Date
6th(
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA AMENDING
ORDINANCE NO. 10346 -15 IN ACCORDANCE WITH
SECTION 11 THEREOF AND OTHER MATTERS
CONNECTED THEREWITH AND REPEALING
ORDINANCES INCONSISTENT HEREWITH
WHEREAS, South Bend, Indiana (the "City "), is a governmental unit and political
subdivision of the State of Indiana (the "State "), whose legislative and fiscal body is the Common
Council (the "Council'); and,
WHEREAS, on January 26, 2015, the Council adopted Ordinance No. 10346 -15 (the
"Original Ordinance ") authorizing the issuance of the City of South Bend, Indiana Economic
Development Income Tax Bonds of 2015 (the "Bonds ") in an amount not to exceed $5,680,000;
WHEREAS, following adoption of the Original Ordinance, the City and Crowe Horwath
(its Financial Advisor) had conversations with a national rating agency regarding rating on the
Bonds, and now the City desires to make certain changes to the Original Ordinance•, and,
WHEREAS, the Council now finds that all conditions precedent to the adoption of an
amendatory ordinance have been complied with in accordance with the provisions of the Act;
NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana:
SECTION 1. Amendment to Section 7(b)(i) of the Original Ordinance. Section 7(b)(i) of
the Original Ordinance shall be amended and restated and shall hereafter read as follows:
Bond Principal and Interest Account. As soon as possible upon the monthly
receipt of EDIT Revenues by the City, the City shall deposit 1/6 of the interest and
1/6 of the principal due on the EDIT Bonds (as defined in Section 10 hereof) on the
next interest and principal payment date into the Bond Principal and Interest
Account to be used to pay principal of and interest on the EDIT Bonds when due.
SECTION 2. Amendment to Section 10(c) of the Original Ordinance. Section 10(c) of
the Original Ordinance shall be amended and restated and shall hereafter read as follows:
(c) In the case of a proposed issue of Additional Bonds, the City shall
have received a certificate prepared by an independent certified public accountant
or an independent financial consultant (the "Certifier "), certifying that the EDIT
Revenues to be received by the City (according to the most recent certified
distributions for the City reported by the Department of Local Government Finance
of the State or similar entity) and combined with other available revenues (as
defined below) estimated to be received, is at least equal to 150% of the principal
and interest requirements on all outstanding EDIT Bonds, including the proposed
issue of Additional Bonds, for each respective year during the term of such
outstanding EDIT Bonds. In determining the other available revenues to be
received in any future year, the Certifier shall base his calculation on estimates,
believed by the Certifier to be reasonable, including without limitation estimates of
investment earnings. For purposes of this paragraph, "Other Available Revenues"
shall mean, to the extent such amounts have been set aside and designated for such
purpose, amounts held in any debt service reserve accounts for outstanding EDIT
Bonds, other than the proposed Additional Bonds.
SECTION 3. Severability. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 4. Original Ordinance Otherwise Unaffected. All other provisions of Original
Ordinance No. 10346 -15 not affected by the Amendments set forth in Sections 1 and 2 of this
ordinance shall remain in full force and effect.
SECTION 5. Interpretation. Unless the context or law clearly requires otherwise,
references herein to statutes or other laws include the same as modified, supplemented or
superseded from time to time.
SECTION 6. Effectiveness. This Ordinance shall be in full force and effect from and
after its passage by the Common Council and approval by the Mayor.
ATTEST:
John Voorde, City Clerk
Member, South Bend Com on Council
.e r 3 t'r1
iNl
Coi ni l BCu-it 0.1 L-15 tam
Presented by me to the Mayor of the City of South Bend, Indiana this day of
2015, at M.
Approved by
tst READING ?, L3 -1
PUDIC HEARING
3rd READfNG
NOT APPROVED
f:EFERRED
PASSED
me, Mayor of the
2015, at .M.
John Voorde, City Clerk
City of South Bend, Indiana, this
i zed b
f
Peter Buttigieg, Mayor
day of
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA AMENDING
ORDINANCE NO. 10346-15 IN ACCORDANCE WITH
SECTION 11 THEREOF AND OTHER MATTERS
CONNECTED THEREWITH AND REPEALING
ORDINANCES INCONSISTENT HEREWITH
WHEREAS, South Bend, Indiana (the "City "), is a governmental unit and political
subdivision of the State of Indiana (the "State "), whose legislative and fiscal body is the Common
Council (the "Council "); and,
WHEREAS, on January 26, 2015, the Council adopted Ordinance No. 10346 -15 (the
"Original Ordinance ") authorizing the issuance of the City of South Bend, Indiana Economic
Development Income Tax Bonds of 2015 (the "Bonds ") in an amount not to exceed $5,680,000;
WHEREAS, following adoption of the Original Ordinance, the City and Crowe Horwath
(its Financial Advisor) had conversations with a national rating agency regarding rating on the
Bonds, and now the City desires to make certain changes to the Original Ordinance; and,
WHEREAS, the Council now finds that all conditions precedent to the adoption of an
amendatory ordinance have been complied with in accordance with the provisions of the Act;
NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana:
SECTION 1 Amendment to Section 7(b)(i) of the Original Ordinance. Section 7(b)(i) of
the Original Ordinance shall be amended and restated and shall hereafter read as follows:
Bond Principal and Interest Account. As soon as possible upon the monthly
receipt of EDIT Revenues by the City, the City shall deposit 1/6 of the interest and
1/6 of the principal due on the EDIT Bonds (as defined in Section 10 hereof) on the
next interest and principal payment date into the Bond Principal and Interest
Account to be used to pay principal of and interest on the EDIT Bonds when due.
SECTION 2. Amendment to Section 10(c) of the Original Ordinance. Section 10(c) of the
Original Ordinance shall be amended and restated and shall hereafter read as follows:
(c) In the case of a proposed issue of Additional Bonds, the City shall
have received a certificate prepared by an independent certified public accountant
or an independent financial consultant with professional „�.perie w w
P � =o =� ............ ...._..........�— one = i
of determining the levels of EDIT .n I ,diana (the "Certifier "), certifying that the
EDIT Revenues to be received by the City (according to the most recent annual
report efcertified distributions for the City reported by the Department of Local
Government Finance of the State or similar entity)
year -and combined with other available revenues (as defined below) estimated to
be received, is at least equal to 150% of the principal and interest requirements on
all outstanding EDIT Bonds, including the proposed issue of Additional Bonds, for
each respective year during the term of such outstanding EDIT Bonds. In
determining the other available revenues to be received in any future year, the
Certifier shall base his calculation on estimates, believed by the Certifier to be
reasonable, including without limitation estimates of investment earnings. For
purposes of this paragraph, "Other Available Revenues" shall mean, to the extent
such amounts have been set aside and designated for such purpose, amounts held in
any debt service reserve accounts for outstanding EDIT Bonds, other than the
proposed Additional Bonds.
SECTION 3. Severabilitv. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 4. Interpretation. Unless the context or law clearly requires otherwise,
references herein to statutes or other laws include the same as modified, supplemented or
superseded from time to time.
SECTION 5. Effectiveness. This Ordinance shall be in full force and effect from and after
its passage.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
a K,�,
120ON CouNry -OTT BuaDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
PHoNE 574/ 235-9216
FAX 574/235 -9928
DEPARTMENT OF ADMINISTRATION AND FINANCE
February 17, 2015
Mr. Tim Scott
President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4"' Floor
South Bend, Indiana 46601
RE: City of South Bend, Indiana Economic Development Income Tax Bonds of 2015
Dear Mr. Scott:
Enclosed you will find an Amendatory Ordinance that amends portions of Bond Ordinance No.
10346 -15 adopted by the Council on January 26, 2015 (the "Original Ordinance "). We are
requesting that this Amendatory Ordinance be submitted to the Common Council for first reading
at its February 23, 2015 meeting.
The Original Ordinance authorized the issuance of Economic Development Revenue Bonds to pay
for various park improvements. Following adoption of the Original Ordinance, staff initiated
conversations with Standard & Poor's rating agency ( "S &P ") to provide a rating oil the Bonds
before sale. Based on those discussions with S &P, the City now desires to make certain
amendments to the Original Ordinance, specifically and solely to Sections 7(b)(i) and 10(c) of the
Original Ordinance per S & P recommendations. For your information, I am also enclosing a copy
of the original language of Sections 7(b) (i) and 10(c) of Ordinance 10346 -15 showing the changes
that have been made in the new ordinance.
This bill will be presented for first reading on February 23, 2015 and second reading, public
hearing and third reading on March 9, 2015. I will present the Amendatory Ordinance.
Sincerely,
I47M-urphy
City Controller
Enclosures
rtr;� N
p,R
0,:%
RESOLUTION NO. ICJ t ( t � 3,
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
VOICING CONCERNS OVER MANY OF THE ASSESSMENTS OF LAND IN THE CITY AND SEEKING
AMICABLE SOLUTIONS OF THESE CONCERNS WHICH ARE IN THE
BEST INTERESTS OF THE TAXPAYERS
WACm , on October 1, 2014 the St. Joseph County Assessor's Office mailed out Form 11- Notice of
Assessment of Land and Structures for the 2014 pay 2015 Assessment Year for property owners whose values
have changed...'; and
�.� even though the St. Joseph County Assessor's Office sent out a News Release on October 2, 2014
notifying the public of this reassessment, many questions have been raised about what many have called
"lopsided" relationship between the assessed value, new assessed value and market rate of an increasing number
of the properties; and
currently taxpayers may appeal no later than May I 01 or 45 days after the date of the tax bill,
whichever is later; and
QWCwi, the Common Council recognizes that the County Assessor serves as the Secretary to the Property
Tax Assessment Board of Appeals which reviews property tax assessments and reviews all tax assessment
appeals; and
fie, the Common Council further recognizes that the City of South Bend has a website dedicated to
"Property Taxes" at www.ci.south- bend.in.us which provides links to the St. Joseph County Treasurer's Office
so that assessments, exemptions and payments may be viewed; as well as links to the Department of Local
Government Finance, St. Joseph County Assessor, St. Joseph County Auditor; and
C*Aa=4 the Department of Local Government Finance (DLGF) has an oversight role in the property
assessment process after the Assessor has placed values on properties in the county; and
Q()C. , DLGF reviews "an assessment to sales ratio study" which is "basically a comparison between
sales and assessed values in the county to ensure that market values are being used to determine assessed values"
in order to measure "the accuracy and equity of assessments" as further addressed on the DLGF website available
at www.in.eov ;and
attached to this Resolution are the most recent documents listed on the DLGF's website for St.
Joseph County which include the July 9, 2014 DLGF approval letter, the June 23, 2014 letter from the St. Joseph
County Auditor, and a 1 -page summary page from the 92 -page 2014 Ratio Study; and
6XAC %4 the "statewide cyclical reassessment began on July 1, 2014 for the 2015- pay -2016 property taxes,
and the next four years [whereby] during the statewide reassessments, county and township assessors physically
inspect each property to ensure that records are correct"; and
e, during the statewide cyclical reassessment process, assessing officials are to re- assesE
"approximately 25% of the parcels in their jurisdiction each year over a four year timeframe" with the DLGF
website further stating that "it is expected [that] the data collection will be more accurate and the cost spread out.
npimp
i
Assessment of Lands Resolution
Page 2
Section I. The St. Joseph County Assessor noted in her June 23, 2014 letter to the Indiana Department of Local
Government Finance under the heading "Improved Residential" the following:
"Each of our townships had sufficient number of sales to support their own ratio study. Liberty, Lincoln,
Madison and Union, no trending was indicated. Portage Township had high investment (rental) sales, flips
and rehab sales which were reviewed and removed from the ration study. While most were invalidated,
those that truly reflected the market in high foreclosure areas were used in this study to determine the
decline in property values ".
Section II. In the interest of obtaining additional current information, in order to attempt to assist in
providing information on the many questions from residential property owners, the following plan of action is
recommended:
1. That the Office of the County Assessor be invited to further explain the re- assessment process.
2. That the Office of the County Assessor provide quarterly progress reports on the re- assessment.
3. That the St. Joseph County Assessor, the St. Joseph County Auditor and the St. Joseph County
Treasurer provide additional information which explains the property tax cycle from re- assessment to
billing.
4. That the Office of the County Assessor be invited to further explain the appeal process, the timeframe
involved, required forms, and the expected time until there is a resolution of an appeal.
Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council
and approval by the Mayor.
Voting in Favor
Voting Against
19WIZ.
John Voorde, City Clerk
P"nESENTM .
NOT ?.PPP,019I
ADOPTFU
Henry avis, Jt., "d i
South Bend Common Counct
Pete Buttigieg, Mayor of Sgjtth Bend, Indiana
1"1le°ts: E v !?iCe
4 2015
JOW, aJ . tc +a.T e
CITY CE ;r'Fi6. i; IN
(574) 235 -9983
March 4, 2015
Members of the Common Council
4s' Floor County -City Building
South Bend, Indiana 46601
yoorx
Common Council
City of South Bend Indiana
Henry Davis, Jr., 2nd District Council Member
4'h Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -9173 Facsimile
Re: Resolution on Concerns Raised by Property Owners on Reassessment
Dear Council Members:
(574)235 -5567 TTY/TDD
It appears that a growing number of residents are voicing concerns over their homes being reassessed. The number
of calls on this question are greater than ever before.
In light of that, I am filing the attached Resolution for your consideration and approval. It sets forth a summary
of information related to the process; as well as roles of the County Assessor and the Department of Local
Government Finance.
It also calls for greater collaboration with the St. Joseph County officials involved in this ongoing reassessment,
so that the City taxpayers and ourselves have a greater opportunity to have their voices heard.
Thank you.
Sincerely,
Henry Davis, Jr., n is 'Ct C ember
South Bend Common Council
Attachment
4 2015
w._ . _..a
Salk•
STATE OF INDIANA
DEPARTMENT OF LOCAL GovERNj1mNT FINANCE
The Honorable Rosemary R. Mandrici
St. Joseph County Assessor
227 W. Jefferson Blvd., Room 307
County-City Bldg.
South Bend, IN 46601
Dear Ms. Mandrici:
MUNA GOVERNMENT CENTER NORTH
100 NORTH SENATE AVENUE N1059(B)
INDIANAPOLIS, IN 46204
PHONE (317) 232 -3777
FAX(317)974 -1629
July 9, 2014
The Department of Local Government Finance has reviewed the information and data
(both originally submitted and the supplemental information) for the St. Joseph County 2014
ratio study. The Department hereby approves the ratio study based on the results of the Mann -
Whitney "Sales Chasing" test and Spearman Rank test for vertical equity; and the review of the
accuracy, equity, and uniformity of the assessments as determined by the median ratio,
coefficient of dispersion (COD), Price Related Differential (PRD), and the change analysis
conducted by the Department.
Please note that this approval is granted without verification of all of the actual sales
disclosure forms in order to allow the preparation and delivery of the real property list to the
County Auditor pursuant to IC 6- 1.1 -5 -14. As always; the Department encourages counties to
use all possible sales, which lend greater validity to the sales ratio study.
In conjunction with our Data Analysis section, please continue to ensure your sales
disclosure file database is compliant. For the assessment year 2015, your 2014 sales disclosure
data files must be compliant with the rules of the Department.
If you have any questions or concerns, please feel free to contact Barry Wood, the
Assessment Division Director, at (317) 232 -3762 or by e-mail at Bwood(c dl¢f:in.gov.
Sincerely,
r
Micah G. Vincent
Commissioner
cc: Barry Wood, Assessment Director
Office of the County Assessor
Patti St. Clair, Chief Deputy
W' Compliance Division
Arcelia Dorado, Deputy
4 Property Tax Assessment Board ofAppeols
Sue Tranberg, Deputy
Office of the St. Joseph County Assessor
Rosemary Mandrici 227 W. Jefferson Blvd. Room 307 County -City Bldg. South Bend, IN 46601 ph: 574- 235 -9523 fax: 574- 235 -5554
International Association of Assessing Officials
Indiana County Assessors Association
Indiana Township Assessors Association
Association of Indiana Counties
June 23, 2014
Mr. Barry Wood, Assessment Director
Indiana Department of Local Government Finance
100 North Senate Avenue, N 1058(B)
Indianapolis, IN 46204
RE: St. Joseph County Ratio Study
2014 pay 2015
Dear Mr. Wood:
r
enclosed data for St. Joseph County reflects the proposed Assessed Value Changes for the March 1, 2014,
assessment year. We have conducted a ratio study based on sales in the Residential, Industrial, and Commercial classes
for the purpose of the Annual Adjustment to market value as required by 50 IAC27, using guidelines provided by the
Department of Local Government Finance.
The study includes all available sales from the period of January 1, 2013 to March 1, 2014. Properties were
reviewed for characteristics at the time of sale, using MLS, permits and field inspections. The records were updated to
reflect all changes. All sold and unsold propertied were treated equally and equitable. The new agricultural land base rate
was applied. Commercial and Industrial sales were additionally reviewed against MLS data, LoopNet Commercial, and
verified by an independent consultant.
Initially, the study included 2,934 valid sales from January 1, 2013 through March 1, 2014. St. Joseph County
is committed to utilizing as many valid sales as possible during the trending process. We have taken every step to ensure
that the sale used provides the most accurate information relating to the housing and commercial /industrial market within
the county. We have also used as many multi parcel sales as possible and have the tab called "Multi Parcel Sales" for
identification. Of these 2,934 sales, 2,566 were used in the study, there are 38 sales that were not used because they
transferred after 3/1/2014 and will be reviewed for the 15/16 ratio study. The remaining 330 sales which did not meet the
market value test for foreclosures defined under the January 11, 2011, Annual Adjustment Guidance were removed from
the study, and identified as "outlier" on the attached "Sales not Used" worksheet. Additionally, sales were excluded
which had a change in use or property class (i.e. rental properties using income valuation, land removed from
Developer's discount, new construction, etc.) or did not meet other tests of acceptability when verified by our Sales
Disclosure Department.
All acceptable sales were stratified by property class type, township, and neighborhood for this analysis
resulting in some properties being reported in a different neighborhood this year. We researched and trimmed outliers,
applied suggested factors, and calculated the 2014 pay 2015 assessments contained in the attached workbook.
Improved Residentiab Each of our townships had sufficient number of sales to support their own ratio study.
Liberty, Lincoln, Madison and Union, no trending was indicated. Portage Township had high investment (rentals) sales,
flips and rehab sales which were reviewed and removed from the ratio study. While most were invalidated, those that
truly reflected the market in high foreclosure areas were used in this study to determine the decline in property values.
Vacant Residential: Due to insufficient sales of residential vacant, five townships Centre, Clay, German, Harris
and Olive were combined. Warren had four sales, not enough to analyze data. Greene, Liberty, Lincoln, Madison and
Union had no sales to analyze. Upon reviewing and analyzing Penn & Portage, it was determined no factor is warranted.
Improved Commercial: Due to insufficient sales of commercial property in many townships, the study was
conducted on a county -wide basis by Property Class. All sales were reviewed by an independent commercial property
appraiser for validity. Upon further review and analysis of economic trends and conditions it was determined that no
factor is warranted. The results of the Combined Study by Property Class Code are shown.
Vacant Commercial: Not enough sales county -wide to analyze data
Improved Industrial: Five townships had valid sales in the Improved Industrial category. Sales were combined
Penn, Harris, Lincoln, Portage and German Townships for the Industrial Class Codes 340, 350. For the Property Class
codes 346, 360, 370 and 399 there was not enough sales to analyze. The results of the Combined Study by Property
Class Code are shown.
Vacant Industrial: Not enough sales county -wide to analyze data.
Please review the attached ratio study, workbook, and sales not used files for St. Joseph County. Notify me
should you find any discrepancies or issues of non - compliance.
Thank you.
Respectfully submitted,
Arcelia Dorado
Manager, Compliance Division
Office of St. Joseph County Assessor
Rosemary R Mandrici
227 W. Jefferson Blvd.
South Bend, IN 46601
(574)235 -9523
(574)245 -6642
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1221
MIAMI STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
CURRENTLY ZONED MFl REQUESTING SF2 IN ORDER TO SELL A HOME
CONVERTED TO SINGLE FAMILY
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:
LOT LETTERED "R" AS SHOWN ON THE RECORDED PLAT OF WENGER & KRIEGHBAUM'S
VISTULA AVENUE TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
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.
Member of the Commot Council
ftnkV aof tat &s w iS ont {to pm-M,19 ��gapan
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
20_, at o'clock m.
Approved and signed by me on the day of
.m.
I st UADING 3 Jq _l
PUBLIC HEAPING
3rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of
20 , at o'clock
Mayor of the City of South Bend, Indiana
Flied in ._ _ .n Ifilce
MAR 3 2015]
CITY CLERK, SOjTh 4EEND, IN
PETITION TO REZONE
City ol'South Bend Indiana
1 (we) the undersigned make application to the City of South Bend Common Council
herein requested. to amend the zoning ordinance as
1) The property sought to be rezoned is located at: 1221 Miami St, South Bend, IN 46601
2) The property Tax Key Number(s) is /are: 018 - 7017 -0701, Parcel Number: 71- 08 -13- 228 - 012.000 -026
3) Name and address of property owner(s) of the petition site:
Mohan nad 1. Roull
55566 Labrador Point CT
Osceola, IN 46561
574- 333 -8450
labrador5566@att.net
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Name
,I ddrecs
City. State Zip Code
Phone number with Area Code
&Mail Address
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: MFI Urban Corridor Multifamily District Additional zoning district, if applicable
To: SF2 Single Family Two Family District
6) This rezoning is requested to allow the following use(s): Single Family Home
7) Attached, and made a part of this PETITION, is:
(a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of
the petition property;
(b) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
CONTACTPERSON:
tbtohannnad 1. Racal
55566 Labrador Point CT
Osceola, IN 46561
5 -4- 333 -,'450
lecbrudoi:5566'a aa.n et
Signatu . e(s) of all property owner(s), or signature of Attorney for all property owner(s):
Ried in -S Office
Fr
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ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN ENTERPRISE
OPERATIONS IN 2015 OF $875,000 FROM PARKING GARAGE FUND ( #601) AND
$66,156 FROM CENTURY CENTER FUND ( #671).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2015 operating and capital budgets in
2014 ( #10323 -14 passed on October 13, 2014), which included expenditures for various
City enterprise operations. It is now necessary to appropriate additional funds for
operational expenditures necessary for the City to effect provision of services to its
citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2015 and
set apart within the following designated funds for operational expenses as follows:
Fund Amount
Parking Garage Fund ( #601) $875,000
Century Center Fund ( #671) 66,156
TOTAL
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Member of the Co �ri Council
Attest:
Ma
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
1 st READING 3 —q —( S—
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
, 2015, at
Mayor, City of South Bend, Indiana
Filed L ffice
CITYCL.Ck.%: ' ::, 'END, IN
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120ON COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAx 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
March 4, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4ch Floor
South Bend, Indiana 46601
RE: March 2015 Appropriation Ordinance – Enterprise Funds
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
periodically throughout the year. For 2015, we plan to propose adjustments during four
time periods— March, June, September and December.
Based on our budget review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for I` reading on March 9, 2015 with 2 "d
reading, public hearing and 3`d reading scheduled for March 23, 2015.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
ega ds,
J H. Mur y
City Controller (d' a
CC: Pete Buttigieg, Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
, ^ -4 2015
CE iti CLEV;'S:.:a6u ; a: -i:!44?, 6ty
4v
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $30,000
FROM STUDEBAKER OLIVER REVERTING GRANTS FUND (#209),$2,000,000
FROM ECONOMIC DEVELOPMENT STATE GRANT FUND ( #210), AND $21,157
FROM CENTRAL SERVICES FUND ( #222).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2015 operating and capital budgets in
2014 (Ordinances #10331 -14 passed on October 27, 2014) which included expenditures
for various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2015 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
Studebaker Oliver Reverting Grant Fund ( #209) $ 30,000
Economic Development State Grant Fund ( #210) 2,000,000
Central Services Fund ( #222) 21,157
TOTAL 2,051.157
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Attest:
City Clerk
t YL- SQD+ -/
Member of the CommorKouncil
WN of V1111 is Drily to pmuhtg M
mumi.t fo li.w
Cwrd Scum Qfl WS i331i�,
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2015 at o'clock _ . m.
Deputy City Clerk
Approved and signed by me on the day of 2015 at
o'clock m.
Mayor, City of South Bend, Indiana
Fileu -,Office
i st RL'ADIRG —t—t
PUBLIC HP.ARIFIG
3 rd READING
NOT APPROVED
REFERRED
PASSED
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120ON COUNTY —CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
March 4, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4t1i Floor
South Bend, Indiana 46601
RE: March 2015 Appropriation Ordinance – Civil City Funds
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
periodically throughout the year. For 2015, we plan to propose adjustments during four
time periods — March, June, September and December.
Based on our budget review, we are submitting the enclosed additional appropriation
ordinance for your consideration.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for I" reading on March 9, 2015 with 2nd
reading, public hearing and 3'd reading scheduled for March 23, 2015.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235 -7678.
,gar s,
J H Murphy
City Controller
CC: Pete Buttigieg, Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
III G^il�� .. .._ .... , %Qs�n°•G,i,
s
W
I� tit
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN
THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2015
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing budgets
(Ordinances #10331 -14 passed on October 27, 2014 and #10323 -14 passed on October
13, 2014) which necessitate the increase and reduction of appropriations within the
various departments of the General Fund and other funds of the City of South Bend
during 2015.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are
incorporated herein shall be adjusted by increase or reduction of appropriation in the
designated sums.
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Attest:
City Clerk
Tc l,-, S ,-o N (Q�'
Member of the Common CKuncil
"Oti3)z.g J3 i =.::5 i:i Ia .:. 6•' i�'�} (AW
"t'l"i¢'ri1,:S-y
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock . m.
I st READING J 4—t
PUBLIC HEARING
3rd READING
NOT APPROVED
REFERRED
SASSED
, 2015, at
Mayor, City of South Bend, a _
R Office
4 1015
CITY mr.REt, O,; F N -3END, IN
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120ON COUNTY -CITY BUILDING
227W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 4660 1 -1 830
PHONE 574.235.9216
FAx 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
March 4, 2015
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 0' Floor
South Bend, Indiana 46601
RE: March 2015 Budget Transfer Ordinance
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff and city administration to conduct an extensive review of
the status of compliance with the adopted city budget and propose necessary adjustments
periodically throughout the year. For 2015, we plan to propose adjustments during four
time periods— March, June, September and December.
Based on our budget review, we are submitting the enclosed ordinance for transfers
between various departments and cost categories within the same funds for your
consideration. No additional appropriation is requested in this ordinance.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested that this bill be filed for 1" reading on March 9, 2015 with 2nd
reading, public hearing and 3'd reading scheduled for March 23, 2015.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574- 235- 7678.
Regards,
Jo}tiI H. Murphy
City Controller
CC: Pete Buttigieg, Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Jennifer Hockenhull, Deputy City Controller
r
i -"4 2015 '
30, IN
89201
LAWRENCE MAGLIOZZI
C EX X E E CUTIVE UIIIEC'I'OIS
Angela M. Smith
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. J1: FF I. RSON RI.V 1)., ROO SI 1140 COU NT Y -CITY BUI I.D IND, SO U'I "If BI D, INDIANA 46601 (S74) 235.5571
Wednesday, February 18, 2015 X3 I- `I
The Honorable Council of the City of South Bend Q
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of the City of South Bend Department of Community Investment to zone from SF2
Single Family and Two Family District, MU Mixed Use District, GB General Business District, LB Local
Business District and MFl Urban Corridor Multifamily District to LI Light Industrial District, property
located at portions of 500, 600, 700 800, 900 blocks of Indiana Avenue, portions of the 1500 blocks of Prairie
Avenue, Kemble Street, Catalpa Street, Chapin Street, Kendall Street, Scott Street and Taylor Street, City of
South Bend - APC# 2730 -15.
Dear Council Members:
1 hereby Certify that the above referenced ordinance of City of South Bend Department of Community Investment
was legally advertised on Thursday, February 05, 2015 and that the Area Plan Commission at its public hearing on
Tuesday, February 17, 2015 took the following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the
proposed ordinance of the City of South Bend Department of Community Investment to zone from
SF2 Single Family and Two Family District, MU Mixed Use District, GB General Business District,
LB Local Business District and MFl Urban Corridor Multifamily District to LI Light Industrial
District, property located at portions of 500, 600, 700 800, 900 blocks of West Indiana Avenue,
portions of the 1,500 blocks of Prairie Avenue, Kemble Street, Catalpa Street, Chapin Street, Kendall
Street, Scott Street and Taylor Street, City of South Bend, is sent to the Common Council with a
FAVORABLE recommendation. The zoning of this area to an industrial classification is the next step
in a process that began in the 1990's. The zoning will allow development to occur that is compatible
with Ignition Park and support additional reinvestment opportunities in the neighborhood.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
Lawrence P. Magliozzi
Attachment
CC: City of South Bend Department of Community Investment
Danch, Harper & Associates
SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND
`//W WSTf OSEnNGOVN T Y INDIAN /1.COM /AREwpL0.N
Staff Renort
2/5/2015
APC # 2730 -15
Owner: City of South Bend Department of Community Investment
Location: portions of 500, 600, 700 800, 900 blocks of Indiana Avenue, portions
of the 1500 blocks of Prairie Avenue, Kemble Street, Catalpa Street,
Chapin Street, Kendall Street, Scott Street and Taylor Street
Jurisdiction: City of South Bend
Public Hearing Date: 2/17/2015
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family & Two Family
District; MU Mixed Use District; GB General Business District; LB Local Business
District; and MFI Urban Corridor Multifamily District, to Ll Light Industrial District.
Land Uses and Zoning:
On site: On site are vacant properties with a few remaining single family homes.
North: To the north is Ignition Park zoned PUD Planned Unit Development
District.
East: To the east is an industrial building zoned LI Light Industrial
South: To the south across Indiana are a mix of non - residential and residential
buildings zoned MU Mixed Use District, LB Local Business District, and
MFI Urban Corridor Multifamily District.
West: To the west across Prairie are non - residential buildings and vacant land
zoned MU Mixed Use District, LB Local Business District, and LI Light
Industrial District.
District Uses and Development Standards:
The LI Light Industrial District is established to provide for development of
office /warehouse, warehouse /distribution, wholesale, assembly and manufacturing or
processing facilities which are clean, quiet, free of hazardous or objectionable elements
such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate
heavy traffic, require extensive community facilities, and may require limited amounts of
outdoor storage. The LI District is also intended to function as a transitional district
between the more intense general industrial districts and other less intense districts,
Site Plan Description:
There is no specific site plan for this area. A petition has been filed for the vacation of
public streets and alleys bounded by Kemble Street on the west, the Norfolk & Southern
Railroad on the north, Scott Street on the east, and Indiana on the south.
Zoning and Land Use History And Trends:
As the industrial uses in the vicinity left the area, the residential neighborhood fell in to
disrepair and became blighted. For several years, the City of South Bend has been
acquiring various parcels with the intent to make land available for future development.
APC # 2730 -15 Page I of 3
Staff Re ort
Traffic and Transportation Considerations:
Indiana Avenue and Kemble Avenue have two lanes plus on- street parking. Prairie
Avenue (S. R. 23) has two lanes.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
2/5/2015
The City Engineer had no comments. The Department of Community Investment gives a
favorable recommendation.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
This petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006)
Objective ED 1, Policy ED I.1 Establish and maintain a current inventory of land inside
the city limits that is available for reuse and redevelopment efforts.
Land Use Plan:
The future land use map identifies this area as a mix of medium density residential and
mixed use.
Plan Implementation /Other Plans:
There are no other plans for this area.
2. Current Conditions and Character:
There are a mix of commercial and residential uses along Indiana Avenue with single
family residential south. The area north of Indiana is primarily vacant. A few light
industrial uses and offices remain along Prairie Avenue and further east of the site. The
rail road right -of -way has been formally abandoned.
3. Most Desirable Use:
The most desirable use for this site is light industrial to compliment the businesses in
Ignition Park.
4. Conservation of Property Values:
With proper buffering and screening, the surrounding property values should not be
affected.
5. Responsible Development And Growth:
It is responsible growth and development to consolidate vacant land snaking it available
for future development.
APC # 2730 -15 Page 2 of 3
Staff Report
Staff Comments:
The staff has no additional comments.
Recommendation:
2/5/2015
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation,
Analysis:
The zoning of this area to an industrial classification is the next step in a process that
began in the 1990's. The zoning will allow development to occur that is compatible with
Ignition Park and support additional reinvestment opportunities in the neighborhood.
APC 9 2730 -15 Page 3 of 3
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Rezoning from:
"GB" GENERAL BUSINESS DISTRICT, "MU" MIXED USE DISTRICT,
'LB" LOCAL BUSINESS DISTRICT, "MF1' URBAN CORRIDOR MULTIFAMILY DISTRICT
& "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT
MASTER ZONING KEY to "LI" LIGHT INDUSTRIAL DISTRICT
E SOUTH SEND -SF2- SINGLE FAMILY AND TWO FAMILY DISTRICT N
SOUTH BEND "MFi"URBAN CORRIDOR MULTIFAMILY DISTRICT
SOUTH BENG- OS'OFFICE BUFFER DISTRICT W E
SOUTH BENO'MU" MIXED USE DISTRICT
SOUTH BEND "LB" LOCAL BUSINESS DISTRICT S
SOUTH BEND "GB "GENERAL BUSINESS DISTRICT 1 inch = 500 feet
SOUTH BEND "LP LIGHT INDUSTRIAL DISTRICT
SOUTH BEND "GI "GENERAL INDUSTRIAL DISTRICT APC # 2730 -15
SOUTH BEND WD' PLANNED UNIT DEVELOPMENT
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES
LOCATED IN PORTIONS OF THE 500, 600, 700, 800, 900 BLOCKS OF INDIANA
AVENUE, PORTIONS OF THE 1500 BLOCKS OF PRAIRIE AVENUE, KEMBLE
STREET, CATALPA STREET, CHAPIN STREET, KENDALL STREET, SCOTT
STREET AND TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC
DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM SF2 SINGLEFAMILY
AND TWO FAMILY DISTRICT, MFI URBAN COORIDOR MULTIFAMILY DISTRICT,
MU MIXED USE DISTRICT, LB LOCAL BUSINESS DISTRICT AND GB GENERAL
BUSINESS DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT TO ALLOW FOR
FUTURE INDUSTRIAL DEVELOPMENT OF VARIOUS TYPES FOR IGNITION PARK
SOUTH DEVELOPMENT AND ADJACENT PROPERTIES.
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:
A part of the Northwest and Northeast Quarters of Section 14, Township 37 North, Range 2 East,
Portage Township, St. Joseph County, Indiana which is described as Beginning at the Southwest
corner of Lot # 11 in the Plat of "Thos. E.A. Byerley's Addition" as recorded in the records of the
St. Joseph County, Indiana Recorder's Office; said comer being on the East right -of -way line of
Prairie Avenue; thence Northeasterly along said East line 186.8 feet more or less to the Northwest
corner of Lot # 7 in said Plat, said comer being on the South line of a 14 ft. wide East -West
Public Alley; thence East along said South line 170 feet more or less to a point of intersection
with the East line of an 8 ft. wide North -South Public Alley extended South; thence North along
said East line and its Southerly extension 179 feet more or less to the South right -of -way line of
Edward Street; thence East along said South line and its Easterly extension 163 feet more or less
to a point of intersection with the East right -of -way line of Kemble Street; thence North along
said East line 45 feet more or less to a point of intersection with the South right -of -way line of the
Norfolk and Southern Railroad right -of -way (formerly Penn Central Railroad); thence along said
South line for the next three courses, East 1008.09 feet more or less and Southeasterly 262.80 feet
more or less and East and Southeasterly 599 feet more or less to a point of intersection with the
East line of a 14 ft. wide North -South Public Alley; thence South along said East line 194.70 feet
more or less to a point of intersection with the North line of a 14 ft. wide East -West Public Alley;
thence East along said North line 38.45 ft. more or less to a point of intersection with the East line
of Lot # 13 in the Plat of "Stull's 41h Addition" as recorded in the records of the St. Joseph
County, Indiana Recorder's Office extended North; thence South along said East line and its
Northerly extension 164 feet more or less to the North right -of -way line of Indiana Avenue;
thence West along said North line 381.60 feet more or less to the Southwest corner of Lot # 26 in
said Plat; thence North along said West line 150 feet more or less to the Northwest corner of said
lot, said corner also being on the South line of a 14 ft. wide East -West Public Alley; thence
continuing West along said South line 90.90 feet more or less to the Northeast corner of Lot # 32
in said Plat; thence South along said East line 150 feet more or less to the North right -of -way line
of Indiana Avenue; thence West along said North line 1444.76 feet more or less to the East Right -
of -way line of Kemble Street; thence North along said East line 110 feet more or less; thence
West 60 feet more or less to Southeast corner of Lot # 15 in the Plat of "Thos. E.A. Byerley's
Addition" as recorded in the records of said County, said corner being on the North line of a 14
ft. wide East -West Public Alley; thence West along said North line and its Westerly extension
146 feet more or less to a point of intersection with the West line of a 14 ft. wide North -South
Public Alley; thence along the West of said Alley for the next two courses, South 36.5 feet more
or less and Southwesterly 122 feet more or less to the Southeast corner of Lot # 11 in said Plat;
thence Northwesterly along the South line of said Lot 165 feet more or less to the point of
beginning.
Containing 18.90 acres more or less,
be and the same is hereby established as LI Light Industrial District.
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of 20_, at o'clock m.
City Clerk
Approved and signed by me on the day of
20 , at o'clock m.
Iffice
1 sf READING (--1 _(S mayor oY the City of South Bend, Indiana
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED