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HomeMy WebLinkAbout09-14-15 Agenda, Packet & Committee Meeting NoticeOFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK September 10, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday, September 14. 2015 in the Council Informal Meeting Room, 41h Floor County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana: 4:00 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15 -81 — Designating Tax Abatement- Fed -Ex Ground Package System Inc. -5115 Dylan Drive — 5 year Personal Property 2. Bill No. 15 -82 — Designating Tax Abatement -James & Susan Farrington -802 E. St. Vincent St. — 5 year Residential 3. Bill No. 15 -83 —Correction to Resolution 4471 -15 of a Scrivener's Error Concerning the Disposition of Real Property at 51190 and 51270 Mayflower Road 4:20 P.M. ZONING & ANNEXATION OLIVER J. DAVIS. CHAIRPERSON 7 Bill No. 35 -15 — Rezoning — 4325 S. Michigan St. 4:30 P.M. UTILITIES COMMITTEE DAVID VARNER, CHAIRPERSON 1. Bill No. 40 -15 —Amend Chapter 17 of the SSMC— Addressing Drain and Downspouts Disconnection Requirements 4:45 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Bill No. 45 -15 — Amend Chapter 4 of the SBMC by including New Regulations Addressing Mobile Food Vendors, Mobile Food Vending Vehicles, and Updating Restaurant Regulations Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Personnel & Finance Committee. 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendIN.gov KAREEMAH FOWLER JANICETALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK 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 News 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. nnormA SOUTH BEND COMMON COUNCIL MEETING MONDAY, SEPTEMBER 14, 2015 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7:00 P.M. 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 1010" 1i[ill 35 -15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4325 S. MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 40 -15 PUBLIC HEARING ON A BILL OF T14E COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17 -4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS 45 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -45 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING NEW REGULATIONS ADDRESSING MOBILE FOOD VENDORS, MOBILE FOOD VENDING VEHICLES, AND UPDATING RESTAURANT REGULATIONS 8. BILLS, THIRD READING TIME: BILL NO. 35 -15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4325 S. MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 40 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17 -4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS 45 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4 -45 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING NEW REGULATIONS ADDRESSING MOBILE FOOD VENDORS, MOBILE FOOD VENDING VEHICLES, AND UPDATING RESTAURANT REGULATIONS 9. RESOLUTIONS RTT.T. NO 15 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5115 DYLAN DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDEX GROUND PACKAGE SYSTEM, INC. 15 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 802 EAST ST. VINCENT STREET, SOUTH BEND, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JAMES AND SUSAN FARRINGTON 15 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 4471 -15 APPROVING THE DISPOSITION OF REAL PROPERTY LOCATED AT 51190 MAYFLOWER ROAD AND 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA 10. BILLS, FIRST READING BILL NO. 46 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW 311 CALL CENTER FUND #279 47 -15 FIRST READING AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1205 AND 1151 HICKORY ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 48 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1619 FRANKLIN STREET AND 1623 FRANKLIN STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 49 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 1714 AND 1716 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 50 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #1, FOR THE WEST PORTION OF 52933 SHELLBARK AVENUE, SOUTH BEND, INDIANA 51 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $29,176 FROM CENTRAL SERVICES FUND ( #222), $5,180 FROM HALL OF FAME DEBT SERVICE FUND ( #313), $16,464 FROM GIFTS, DONATIONS & BEQUESTS FUND ( #217), $40,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND ( #220), $210,000 FROM LOCAL ROAD & STREETS FUND ( #251), $8 FROM EXCESS WELFARE DISTRIBUTION FUND ( #252), $1,700 FROM HUMAN RIGHTS GRANT FUND ( #258), $2250 FROM CUMULATIVE CAPITAL IMPROVEMENT FUND ( #407) AND $190,040 FROM CEDIT FUND ( #408) 52 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2015 OF $129,900 FROM WATERWORKS BOND CONSTRUCTION FUND ( #623), ($1,500,000) FROM SEWAGE O &M FUND ( #641),$2,500,000 FROM SEWAGE DEPRECIATION FUND ($642), AND $1,500 FROM SEWAGE WORKS SINKING FUND ( #649) 53 -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 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 41h Floor County -City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. Ir • 0 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 S 6 J I A) (). 3S-(f" Wednesday, August 19, 2015 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A public hearing on a proposed ordinance of Flowers by Stephen & Assoc LLC to zone from CB Community Business District to MU Mixed Use District, property located at 4325 S. Michigan Street, City of South Bend - APC# 2748 -15. Dear Council Members: I hereby Certify that the above referenced ordinance of Flowers by Stephen & Assoc. LLC was legally advertised on Thursday, August 06, 2015 and that the Area Plan Commission at its public hearing on Tuesday, August 18, 2015 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Flowers by Stephen & Assoc. LLC to zone from CB Community Business District to MU Mixed Use District, property located at 4325 S. Michigan Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Allowing this site to be zoned to the mixed -use district will allow the building to be used to its full potential without adversely affecting the surrounding properties. Encouraging vertical mixed -use increases density and creates a more sustainable environment. PLEASE NOTE: that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Angel M. Smith Attachment CC: Flowers by Stephen & Assoc. LLC SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STI OS EPN C 0 U NTYI NO I ANA, CON /A REAPLAN Staff Report 8/7/2015 APC # 2748 -15 Owner: Flowers by Stephen & Assoc LLC Location: 4325 S. Michigan Street Jurisdiction: City of South Bend Public Hearing Date: 8/18/2015 Requested Action: The petitioner is requesting a zone change from CB Community Business District to MU Mixed Use District for a flower shop with an upper level dwelling unit, and seeking four variances from the development standards. Land Uses and Zoning: On site: On site is an existing flower shop, zoned CB Community Business District North: To the north is a music store, a retail store, and an accessory structure, zoned CB Community Business District. East: To the east across Michigan Street is a drive - through restaurant and an auto parts store, zoned CB Community Business District. South: To the south is the future site of Belle Tire, zoned CB Community Business District. West: To the west across Main Street is a vacant lot zoned SF2 Single Family & Two Family District. District Uses and Development Standards: The MU Mixed Use District is established to promote the development a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed -use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site Plan Description: The site is made up of two lots joined by a parking lot, totaling 0.34 acres. The site has frontage on both Michigan Street and Main Street. Parking is provided for 10 vehicles between the rear of the business and Main Street, and two parking spaces are provided along Michigan Street. The existing building is part of an integrated center, with two other storefronts on the adjacent lot to the north. The building is approximately 21' in height, and houses retail space on the first floor, with a residential dwelling unit above. Zoning and Land Use History And Trends: Michigan Street is a commercial corridor into the City of.South Bend with very limited need for zone map amendments since the 1980's. APC # 2748 -15 Page 1 of 3 Staff Report 8/7/2015 Traffic and Transportation Considerations: Main Street has two lanes and Michigan Street has four lanes. Utilities: This site is served by municipal sewer and water. Agency Comments: The County Surveyor and the Department of Community Investment offer a favorable recommendation. The City Engineer notes that drainage issues may need to be resolved prior to issuance of a building permit, and that semi - trucks making deliveries may have difficulty maneuvering through the site. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -74-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006). Policy H 1.3: Encourage the development of mixed -use buildings. Land Use Plan: The Future Land Use Map identifies this area for commercial development. Plan Implementation /Other Plans: The South Bend South Side Development Area Plan (2002) addresses the need to create a pedestrian- friendly commercial environment in this area. 2. Current Conditions and Character: Main Street and Michigan Street form an arterial commercial corridor and provide access to the city from US 31. 3. Most Desirable Use: The most desirable use is one that is compatible with the commercial and mixed use character of the area. 4. Conservation of Property Values: Due to the existing commercial character of the area, surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible growth and development to allow this property to be zoned to a less intensive commercial district. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and four variances from the development standards. The Commission will forward the rezoning to APC # 2748 -15 Page 2 of 3 Staff Report 8/7/2015 the Common Council with or without a recommendation and either approve or deny the variances. The variances are as follows: 1) From the required landscaping of required perimeter yards to none; 2) From the required off-street parking area screening to none; 3) From the minimum required 22'front facade height to 21'; and 4) From the requirement that trash containers not be located between the front facade of the primary building and the front lot line to allowing trash container between the west facade and the front(west) lot line. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (I)The approval will not be injurious to the public health, safety, morals,and general welfare of the community. The site is an existing commercial development. The trash receptacle will only be visible from the west side of Main Street,which is predominantly vacant. The difference of one foot of facade height will not easily distinguished, or adversely affect the general welfare of the community. (2)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 requested variances will allow the site to maintain its current layout,which is similar to adjacent properties. The trash enclosure will serve as a screen for the dumpster, which is already existing on the lot. (3)The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Since the site technically has frontage on both Main and Michigan Streets, the strict application of the ordinance would subject it to more requirements than other, similar,commercial sites. Adding an additional one foot to the facade of the building would pose a significant cost, with minimal benefit. Since this site has two fronts, a trash receptacle could not be placed outside of a front yard without impairing traffic flow through the site. Recommendation: Based on information available prior to the public hearing, staff recommends the rezoning petition be sent to the Common Council with a favorable recommendation. Staff recommends approval of all four variances. Analysis: Allowing this site to be zoned to the mixed-use district will allow the building to be used to its full potential without adversely affecting the surrounding properties. Encouraging vertical mixed-use increases density and creates a more sustainable environment. APC # 2748-15 Page 3 of 3 _� I RF,ZONIN.G ' f ai-i rt , { a fr. 0 11' ,'ti. _ ! thij#1. 2 748-15• N --. t � ' r. ! c.......• 5 :: e y: - _ _. ._ _ I` ! s lato� I7 ,..J: . ,., yy.icwe.. .... .... - , . . L' l l 11 II 6 S.ij:l I ' —? t ° 11,1.•'11:'''. : Jr- . e,tr - t,,1. - ; VV3 to I.draw-' F. .73.t.k.. ., ,, I,,,: I I- i - _►- .."-.�.�. I s y.-• it• t,4. i. -'•� r .pct _ ' ' 7 _ < . .� • ♦ ` 4 t 1 i. Y• P Y ,• 1 i q o IIIIMPEr X41 I Y s I,4'fe+?"' �. S. '�� � stv a V ' A , i • •• . ..."....:-...' • ; I • -.1 1 . 1....' ir. .1.--,,.." ii:li '....-.."r' .:. I'S ,'... .itrit.. . --. I {(fZ �"' J 7 t .y; I ter' qR•' t�1 s i I. i { r 1 .•'. ._ , •mot-•'•ce l -' `? • _ • 1 4 ilf • it...., ,... , 1 '� I. 1.1 , n F-1 � I inch = 75 !feet► I • , � e I` 1 . NE-NTRETOWNSHI P t• , — III I cam• i - . w t'i• r — PI r t f 7 r II' _ � �' IK 4a ' a a _ Walter s � � I 1 1'• I I (, a 7 72` 1 r ii r Walter y ICI I to : . fi i�. .01 I ll, Y I ;ke i�Lt if .Y'. c y 1.4, ; • 'N ' .• .' 4 4fi S. a 1i � . 7c GY A f .Er t SF2{ ?? �. I 10 ^� _ •.. i 4,k.( T T3 r t� 3- Y f ,,/ I , w SOUTH BEND II CB 1---- / -_� te. ;� /,1� i, 1 t �, _CB l 04,40, ., .40fr.,„..14,...„2„.... jof I I I I 1 .k: „ —. t'="L4/4/41k4.16,,..i'M' CA ■ i lik 1 lot I Rezoning from: "CB" COMMUNITY BUSINESS DISTRICT CITY OF SOUTH BEND to "MU" MIXED USE DISTRICT CITY OF SOUTH BEND N MASTER R ZONING KEY w ' E SOUTH BEND'SF''SINGLE FAW ILYANDTWO FAMILY DISTRICT SOUTH EE NC°SF2•'SINGLE FAM ILYANC•TWO FAMILY DISTRICT s 1 SOUTH BEND CS'COMMUNITYBUSINESS DISTRICT inch = 75 feet APC # 2748-15 LAWRENCE P. MAGLIOZZI ENEC'II TIFC DIkLCTO1I Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 1V. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 135-9571 August 19,2015 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill# 35-15 Rezoning: 4325 S. Michigan Street(Flowers by Stephen, LLC) Dear Council Members: The following changes have been made to the Ordinance for the above referenced petition: Ordinance: 1.) The title was updated to remove the reference to a Special Exception Use. A Special Exception Use is not required for this site. A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to contact me at(574)235-9571. Sincerely, Matthew P. Chappuies, Planner • SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W WW. T IO SEPHCOU NT TI NDI A N A.COM/A RE APL AN ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4325 S. MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To change zoning from CB Community Business District to MU Mixed Use District to allow for a residential dwelling unit above a flower shop. 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: Lots 3 & 22 of Byers Addition Pro be and the same is hereby established as MU Mixed Use 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 , 2 , at o'clock . m. Deputy, City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Filed in i Clerk's Office 1 st READING V PUBLIC HEARING _ 3 rd READING 401Th SOUTH 1i0V"t.;x•Y NOT APPROVE. t_o-lr- CITY CLERK,S SENO,IN REFERRED.,%( ' &� �� PASS ' --..+2 PETITION FOR A COMBINED PUBLIC 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: 4325 S Michigan Street South Bend, IN 46614 2) The property Tax Key Number(s) is/are: 023-1025-1328 and 023-1025-1346 3) Name and address of property owner(s)of the petition site: Flowers By Stephen &Assoc LLC 4325 S Michigan Street South Bend, IN 46614 574 291-2250 jlowersbystephen @yahoo.corn Name and address of additional property owners, if applicable:n/a 4) Name and address of contingent purchaser(s), if applicable: n/a Name and address of additional property owners, if applicable: n/a 5) It is desired and requested that this property be rezoned: From:. CB Community Business District N/A To: MU Mixed Use District 6) This rezoning is requested to allow the following use(s): To correctly zone a pre-existing apartment above retail flower shop. 7) If applicable,a detailed description and the purpose of the variance(s)being requested: 1)A variance from the required perimeter landscaping to none to accommodate the pre-existing placement of the building and pavement on the property. 2)A variance from the required parking screening to none to accommodate the pre-existing placement of the building and pavement on the property 3)A variance from the requirement that no trash container be located between a front façade and afront lot line to accommodate the pre-existing layout of the property. 4)A variance from the required trash enclosure screening to none to accommodate the pre-existing layout of the property. 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: Approval of the variances would not be injurious since the phyical building and property use will not be changed. (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; and: Granting the variances would not affect the area around the property adversely since the physical building would not be changed. The building has been the same since built in 1959. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Requiring the perimeter landscaping,parking screening, and dumpster placement with screening, would demand that the pre-existing asphalt be removed. Required parking spaces would be lost, and therefore would put Flowers by Stephen &Assoc LLC out of business. This flower shop has been in the southside neighborhood for 55 years. 9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted. 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: (a) The proposed use will not be injurious to the public health, safety,comfort, community moral standards,convenience or general welfare: N/a (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: N/a (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: N/a (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.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 list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; • (b)addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: 'rifts Luczkowski fr'w oak, 4325 S Michigan Street South Bend, IN 46614 ry,� '9 2Q 15 574 291-2250 u flowersbystephen@yahoo.com Jaiii Ct1Y CLER', p e •Signa r,(s)of all,pr..a ,,/ �owner(s),or Si_ .ture of Attorney for all property owner s : ..... ,,,,, EN-,AN A ktu, Le 't/l.. , to . Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS STATEMENT OF PURPOSE AND INTENT The current downspout regulations for the City of South Bend are codified into the South Bend Municipal Code as Section 17-4, which have not been updated since 1970. For the past several years, the City has had a voluntary"Downspout Disconnect Program". It requires a property owner who wishes to participate in the program, to sign a hold harmless and indemnification agreement. The City may then "disconnect the downspouts, cap the drainway, and add an extension to- the downspout so the water drains into the yard instead of into the combined sewer". On December 29, 2011, the U.S. Attorney's office announced a cost estimate of$509.5 million for the proposed improvements to the City's combined sewer system. The Common Council has been advised that it is now estimated to cost over $667 million to implement the Long Term Control Plan (LTCP) required by the Environmental Protection Agency (EPA) mandate addressed in the Court's Consent Decree. The Common Council and the Department of Public Works believe that updating the downspout regulations will help minimize such discharges. Downspout disconnection is also recommended by the EPA as part of its"Green Infrastructure". It essentially reroutes rooftop drainage pipes to drain rainwater to rain barrels and permeable areas, instead of into the storm sewer. The Common Council,working in collaboration with the City's Public Works Director,also acknowledge that the Indiana Department of Environmental Management(IDEM) also recommend that downspouts be connected to rain barrels so that such captured water can be used to"irrigate landscape during dry periods". Such practices are par of the "Urban Nonpoint Source Best Management Practices" recommended by IDEM. This ordinance is believed to be in the best interests of the public health, safety and welfare of the City of South Bend, Indiana. 9i4 a, /ure,re, ae tic Ordaained 4y lie Vhrun1c>a Vannei/$$$e c4:7 e cf/ Jdirma, ad Miand : Section I. Chapter 17, Article 1, Section 17-4 of the South Bend Municipal Code is amended to read as follows: Sec. 17-4 Drains and Downspouts Disconnection Requirements; Limited Exceptions. Drain and Downspout Disconnect Ordinance Regulations Page 2 (a) . - , • _ - . - . -, - : No newly constructed gutter, downspout,roof drain, foundation drain or off-street parking area drain shall be connected with or permitted to drain into the sanitary sewer system of the City. After such date, Whenever it becomes necessary to rebuild, repair or replace any such drain = ' '• : : : : . - -- . -• •- •: •, - - .. - it shall be rebuilt, repaired or replaced in such a manner that it will no longer be built;repaired or replaced in such a manner that it will no longer be connected with or flow into the sanitary sewer system of the City. the a pleted (b) Storm water and all other unpolluted drainage including cooling water shall be discharged to retention or detention basins, to naturally occurring or construed wetlands, to rain barrels, cisterns, to a natural outlet, or utilize other Best Management Practices (BMP) methods approved by the Department of Public Works and authorized by the Indiana Department of Environmental Management (IDEM) or in the case of residential properties to "On-Lot Treatment" practices recommended by the Environmental Protection Agency (EPA).' The Department of Public Works is authorized to institute additional compliance regulations and standards so long as they are discussed with the Council's Utilities Committee prior to taking effect and conspicuously posted on the City of South Bend's official municipal website. (c) Due to the extraordinary estimated costs to implement the Long Term Control Plan (LTCP) mandated by the Environmental Protection Agency(EPA) and the Indiana Department of Environmental Management(IDEM),all buildings,sump pumps,and parking lots which currently direct their stormwater into the sanitary or combined or storm water sewers shall have up to five (5) years from the date of the passage of this ordinance to disconnect, with the following limited exceptions and requirements: (1) All building rooftops located in Commercial/Mixed Use Districts defined in Section 21-03 of Article 3 of Chapter 21 of the South Bend Municipal Code which include: OB Office Buffer District, MU Mixed Use District, 0 Office District, LB Local Business District, CB Community Business District, CBD Central Business District, and GB General Business District, shall have a limited exemption which shall be subiect to the owner(s) of each such building filing with the City's Department of Public Works (DPW) within the first three(3) years of said five (5) year period, a feasibility study ' IDEM sets forth"Technical Resources for Best Management Practices(BMP)which promote the most environmentally- friendly methodologies. See: www.in.govJDEM.The EPA has set forth as part of their"Best Management Practices"On-Lot Treatment methods which are available at http://water.epa.gov/polwaste/npdes/swbmp/On-Lot-Treatment.cfm Drain and Downspout Disconnect Ordinance Regulations Page 3 and a cost/benefit analysis to confirm that compliance may be cost prohibitive due to the building having an internal drainage system, due to impervious surfaces, or other documented reasons which shall be reviewed by DPW. DPW shall review such documentation and meet with the owner to determine if there are any other alternatives such as rooftop gardens and/or green roofs for their building rooftops,which should be designed to lower the temperature of the building, filter pollution and reduce the amount of run-off from rain. The building owner may appeal the decision of DPW to the Board of Public Works within ten (10) days of the DPW decision. DPW shall maintain a comprehensive listing of all such properties by address and provide a status update on compliance to the Council's Utilities Committee no later than October 1st of each year. (2) All roofs and sump pumps of all one and two family detached houses, addressed in Chapter 21, Article 2, Section 21-02 of the South Bend Municipal Code as a single family dwelling or a two family dwelling shall be disconnected on or before December 31, 2018. Owners of such single family dwellings or two family dwellings may participate on a one-time basis, at no charge to such owner(s) in calendar year 2016 and 2017, in the City of South Bend's "Downspout Disconnect Program". This program is part of the Neighborhood Improvement program administered by the Division of Engineering in the Department of Public Works.2 Anyone who has not complied with required disconnections by December 31, 2017, may participate in the Downspout Disconnect Program in the 2018 calendar year, however he/she shall be charged for such services at the rates established by the Board of Public Works. Any owner of a one or two family detached house addressed in this paragraph who believes that he/she cannot comply with the disconnection requirements must file a cost/benefit analysis to confirm that compliance would be cost prohibitive due to impervious surfaces,or other documented reasons which shall be reviewed by DPW. The building owner may appeal the decision of DPW to the Board of Public Works within ten (I0) days of the DPW decision. DPW shall maintain a comprehensive listing of all such properties by address and provide a status update on compliance to the Council's Utilities Committee no later than October 1st of each year. Section II. If any part, subsection, section,paragraph, sub-paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. 2 Information on the Downspout Disconnect Program and the hold harmless and indemnification agreement are available at http://www.ci.south-bend.in.us/government/content/neighborhood-improvement-programs Drain and Downspout Disconnect Ordinance Regulations Page 4 Henry Davis, Jr., 2nd District ouncil Member South Bend Common Council Dr. David Varner, 5th District Council Member South Bend Common Council Dr. Fred Ferlic,4th District Council Member South Bend Common Council 9_ ic�u: Office of the City Clerk n iroenteelby 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 ,coN/.m(/ /,./by me on the day of 2015, at o'clock_. m. Pete Buttigieg, Mayor City of South Bend, Indiana Filed in Clerk's Office lit READING PUBLIC HEARING AUG. 1 9 2015 3 rd READING NOT APPROVED JOI* VOO, DE REFERRED CITY CLERK,SOUTH BEND,IN PASSED t,• U adc: i=ii The South Bend Common Council 227 West Jefferson Boulevard,Room 441 Downtown South Bend,Indiana 46601 574.235.9321 August 18, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Downspout Disconnection Regulations Dear Council Members; We are filing the attached proposed ordinance to update the City's downspout regulations. In light of the $667 million cost estimate to implement the Long Term Control Plan (LTCP) required by the Environmental Protection Agency(EPA) mandate addressed in the December 2011 judicial Consent Decree,we believe that all reasonable steps should be taken to help minimize discharges into storm sewers. It is estimated that approximately 50% of the 40,000 one and two-family houses in South Bend have downspouts which are still connected. The proposed ordinance would: • Create a 3-year period for all owners of a one or two-family dwelling to comply. • Would continue the City's "Downspout Disconnect Program" at no charge for owners of a one or two-family dwelling for calendar years 2016 and 2017, and would authorize the Board of Public Works to establish reasonable fees for the program effective January 1, 2018. • Would create a 3-year period for owners of buildings in Commercial/Mixed Use Districts to comply. • Would establish a process where any affected property owner who believes that compliance would be cost prohibitive would be required to file a cost/benefit analysis with the Department of Public Works and would permit an appeal of their decision to the Board of Public Works. Downspout Disconnect Cover Letter—page 2 We believe that the proposed regulations are proactive and reasonable. We request that the Bill be sent to the Council's Utilities Committee for review and recommendation. Thank you. Most sincer- .* Y Henr v(Jr. t Council Member South Bend Common Counci Dr. David Varner, 5th District Council Member Utilities Committee Chairperson Dr. Fred Ferlic, 4`11 District Council Member South Bend Common Council Attachment cc; Eric Horvath, P.E., Department of Public Works Director L( � �Er No. Ordinance No. -15 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 4,ARTICLE 4, SECTION 4-45 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING NEW REGULATIONS ADDRESSING MOBILE FOOD VENDORS,MOBILE FOOD VENDING VEHICLES,AND UPDATING RESTAURANT REGULATIONS. STATEMENT OF PURPOSE AND INTENT Chapter 4, Article 4, Section 4-45 of the South Bend Municipal Code mandates how restaurants operating within the City of South Bend are to be licensed and regulated by the City Controller's Office. The purpose of this ordinance is to amend Section 4-45 of Chapter 4, Article 4 of the South Bend Municipal Code to modify and expand the definition of"Restaurants"to include mobile food trucks, mobile food carts, establishments serving continental breakfast,and establishments with soda fountains, coffee dispensaries and/or slushy machines. The Common Council of the City of South Bend finds that the mobile food vending industry has grown considerably in recent years. In order to foster entrepreneurial opportunity for new and expanding restaurants, to create vibrancy in the City, particularly the downtown, and to provide additional food options for businesses in the outlying city areas, the recognition of mobile food vendors and implementation of a centralized process to issue permits to such vendors would be appropriate. The Common Council of the City of South Bend finds that it is in the best interest of the public health and safety of the citizens of South Bend to authorize, regulate, and monitor mobile food vendor establishments that serve cooked and prepared food and/or drinks. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. Chapter 4, Article 4, Section 4-45 of the South Bend Municipal Code, is hereby amended to read in its entirety as follows: Sec. 4-45 Restaurants,generally Itinerant Restaurants, and Mobile Vendor Vehicles. (a) Definitions: 1 (1) Food means any raw, cooked or processed edible substance,beverage or ingredient used or intended for use or for sale in whole or in.part for human consumption. (2) Health Officer means the County official having the power and jurisdiction to enforce public health laws and regulations within the City. (3) Restaurant means any coffee shop, cafeteria, short order cafe, luncheonette, grill, sandwich stand, soda fountain, drive-in restaurant, walk-up restaurant, mobile food vendor, mobile food cart, drive-in theater restaurant, in-plant food service, tavern commissary, snack bar, tea room, fast-food restaurant, or restaurant without live entertainment or music, food catering or food service establishment, hotel or motel where continental breakfast is served, retail food markets, whether fixed or movable, where food for human consumption is prepared or served in such manner that it is ready for consumption on the premises. The term "restaurant" shall not include a food service establishment that is known as a retail food market where food is not prepared and sewed for consumption on the premises with the exception of retail food markets that contain soda fountains, coffee dispensers or slushy machines; nor shall the term "restaurant" include any coin-operated vending machine dispensing any kind or type of food, confectionery or beverage. (4) Itinerant restaurant means any restaurant which operates for a temporary period of time not to exceed two (2) weeks, and includes, but is not limited to, those operated in conjunction with a fair, carnival, circus,public exhibition, or similar gathering. 5) Mobile Food Vendor Vehicle means a licensed motorized vehicle that is enclosed, self- contained and serves food items to the general public. Food items may be prepared, cooked, and assembled in the vehicle or may have been prepared, wrapped or packaged in a licensed food establishment. (6) Mobile Food Vendor Vehicle Sales means 80% of all revenues must come from food and beverages. (b) Health permit and license required;posting: (1) No person shall operate a restaurant or itinerant restaurant in the City who does not possess a valid permit from the Health Officer, and a valid restaurant or itinerant restaurant license. (2) The permit and license shall be posted in a conspicuous place in such restaurant or itinerant restaurant. (c) Applicability to restaurants operated by religious, educational or charitable institutions: (1) No license fee shall be paid for restaurants or itinerant restaurants operated by fraternal organizations, service clubs, or religious, educational or charitable institutions. However, all other provisions of this section shall apply to such establishments. (d) License issuance 2 (1) A license required by this section shall be issued by the Office of the City Controller to evidenced by a valid Health Permit; inspections by the Fire Department and Building (d) Guidelines for Mobile Food Vendor Vehicles: Mobile Food Vendors ("vendors") that hold a valid business license for operating a mobile food vendor vehicle ("vehicle") under this provision must follow the guidelines below: (1) Vehicles parked in the downtown business entertainment district area may park up to four hours. Parking is permitted in any spot that meets the conditions specified in the subparts which follow. Parking in spaces that are parallel to the sidewalk is acceptable if all parking and traffic laws are adhered to; (2) Vehicles are permitted to be parked in areas zoned for business, commercial, industrial, and mixed use only. (3) Vehicles are prohibited from parking in restricted areas or areas that are residentially zoned neighborhoods, except that parking in a public park is authorized if the Parks Department has issued a permit to the vendor to operate in a public park. (4) Vehicles are prohibited from being stored in the open on a residentially zoned property. (5) Vehicles shall not be operated at a fixed location on any private or public property for more than four(4) hours and vehicles can be moved from place to place upon the public ways. (6) Vehicles shall maintain a minimum of five (5) feet of unobstructed sidewalk open for pedestrian and wheelchair traffic at all times. All points of sale shall occur on the curbside of the street from a sales window; 12) Vendors shall ensure that patrons are not blocking sidewalks; (8) Vendors shall ensure that all vehicle stops are made to service customers and stops must not exceed a total of four (4) hours or the maximum parking time permitted by posted sign, whichever is lesser, in any one (1) block, except for the downtown business entertainment district area where a vehicle shall have up to four hours parking notwithstanding the posted maximum subject to subpart 14 of this provision.. (9) Vendors shall ensure that the area adjacent to the vendor's service window is appropriate for heavy traffic flow; (10) Vendors shall not allow vehicle to block an access drive; (11) Vendors shall not allow vehicle to block fire hydrants; 3 (12) Vendors shall not allow vehicle to block the public right-of-way; (13) Vendors shall not allow vehicle to park within twenty-five (25) feet of a street comer; (14) Vendors shall not allow vehicle to park in a disabled person parking space, a designated 15 minute parking space, or a one hour parking space including within the downtown business entertainment district; (15) Vendors shall not set up BBQ pits, canopies, outdoor seating (e.g., outdoor tables or folding chairs), or indoor seating in the mobile food vendor vehicle; (16) Vendors shall not operate in a City park to sell, offer for sale, or display a food item, unless the person's activity is authorized by a written agreement or with written permission of the Parks Department; (17) Vendors shall not for any purpose play unreasonably loud amplified music, use unreasonably bright flashing lights, or use any unreasonably loud speaker, bell or other device, that distracts or otherwise reduces or adversely affects safety of other drivers or any person in the public right of way; (18) Vendors shall not sell food within a distance of one thousand (1,000) feet of any real estate which is then used as part of the school grounds of any duly accredited public or private grade, junior high, middle or high school between the hours of 7:00 a.m. and 3:30 p.m. on days when said schools are in session; (19) Vendors shall not allow owners, employees, or independent contractors to engage in conduct that is intimidating, disorderly, or abusive to others. This applies not only to the public, but towards other vendors operating under these rules and regulations; (20) Vendors shall provide, at the vendor's expense, all equipment necessary to provide the items for sale in the conduct of the business. All equipment used shall be in a self-contained unit. No storage area, water, electric, or other utility will be supplied by the City; (21) At termination of operations each day, vendors shall remove all items, containers, debris, etc. Mobile food vendor shall collect and dispose of all litter and garbage incidental to the operation of his vending business. The cleanliness of the specific area of operation shall be the sole responsibility of the vendor. Licensed vendors shall not place refuse from their operation in or beside any public trash container or in any drain along the streets or sidewalks; (22) Vendors shall operate all aspects of the business (cooking, sales and supplies) within the mobile food vendor vehicle and shall not distribute food samples or dispense other items outside of the mobile food vendor vehicle; and (23) Vendors shall indemnify and hold harmless the City of South Bend, including any agency, department, or commission of the City for any and all suits or actions brought against the City of South Bend on account of any loss, injury or damage sustained or claimed to have been sustained by any one in connection with or arising out of any negligent or willful misconduct of the mobile food vendor, any of its agents, employees, and/or independent contractors. 4 (24) Liability insurance required for mobile food vendor vehicles; contents: If the mobile food vendor operates a vehicle, no mobile food vendor business license may be issued, or continued in operation, unless there is on file in the office of the Controller and in force and effect a current policy of insurance covering each vehicle to be operated as a mobile food vehicle in an amount of not less than fifty thousand dollars ($50,000.00) for injury to or destruction of property as a result of any one (1) occurrence and a public liability policy covering accidental bodily injury, including death, to any member of the public in an amount of not less than three hundred thousand dollars ($300,000.00) for all public liability from any one (1) occurrence. The policy of insurance shall also provide for uninsured and under insured coverage in an amount of not less than one hundred thousand dollars ($100,000.00). The policy of insurance shall also include medical benefits in an amount of not less than fifty thousand dollars ($50,000.00). The policy shall be updated annually and be on file with the office of the Controller before any issuance or renewal of a company license. (ii) The policy of insurance shall insure the owner and any of the owner's agents against liability for the payment of any final judgment, less any deductible amounts, or retained limits not in excess of one thousand dollars ($1,000.00) that may be rendered against the owner or agent for injury or damages to the property or person of others, or for damage for the wrongful death of others, resulting from any accident or collision for which the owner or agent will be liable on account of any act of negligence in the operation of the vehicle, or which may arise or result from any violation of any of the provisions of this article or the laws of the State, by the owner or any of the owner's agents. (iii) The policy of insurance on file in the office of the Controller shall contain the following provision: "The City, through the office of the Controller, will be given fifteen (15) days' notice prior to the effective date of the cancellation or other material change of this policy." (e) License issuance: (1) A license required by this section shall be issued by the office of the City Controller to any person on application after inspection and approval by the County Health Officer, as evidenced by a valid Health Permit; inspections by the Fire Department and Building Department as may be required by the City Controller, and compliance with all the applicable provisions of this Code, and upon payment of the designated license fee. A license is required for each location, whether it be stationary or mobile. All applicants desiring to sell food by weight or measure shall file a valid certificate signed by the Sealer of Weights and Measures that all scales and measures to be used in said business have been tested and approved, at the time of making application. (f) License fees: (1) Restaurants: The City Controller shall issue a restaurant license to all persons complying with this section upon payment of ninety dollars ($90.00) per year, for 5 restaurants having a seating capacity of up to one hundred fifty (150) patrons; and one hundred ten dollars ($110.00) per year for restaurants having a seating capacity of one hundred fifty-one (151)patrons and over. (2) Itinerant restaurants: The City Controller shall issue an itinerant restaurant license to all persons complying with this section upon payment of seventy-five dollars ($75.00) per location per year. (3) Mobile Food Vendor Vehicles: The City Controller shall issue a mobile food vendor vehicle license to all persons complying with this section upon payment of five hundred twenty-five dollars ($525.00) per vehicle per year. This license shall be conspicuously displayed within the sales window. (g) Minimum sanitation requirements. All operators of restaurants and itinerant restaurants shall comply with the minimum sanitation requirements specified by the State Board of Health, as provided in its Regulation HFD 17 or all changes or amendments. The regulation and all changes and amendments are by reference incorporated herein and made part hereof. Two (2) copies of the regulation, changes and amendments are on file in the office of the City Clerk for public inspection. Section II. If any subsection, sentence, clause, phrase or word of this ordinance is declared to be invalid or unconstitutional by a court of proper jurisdiction, such determination 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 any publication required by law. Memb` o the Common Council Attest: wigo ,k big is only topeoPibdean Gc. k y for public biedifiN and John Voorde, City Clerk Council mita lit this usta Presented 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 Approved and signed by me on the day of at o 'clock T .._,. .a_..,._ ._. — m Filed in '°:rl° ' Office t! READNG r Lk 1.3� . PUBLIC HEARING 6 1,1,11) 1 2015 3rd READING NOT APPROVED ' jter RiFERRED PASSED CITY b Lare , sotTH BEND,ND,IN i~O4.�D111111�1�p��} 227 W.JEFFERSON BOULEVARD ?ry /0/..1% PHONE:574/235-9371 SUITE 1400 S. `v � � ,,, �� FAx:574/235-9021 SOUTH BEND,IN 46601-1830 w �k C5/'' /86 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR August 19, 2015 Councilman Tim Scott Personnel&Finance Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 Dear Councilman Tim Scott, The Department of Community Investment seeks to amend the restaurant ordinance to include mobile food trucks as an allowable business type within the City of South Bend. Attached is an amended ordinance revising various subsections of Chapter 4,Article 4, Section 4-45 of the South Bend Municipal Code inclusive of new regulations addressing mobile food trucks, and updating restaurant regulations. The Department of Community Investment has worked closely with the St. Joseph County Health Department,which enforces the State health guidelines, to ensure all concerns regarding food safety is handled properly. The BPW,Building,Fire,Legal,and DTSB have reviewed the ordinance and are all satisfied with the changes being recommended. Nationally,the mobile food truck industry has increased a great deal in recent years and has led to the creation of many new businesses and jobs. Amending the local ordinance to allow mobile food trucks will foster entrepreneurial opportunity for new and expanding restaurants, create vibrancy in downtown,and provide additional food options for businesses in the outlying areas of the city. With your approval,the Department of Community Investment staff will present the amendment to the restaurant ordinance(Chapter 4,Article 4, Section 4-45)to Personnel and Finance Committee and the Common Council on August 24,2015. Than • FI18d in Cleitee Office at. tilt) 19 Z015 Director of Bu less P-velopment 3°1- : €+ _ Department of Co m ity Investment Clay C Min SOUTH t3ENp'IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES ifiP JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB 1, �I;t� A fth [ CAI RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5115 Dylan Drive, South Bend, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: FedEx Ground Package System, Inc. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 5115 Dylan Drive, South Bend, IN 46628 and which is more particularly described as follows: Business Personal Property and which has a Key Number to be assigned be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seat., and; WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1-12.1-4.5 et sue., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(5) five years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ......____cN. Member of the Common Council Spam alit.19 el ilia Craig all pursrsn-ED opportray for public WON and limit APPRoviii 2 Council action on this lam W,DOPTia TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: FedEx Ground Package Systems,Inc. DATE: August 17, 2015 On Tuesday, August 4, 2015, a petition from FedEx Ground Package System, Inc., was received and subsequently filed with the City Clerk for personal property tax abatement consideration for property to be located at 5115 Dylan Drive, South Bend, IN 46628. Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area,and makes the following report. PROJECT SUMMARY D Purchase new equipment to accommodate their anticipated growth. FedEx will be relocating the workforce from their Mishawaka based facility to the new, larger facility in South Bend. D New project taxes over the five year abatement period—$1,286,801 D Estimated taxes being abated over the five year abatement period—$592,944 D Total taxes to be paid on new and existing equipment over five year abatement period—$693,857 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: D Create 6 permanent, full-time jobs within the five year abatement period, representing a new annual payroll of$276,432 D 71 total jobs will be created(6 full time and 65 part time)with a total annual payroll of$1,079,524 D 19 permanent full-time jobs will be relocated from Mishawaka to South Bend with a total annual payroll of$875,216. D 127 total jobs will be relocated from Mishawaka to South Bend (19 full time and 108 part time)with a total annual payroll of$2,209,665 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITM KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. 5 YEAR 30-Jul-15 FedEx South Bend German Township Personal Property Tax Abatement Schedule* Tax Key Number 025-1010-016902 Current Assessed Value: 0 Estimated Project Cost: 15,000,000 40% 60% 100% 80% 60% 45% 37% 40% 20% Year 1 Year2 Year 3 Year4 Year 5 Current Assessed Value: AV&Tax Pay 2016 Pay 2017 Pay 2018 Pay 2019 Pay 2020 Current Assessed Value 100% Base Assessed Value 0 0 0 0 0 0 6,000,000 9,000,000 8,250,000 6,750,000 5,550,000 Less Abatement Deduction (6,000,000) (7,200,000) - (4,950,000) (2,700,000 Net Assessed Value 0 0 1,800,000 3,300,000 4,050,000 (4,440,000) Property Taxes: Assume constant tax rate of 5.4628% 5.4628% 5.4628% 5.4628% , 5.4628% 5.4628% Gross Tax(tax rate x net assessed value) 0 0 98,330 180,271 221,242 242,547 Less Circuit Breaker Credit 0 0 0 0 Net Tax 0 0 0 (48,532) 98,330 180,271 221,242 194,014 Circuit Breaker Cap Circuit Breaker 3.0000% 0 180,000 270,000 Debt Service 0.6197% 0 0 247,500 202,500 166,500 Circuit Braker Cap 1,154 67,950 27,598 27,514 0 180,000 281,154 267,950 227,596 194,014 ' New Combined Net Existing Project Existing&New Tax Tax Year Taxes Taxes Taxes Abated Paid Pay 2016 0 217,182 217,182 217,182 0 Pay 2017 0 325,772 325,772 227,443 98,330 Pay2018 0 298,625 298625 118,354 180,271 Pay 2019 0 244,329 244,329 23,088 221,242 Pay 2020 0 200,893 200,893 6,879 194,014 Totals 0 1,286 801 1,286,801 592944 693,857 This schedule is for estimation purposes only and assumes constant tax rates. The true tax values -_ will ultimately be determined by the actual assessed valuation and the then current tax rates. City of South Bend THE Petition for Incentives PetWon must include a$250 filing fee payable to the City Clerk's Office before processing con be complete rs.s General Information Project Name Project Number Legal name asregistured with Sevwryof FedEx Ground Package System,Inc Ott Business structure C Corporation Company bsite www,fedex.com Proposed Project Information Proposed project address 5115 Dylan Drive Parent company name FedEx Corporation City,State,Zip I South Bend.IN 46628 Legal owner N'estco South Bend,LLC Site acreage or acreage required 26.1180 Is the real estate owned or Leased Square feet of facility 208.361 if teased bf whom Fedex Ground Package System,Inc. •rimary Contact Information Primary company contact name Debbie Dillinger of Tax Advisor•FedEx Services Address of company contact 1000 FedEx Drive rPhOAe (412)859-5089 City,State,Zip Moon A 15108 Email R debbie.dlllinger @fedex.com Senior Official Information Company senior official name Title Address of company contact(If different from Phone ,above) City,State,Zip Emall -- onsultant Information/Agent Hired business censultant/atent name Duff&Phelps/Greg Myers Consultant release(Y/N) yes Address Local economic devil 39555 Orchard HO PI opment partner approval(Y/N Yes City,State,Zlp Novi,MI 48375 Email gregory.myers@duffandpheips.com •reject Overview Brief description of your FedEx Ground(FXG)provides cost-effective, throw small-package shipping g throughout North America,including dependable company,project,and Why the business-to-business delivery and convenient residential service. property Is necessary for economic growth As part of FedEx Ground's North American network expansion plan,FedEx Ground proposes to have a new 208,000 square feet distribution center built on Dylan Drive(Ameriplex Perk)in South Bend to allow for business growth The project would result in the relocation and significant expansion of its existing f 1 Misfiawaka.�IQ6�_ hick¢�outdo too s''t°II(Just under 55.000 SF)to accommodate planned growth In addition }Tt(� ciltf�1 (`"rid&r l dst approximately 515 million In material handling equipment at the roposed G,ayj rate-of-t e-art distribution facility via a long-term lease of 10.years. AUG 17 2015 JOHN VOOFiDR: CITY CLERK,SOUTH BEND,IR9 J Certified Technology Park appropriate No Community Revitalbaton Enhancement No Pjstr!n Certify that the Building Permit has not been Number of residential units created by Issued le/N1 otokeL Nrk If this is a petition for personal property tax abatement,has No the equipment been Installed Investment Details Public Infrastructure needs(Off- Has any 504 funding been What Is the value of arty equipment being purchased In What is the value of any equipment being site of project In dollars) received? Indiana for the project? purchased from out of state for the project? None No 5800.000 S14.200,000 New Project Investments Calendar Year 2014 2015 2016 2017 2018 2019 2020 2021 Land Acquisition $1.500.000 _-_---_ Building tease Payments -------- Building Purchase Costs New Building Construction $14,800.000 ---_-- Existing Building Improvements New Machinery&Equipment $"5 000.000 ----- Special Tooling/Retooling New Furniture/Fixtures New Computer/IT Hardware -_-_---- New Software ---_---- On-site Rail Infrastructure ---_---- On-site Fiber Infrastructure TOTAL Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative#of net NEW full time Hourly average wage,w/o Total training Total#to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2014 19 522.15 2015 2016 2017 4 52215 2018 2 522.15 2019 2020 2021 2022 2023 2024 2025 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers S11 12 Technical Managerial 531.11 526 89 Administrative $18.43 $14 94 r' owe •e t e in•ivi•ua responsi e or coor.mating wit WorkOne on recruitin:7 Not applicable Does your company have an EEO hiring policy? ves Are you an EEO employer? Yes Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year 2012 2013 2014 three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black 23 1 33 28 FedEx's diversity mission statement Hispanic says"we value the contributions and P 1 4 1 4 10 perspectives of all employees Asian _-_ -- regardless race,gender,culture, religion,age.e,nationality,disability,or Indian sexual orientation." For detailed 1 1 information about diversity and inclusion Female 5 29 3 38 2 33 at FedEx,please refer to the _-_--- company's iversit at http:l/about.van. Other fedex.com/diversity. Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If Qualify Earned Points Available Points (Yes or No) you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): A. Employ Local Companies(75%) Yes 20 20 B. Purchase Materials from Local Companies(75%) No 0 20 C. Require Employees vs.Independent Contractors No 0 19 D. Require Prevailing Wage(Davis Bacon) No 0 22 E. Require Health Benefits Nc 0 22 F. Require Pension Benefits No 0 18 G. Maintain Affirmative Action Plan No 0 20 ISub-total Construction Related: 20 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 0 15 F. • Provide Transportation Assistance No 0 14 G. Provide Employer Assisted Housing program No 0 9 Isub-total Wage&Benefit Related: r24 152 3 Workforce Related: _ A. Create New Jobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 3S No . D. Provide Targeted Hiring Preference 34 Sub-total Workforce Related: 118 152 4 Support a Municipal Facility Support a SB Municipal Facility(donations to the A. zoo,conservatory,museum,etc.) Nc U 84 Name of Facility I ISub-total Municipal Facility: .1 84 Sub-total from Above: 262 539 1X.t.ilw.l. The undersigned owner(s)of reel+property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real artd/eepersonal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. r Submitted By: i' •\-,..y. .y(, .. Date: 1/7 l i` I - What is the current assessed value? Real Property: $28,200 Personal Property: $0 What Is the protected assessed value? Real Property: $14,800.000 Personal Property: $15,000.000 What Is the Us key number for this project? 1 025-1010.016902 What Is the six digit NAICS code? 492110 Please attach a Google map and street view of the location. See Attachment A Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One $1,502.58 N/A — Year Two 51.396.01 N/A Year Three $1,261.54 N/A Year four $1,004.65 N/A Year Pine $889.06 N/A Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above. (Y or N) Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 'Sub-total Project Related: 0 120 6 Super Size Projects(point values are cumulative): A. 1130%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over 52 Sub-total Super Size Projects: 0 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading l4 6. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 0 131 Total from Applicant Section: 262 539 Total from Staff Section: 0 461 Total Public Benefit Points: 262 1 000 - Supplement to Petition for Incentives Frequently Asked Questions We are frequently asked to explain the following questions,in an effort to clarify we are providing answers below. 1)How do I pay my petition filing fee? Your petition filing fee can be paid either in person or via mail to: City Clerk's Office Attn:Deputy City Clerk 227 West Jefferson Blvd.•Suite 400 S South Bend,Indiana 46601 2)Certified Technology Park appropriate?(Page one,under project overview) In the South Bend area there are only two Certified Technology Parks,Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3)Community Revitalization Enhancement District?(Page one,under project overview) The map below outlines the CRED area,please check to see if you fall within the boundaries. -� CREeD District Bounda - '- ..,South__ Sout ou, Ford w p • Poland tDunham Faller Tut/ Tuft S.mpe 3 Kerr Ohio Garet LL igntpen Stull ( Broadway 5 $ Haney Legend c c5j N 0a.e.oDemos I fndtena e fndr...s� 4 /A N South Bend Faro&. 4) Has any 509 funding been received? (Page one,under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. 5)Total training expenditure-not cumulative(Page two,under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6)Total number to be trained-not cumulative(Page two,under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document,please contact Sarah Heintzelrnan in the Department of Community Investment at 574.235.5842 or email at sheintze¢ th,en i'• fv t+ed in Clerk's Office- rcoi N15 JOHN VOO DE CITY CLERIC,SOUTH BEND,IN Filed it ti "``,r„k's Office * STATEMENT OF BENEFITS r, `�� ,. PERSONAL PROPERTY FORM S8-1 1 PP 1 .r i::. Stale Form 51764(R2!12-11) ...-.�e .:. .. ...'-�`._. Prescribed by the Department of Local Government Fin nq�i � (�^ ) ii1; SEND,IN PRIVACY NOTICE —...—, ..,,,, -,--^.,,-... ._ The coat and any specific individual's salary information is confidential;the balance of the filing is public record per IC 6-1.1-12.1-5.1(c)and(d). INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. Projects"planned or committed to after July 1, 1987, and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (iC 6-1.1-12.1) 2. Approval of the designating body(City Council, Town Board,County Council,etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment,BEFORE a deduction may be approved 3. To obtain a deduction,a person must file a certified deduction schedule with the person's persona!property return on a certified deduction schedule(Form 103-ERA)with the township assessor of the township where the properly is situated or with the county assessor if there is no township assessor for the township. The 103-ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment end/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully funcfionef, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year 4 Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1/PP annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 5. The schedules established under iC 6-1.1-12.1-4.5(d)and(a)apply to equipment installed after March 1,2001,unless an alternative deduction schedule is adopted by the designating body(IC 6-1.1-12.1-17). SECTION 1 TAXPAYER INFORMATION Name of taxpayer FedEx Ground Package System, Inc. Address of taxpayer(number and street,city,slat),and ZIP code) 1000 FedEx Drive, Moon Twp., PA 15108 Name of contact person Telephone number Debbie Dillinger (412)859-5089 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body City of South Bend Resolution number(s) Location of property County DLGF taxing district number 5115 Dylan Drive St. Joseph Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. (use additional sheets if necessary) START DATE COMPLETION DATE FedEx Ground will purchase and install logistical distribution Manufacturing Equipment equipment at the project site that includes material handling and R&0 Equipment related equipment necessary to run the new distribution facility. Logist Dist Equipment 09/14/2015 04/01/2016 IT Equipment SECT ION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number reiailed Salaries Number additional Salaries 127 $2,209,665 127 $2,209,665 71 $1,079,524 SECT ION 4 ESTIMATED TOTAL COST AND VALUE OF-PROPOSED PROJECT NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the liagraM R&D EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST AE D COST ASSESSED COST ASSESSED —_-- VALUE so so Current values Plus estimated values of proposed project _== sts.00c COO 515 000.003-- Less values of any property being replaced so Sc Net estimated values upon completion of project ---= sls oeo.oao 515.000,000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) 0.00 Estimated hazardous waste converted(pounds) 0.00 Other benefits: SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signalure of authoi ed rrepr tative, Title Date signed(moll',_day,year) I`i.ri t1Jv�, \ )11"-i 1:x4 1,I4 it I . 1/ )/(;_ 4,i ge1of2 1 FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5, provides for the following limitations as authorized under IC 6-1.1-12.1-2. A.The designated area has been limited to a period of time not to exceed calendar years•(see below). The date this designation expires is B.The type of deduction that is allowed in the designated area is limited to: 1, Installation of new manufacturing equipment; ❑ Yes ® No 2. Installation of new research and development equipment; ® Yes ❑ N o 3. Installation of new logistical distribution equipment. 0 Yes C/N o 4. Installation of new information technology equipment; [ ]Ye s ❑N o C. The amount of deduction applicable to new manufacturing equipment Is limited to$ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to$ cost with an assessed value of E.The amount of deduction applicable to new logistical distribution equipment is limited to$ cost with an assessed value of F. The amount of deduction applicable to new information technology equipment is limited to$ cost with an assessed value of $ G. Other limitations or conditions(specify) H. The deduction for new manufacturing equipment end/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1,2000.is allowed for: ❑ 1 year ❑6 years "For ERA's established prior to July 1.2000.only a 2 years ❑7 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑8 years ❑ 4 years ❑9 years 0 5 years" ❑ 10 years" I. Did the designating body adopt an alternative deduction schedule per IC 6-1.1-12.1-17? m Yes ❑No If yes,attach a copy of the alternative deduction schedule to this form. Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved:(signefure end title of authorized member) Teleptone number Date signed(month•day.your) Attested by Designated body If the designating body limits the time period during which an area is an economic revitalization area,It does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5 Page 2 of 2 Attachment A—Google Map and Street View 1 / e 4 „. E IP F. 144.41.1.Tr,t0 1 ; i.va..• 4 .... ) •" 'Ci• . I 1 '... , i V 1••.1 I...,1 ttli•Hol 7..•k:.4.1 at.,1. 4: •... • . I Ito"...11.-,1C4 • • ........ . + ■. al ...•0. 1 4 ' ti • fd,. . . 1.. (•••••■•vgl.',/,•„,, a 1 • ,4440,14.11.21,14414a14 ',Wes 14••., 14.10,1 01.1110. 100:C•1---• tilt.D, sr.,.en-4,r.4M:a •serwarott 44.1nros 4— Wan (S.)•31•4.e.Vol.•los 7011 9 -. . . -...11. _.::,* i:-t • •.. _ 4 •. .,.., - . ..q....-1 • MgttrrArt:glgli":f -^4-1,-f - ..--. . ;094,41,7;:‘,:l. .4*.:.• ," ,.. ..--,.-.-: ;,.. ": .......4t..:::....0.11-;;,..,t-.),)... - • - - .. .. . ,.....--- - L. J • • 41- :, ... • . .:,.."..e.0.-ir• . — ,i ...%• ,...,44k.. ....e.re. 6 .CI le • . ' !•■••■ .47. OA 1 ,03- I rc__ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 802 East St. Vincent Street, South Bend, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR James and Susan Farrington WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,requesting that the area commonly known as 802 East St. Vincent Street, South Bend, IN 46617 and which is more particularly described as follows: THE WEST HALF OF LOT NUMBERED 83 AND 14 FEET OF THE NORTH SIDE OF LOT NUMBERED 84 IN EDWARD SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL, NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND,AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, WHICH PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS, VIZ: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 83, SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL; THENCE RUNNING SOUTH, 66 FEET; THENCE EAST ABOUT 111.55 FEET TO A PUBLIC ALLEY; THENCE NORTH, 66 FEET TO THE NORTH LINE OF SAID LOT; THENCE WEST, ABOUT 111.55 FEET TO THE PLACE OF BEGINNING, AND 14 FEET TAKEN OFF OF AND FROM THE NORTH SIDE OF THE WEST ONE HALF OF LOT 84, SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL, NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et sue., and South Bend Municipal Code Sections 2-76,et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1- 12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10,2003: A. The area is comprised of parcels that are either unimproved or contain only one(1) or two(2)family dwellings designed for up to four(4)families,including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of • this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted a real 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. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. sigabg al tit l3 t l6 p an owns* for public hem* and Member of the Common Council Council Orca Ms Filed In ClArk's Office • nr9 -8 2015 pResENTEgi NOT APPR6. JC�dti : 'aOi•1Di�s AnOPTia3 CITY CLERK,CLERK,2UTH BEND,IN spUTHe •.. 227 W.JEFFERSON BOULEVARD c% S' PHONE:574/235-9371 SmrE 1400 S. k '�01 SJT FAX:174235-9021 SOUTH BEND,M46601-]830 ij y�Pria 3.1, CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR 9/4/2015 Mr. Charles Bulot Building Commissioner St.Joseph Co./South Bend Building Dept. 125 S. Lafayette Boulevard South Bend, IN 46601 RE: Residential Property Tax Abatement Petition For: James and Susan Farrington 802 East St.Vincent Street,South Bend,IN 46617 Prop ID 018-5104-3646 Dear Mr. Bulot: Please review the enclosed tax abatement petition for the above identified petitioner for the purpose of determining whether this project has met all zoning requirements. I also ask that you confirm whether or not any building permits have been issued for this project as of the date that you process this request.If a building permit has been issued,please indicate in your report the date of issue and include a copy of the permit with your report. This information will be included in a written report to the Community Investment Committee of the South Bend Common Council in order to determine tax abatement eligibility. I would appreciate your written determination by Wednesday, September 9, 2015. I thank you in advance for your time and consideration and,if you should have any questions, please call me at 235-9339. Sincerely, /Ze---, Aaron Kobb Department of Community Investment Enclosures PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JINN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB 227 W.JEFFERSON BOULEVARD �' %. ,). g:� .\� i/ e1; PHONE:574/235-9371 SUITE 1400S. FAx:574/235-9021 SourHBErro,IN 46601-1830 =LA ����.\: I.CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR September 4, 20]5 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for:James and Susan Farrington Dear Council Member Ferlic: Please find the attached information pertaining to a residential real property tax abatement petition submitted by James and Susan Farrington to a build a single-family home: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. The petitioner proposes to build a single-family home with an approximate construction value of $525,000. The project meets the qualifications for a(5) five-year residential property tax abatement and James and Susan Fan-ington will be available to meet with the Committee on Monday, September 14,2015. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-9339. Sincere `� rB ock Zeeb Director Economic Resources PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN Kim PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: James and Susan Farrington DATE: September 4,2015 On Monday, August 24, 2015, a petition from James and Susan Farrington was received and subsequently filed with the City Clerk for residential real property tax abatement consideration for a single-family home. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area,and makes the following report. PROJECT SUMMARY > (1) One single-family home at an approximate net assessed value of$247,705 > New total taxes during five year abatement period—$27,798 > Estimated taxes being abated during five year abatement period—$1893 > Total taxes to be paid during five year abatement period—$25,905 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the properties are located in the River East Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(5) five-year residential property tax abatement under section 2-77.1, Single Family Residential Construction. PLANNING • NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES BTIN KAIN PAMELA C.MEYER Onus FIELDING BROCK ZEES 1 5 YEAR 31-Aug-15 James and Susan Farrington South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: $525,000.00 Total Taxes Tax Abated" Tax Paid*" Assessed Value: Structure(%AV of cost) 80.0% 420,000.00 420,000.00 420,000.00 Land Value 10,700 10,70000. N/A N/A Gross Assessed Value 430,700.00 420,000.00 420,000.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00) Less Supplemental Homestead Deduction (134,995.00) (134,995.00) (134,995.00) Base Assessed Value 247,705.00 237,005.00 237,005.00 Less Maximum Abatement Deduction N/A N/A (74,880.00) Less Non-Abated Amount. N/A (162,125.00) N/A Plus Land Assessed Value N/A N/A 10,700.00 Net Assessed Value 247,705.00 74,880.00 172,825.00 Property Taxes; Assume constant tax rate of 5.4968% 5.4968% 5.4968% Gross Tax(tax rate x net assessed value) 13,615.88 4,116.01 9,499.87 Less County COIT Homestead Credit: 6.8095% (927.17) (280.28) (646.89) Tax Due Before Circuit Breaker 12,688.71 3,835.73 8,852.97 Less Circuit Breaker Credit (7,129.06) (3,457.07) (3.672.00) Net Tax 5,559.64 378.67 5,180.98 Circuit Breaker Cap Circuit Breaker 1.0000% 4,307.00 4,200.00 4,307.00 Debt Service 0.5057% 1252.64 378.67 873.98 Circuit Braker Cap 5,559.64 4,578.67 5,180.98 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 247,705.00 5,559.64 378.67 5,180.98 2 247,705.00 5,559.64 378.67 5,180.98 3 247,705.00 5,559.64 378.67 5,180.98 4 247,705.00 5,559.64 378.67 5,180.98 5 247,705.00 5,559.64 378.67 5,180.98 5 year totals: 27,798.22 1,893.34 25,904.88 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at$74,880 of assessed value of structures only and does not include land assessed value. `"Tax Paid Is calculated using the difference between actual assessed value of structure and maximum abated portion of$74,880 and adding back the land assessed value. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to LC. 6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec. 2-76 et seq.,for this petition state the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): Construction of a 3400 SF home (plus 950 SF finished area on lower leve)ith 5 bedrooms and 5 1/2 baths and two car9arage and kitchen, dining room, family room and office on the 1st floor, and 4 bedrooms and laundry area on the 2nd floor. Features will include a linear fireplaces built-in bookcasesz hardwood flooring andpatio. 2. Estimate the dollar value of the construction project(do not include land cost): $ 525,000 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest James F. and Susan Farrington 15 Shady Acres Rd., Darien, CT 06820 4. The commonly known address of the Property is: 802 East St. Vincent St., South Bend and having tax key no.:71-08.01-281-001.000-026 (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 8. The current assessed valuation of the property before construction is $ 35,400 (use additional sheet for multiple addresses). (Information may be obtained from the St.Joseph County Assessor's Office, 235-9523). 9. List the real property taxes paid at the location during the previous two years,whether paid by the current owner or a previous owner(use additional sheet for multiple addresses): $0 (This information may be obtained from the St.Joseph County Treasurers office, 235.9.531) 10. What is your best estimate of the after completion market value of the property: $ 600,000 (Rev. 5/13/11) 1 • 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: None 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property:The nu' 6°440061 in Wtirch tt s a rest delerioraiedb a � itte.410' _L99,ta's_1�+eN�vrD�., ut_/faual1 i o ,' neer whLsntib resider is bVi1 ���,t� llnll•w '"_ , a a iktf1tAfof Si2IL h tSeYJSt!4721 ot�e enda _en . ii• ;•new s Aden ld of�d�no n* 11at n r 641/44,1hicl_anllirk2in:O TIS Wt ue eind increues real es le fIx Collections. 14. The current use of the property is and the current zoning is SF2 (use). (This information may be obtained from the Building Department 235-9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission(requiring approval of the tax abatement by the Redevelopment Commission): 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Address City,State, Zip Telephone E-mail Address WHEREFORE, Petitioner has paid the required fee of$50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of ljtoperry Owner(s): ierWs Office c�.r Filed in �. i`;,vY•2 77-]"_. By: aAkeyitA__ (Signature) J4.--t ; 1N James F. Farrington and Susan Farrington Cr"CL ER‘' c;s}„ ,inn, (Typed or printed name and capacity) (Rev. 5/13/11) 2 EXHIBIT A DESCRIPTION OF THE PROPERTY The West Half of Lot Numbered 83 and 14 feet of the North side of Lot Numbered 84 in Edward Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, as per plat thereof recorded in Plat Book 1,page 10 in the Office of the Recorder of Saint Joseph County, Indiana,which part is bounded by a line running as follows,viz: Beginning at the Northwest corner of said Lot 83,Sorin's Second Addition to the Town of Lowell: thence running South,66 feet; thence East,about 111.55 feet to a public alley;thence North,66 feet to the North line of said Lot;thence West,about 111.55 feet to the place of beginning, and 14 feet taken off of and from the North side of the West One Half of Lot 94, Sorin's Second Addition to the Town of Lowell,now within and a part of the City of South Bend, in St. Joseph County, Indiana. Filed in Ci r'irsbffice AU.072 q 2015 CITYf;`4ER 3o1 THE ENO,IN EXHIBIT B MAP SHOWING LOCATION OF SUBJECT PROPERTY 802 St.Vincent Street, South Bend tf• O R�iurkt t Public House t 1 , Chipntle t texican GPO v! i i Si, otht?rs 13e?&'Grill' >n Blvd - - Napoleun I a g 802 Saint Yinc4rrt.StrEet, `� South Bend.11.1 Vincent stie17 si Yncent St - n v m X Q e... ..., c 4: - N Howard.St _ z oT T x Kalorm St m z 2 a fD w Corby Blvd 2 Cr $ z.. 9 • m /9 XD Filed in 6;!ar1 s Office ,U3 2 4 2015 JOHN VOO DE CITY CLERlt,SOY rn KENO,IN EXHIBIT C PICTURES OF THE SUBJECT PROPERTY 4 •{ , d • Existing structure from the corner of St. Vincent and St. Peter Streets '.101* ._.., .14.1011., - / ■•■• art . ,_ •filii.., ae. f- rill • • y d. !` .,.. ,i.ryS.-h' .`.'�4:7V7 " '• . • r. 4 +' 1 1 F f {i ZF Existing structures from St. Vincent Street F ce 1 AL10. 24 215 I CITY CLjatif S.Oir-h',)END, IN t7`"T°� STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS 20PAY20_ State Form 51767(R2 -07) FORM SB-1 /Real Property °'�--'/ Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code(check one box): Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) ❑ Eligible vacant building(IC 6-1.1-12.1-4.8) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects"planned or committed to after July 1, 1987,and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body(City Council, Town Board, County Council,etc.)must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction,application Form 322 ERA/RE or Form 322 ERANBD, Whichever is applicable,must be filed with the County Auditor by the later of:(1)May 10;or(2) thirty(30)days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application to show compliance with the Statement of Benefits. [IC 6-1.1-12.1-5.1(b)and IC 6-1.1-12.1 6.3601 5. The schedules established under iC 6-1.1-12.1-4(d)for rehabilitated property and un “ 1.a of benefits approved on or after July 1, 2000. The schedules effective prior to Jul 1, 28 P I Neh - e c� ��` apply to any ledtbe ore July 1,2000. p July 0 , ! tir�iie to apply to a s atemerl of benefits filed before SECTION 1 TAXPAYER INFORMATION Name of taxpayer Uv, al 411 James F. and Susan Farrington Address of taxpayer(number and street,city,state,and ZIP code) 15 Shady Acres Rd., Darien, CT 06920 CITY CLLE.RI.,SO i: JEND,IN Name of contact person Telephone number � — " E-mail address James Farrington (203) 550-1683 ifarrinq( nd.edu SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Location of property [County DLGF taxing district number 802 St. Vincent Street, South Bend St. Josepy Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) — Estimated start date(month,day,year) construction of 5 bedroom, 5 1/2 bath home of approximately 3400 SF plus 950 SF finished lower level Estimated completion date(month,day,year) SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values _ Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted (pounds) Other benefits The neighborhood in which this property resides deteriorated badly throughout the 1970's, 1980's, and 1990's. The Notre Dame Avenue Housing Program (NDAHP) was created specifically by the University of Notre Dame in cooperation with the City of South Bend to reverse this trend by encouraging new, high-quality residential development in the neighborhood, which in turn supports housing values and increases real estate tax collections. All properties adjacent to the subject property are part of the NDAHP and the planned improvements will conform in all material respects with the NDAHP guidelines. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Sign tureo au orized re resentative ( I Title Dat sine A-g4/1 ----- ll g (month,day,year) lz���� Page 1 of 2 Ali A ) ri RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 4471-15 APPROVING THE DISPOSITION OF REAL PROPERTY LOCATED AT 51190 MAYFLOWER ROAD AND 51270 MAYFLOWER ROAD, SOUTH BEND,INDIANA WHEREAS, on July 13, 2015, the Common Council of the City of South Bend, Indiana (the "Common Council") adopted Resolution 4471-15 approving the disposition of real property located at 51190 and 51270 Mayflower Road, South Bend, Indiana (the "Disposition Resolution"); and WHEREAS, the Common Council desires to correct a scrivener's error appearing in the Disposition Resolution. NOW, THEREFORE, BE IT RESOLVED BY TIlE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. Each instance of"Ind. Code 36-1-11-4.2" in the Disposition Resolution is deleted and "Ind. Code 36-1-11-4" is inserted in its place. Section II. The Disposition Resolution is reaffirmed in all other respects and will continue in full force and effect according to its terms. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Ma, : . Member, Common Council 1300.000000845124420.002 t�tt,,s bit {r2 an opportinly ttestisg and Council Win n on t a Hied in Y ( iGe gut torso µ.. 2015 Rat APR 0NiFt WV CLERK,.146IR OEND,IN Uottra "SOU B" 227 W.JEFFERSON BOULEVARD ?h to el �i ln�' SUITE 1400 S. u\ �\ j el; PHONE:574/235-9371 SOUTH BEND;IN 46601-1830 =y. .\MACK j c> FAx:574/235-9021 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR September 9, 2015 Mr.Tim Scott, President South Bend Common Council 4'B Floor County-City Building South Bend, IN 46601 RE: Correcting Scrivener Error in Resolution 4471-15 Dear President Scott: Attached for the Common Council's consideration is a Resolution correcting a scrivener's error to Resolution 4471-15,the sale of City owned property at 51190 and 51270 Mayflower Road. Staff requests that each reference to Indiana Code Section 36-1-11-4.2 be replaced with Indiana Code Section 36-1-11-4. I will be at Committee and Council to present and to answer any questions. Thank you, Brock Z!eeb� V/ Director of Economic Resources Department of Community Investment City of South Bend Filed in Clerk's Office ( '.Eo '�9 2015 JOHN YOONDE. CITY CLERK,SMITH FIEND,IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT JITIN K.AIN PAMELA C.MEYER CHRIS FIELDING ECONOMIC RESOURCES BROCK ZEEB 1--Guo 4-1413k- 6L- L t ( C -( 1 Substitute Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ESTABLISHING A NEW 311 CALL CENTER FUND#279 AND AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The City of South Bend 311 Call Center is a recent, successful service, commenced in 2012. With one easy phone number (311), citizens can ask questions or report non-criminal concerns about any matter within the City of South Bend, and the concern is addressed. The City's 311 Call Center is a separate City Department, presently having 6.5 full time, budgeted employees. The accounting for costs and services of the 311 Call Center's has been done within General Fund #101, Account No. 101-0104. User fees are assessed to the various City Departments in relation to the number of calls required to handle citizen issues of each Department. It is in the interest of government transparency and fiscal efficiency to create a separate fund to handle the costs and expenses of the City's 311 Call Center. This ordinance establishes a new and separate Fund#279 for that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. A new Fund #279 to be known as the "311 Call Center Fund" is hereby established for the purpose of receiving user fees from various City Departments and appropriating those funds for expenses of the City's 311 Call Center. SECTION II. Chapter 2, Article 14 of the South Bend Municipal Code is hereby amended to add a new Section 2-170.16 which shall read in its entirety as follows: Sec. 2-170.16. 311 Call Center Fund. Effective January 1, 2016, the 311 Call Center Fund (No. 279) is established to receive pro rata fees from various City Departments to be used to defray the expenses of the City of South Bend 311 Call Center. SECTION III. This ordinance shall be in full force and effect on January 1, 2016 after its passage by the Common Council and approval by the i - e `rte``•• Member, Bend Common Council Signing d this bil is only to poi&an ler pubic and Attest: C01l� on ce. i City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Filed itt •. Office st READING l-4+-IJ/ 5 It 0 2015 jt PUBLIC HEARING -- —....J 3 rd READING CITY JrgRg,I" Np{ryry N C� 1 CLERIC,+� Q E,�'!I'� iYYy IN NOT APPROVED ...,.. E{ERRED SSED 1200 COUNTY CL'IT BUILDING s�pUT$\ 227�U.JF.FI'ERSON BOULEVARD 04' ;'1.'' PHONE 574/235-9241 SOUTH BEND,INDIANA 46601-1830 �,,t, FAX 574/235-7670 1 u ‘.:::._o> •O r TIT 574/235-5567 -i:va PEACE. :<` 13;<' t �-N ` 2 0 t .L.y -1865. Gin'OF SOUTH BEND PETE BUTIIGIEG,MAYOR DEPARTMENT OF LAW CRISTAL C.BRISCO ALADEAN M.DEROSE CORPORATION COUNSEL CITY ATTORNEY September 11, 2015 Mr. Tim Scott President, South Bend Common Council 46 Floor, County-City Building South Bend, IN 46601 Re: Second Substitute Bill Creating New 311 Call Center Fund (No. 46-15) Dear Council President Scott: On August 24, 2015, City Controller John Murphy filed Bill No. 46-15 to create a new Fund# 279 for the City's 311 Call Center, and a substitute was filed yesterday. A second substitute of that ordinance is now attached which changes the title to reflect that the South Bend Municipal Code is being amended. Controller John Murphy will make the necessary presentation of this second substitute bill. Thank you for your assistance. ,Sincerely, Aladean M. DeRose, City Attorney c: John H. Murphy Kathleen Cekanski Farrand Cristal Brisco Filed 1'� • " Office 1 l 1 Y015 J�C3FL:: ,.::: CITY CLERX,ithir, i3END,IN ELLIOT A.ANDERSON BENJAMIN J.DOUGHERTY ANDREA HUNTINGTON TASHA REED OUTLAW MICHAEL J.SCHMIDT SJ.EPHANIE STEELE Substitute Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW 311 CALL CENTER FUND #279 STATEMENT OF PURPOSE AND INTENT The City of South Bend 311 Call Center is a recent, successful service, commenced in 2012. With one easy phone number (311), citizens can ask questions or report non-criminal concerns about any matter within the City of South Bend, and the concern is addressed. The City's 311 Call Center is a separate City Department, presently having 6.5 full time, budgeted employees. The accounting for costs and services of the 311 Call Center's has been done within General Fund #101, Account No. 101-0104. User fees are assessed to the various City Departments in relation to the number of calls required to handle citizen issues of each Department. It is in the interest of government transparency and fiscal efficiency to create a separate fund to handle the costs and expenses of the City's 311 Call Center. This ordinance establishes a new and separate Fund#279 for that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. A new Fund #279 to be known as the "311 Call Center Fund" is hereby established for the purpose of receiving user fees from various City Departments and appropriating those funds for expenses of the City's 311 Call Center. SECTION II. Chapter 2, Article 14 is hereby amended to add a new Section 2-170.16 which shall read in its entirety as follows: Sec. 2-170.16. 311 Call Center Fund. Effective January I, 2016, the 311 Call Center Fund (No. 279) is established to receive pro rata fees from various City Departments to be used to defray the expenses of the City of South Bend 311 Call Center. SECTION III. This ordinance shall be in full force and effect on January 1, 2016 after its passage by the Common Council and approval by e ayo Member, South Bend Common Council &Wag of Mb NC la City pate an opportatly for public h gg and Attest: Council Wiwi on Uhf I , City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Filed it c #five 1st READING 91--- ?, l Q ?Q��j PUBLIC HEARING 3rd READING NOT APPROVED JOh,. ;` ,., ; , _. -EEERRED CITY CLERIC, yt;�tJ k-I ESEND,IN ^ASSEp _...__.�.._............... . . 1200 COUNTY-CITY BUILDING pUTgg PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD \0T SOUTH BEND,INDIANA 46601-1830 4 , a .�° FAX 574/235-7670 11!!, A jd0 ITY 574/235-5567 .W\ PEACE '�� A CITY OF SOUTH BEND PETE BUYrIGIEG,MAYOR DEPARTMENT OF LAW CIUSTAL C.BRTSCO ALADEAN M.DEROSE CORPORATION COUNSEL CITY A IORNEY September 10,2015 Mr. Tim Scott President, South.Bend Common Council 4t Floor,County-City Building South Bend, IN 46601 Re: Substitute Bill Creating New 311 Call Center Fund Dear Council President Scott: On August 24,2015, City Controller John Murphy filed a Bill to create a new Fund# 279 for the City's 311 Call Center. A substitute of that ordinance is now attached based on discussion with the Common Council's attorney and the City Clerk's office. The change from the original is to include a new Section II of the ordinance which codifies the establishment of Fund #279 at Section 2-170.16 of the South Bend Municipal Code. Controller John Murphy will make the necessary presentation of this substitute bill. Thank you for your assistance. }} , Aladean M. DeRose, City Attorney c: John H. Murphy Kathleen Cekanski Farrand Filed in f; •< Office Cristal Brisco r` 1 0 20151 —.._... _.. +\'. . . . _ -.� JO LiaV. CITY CLERK,SOUL BEND,IN ELLIOT A.ANDERSON BENJAMIN J.DOUGHERTY ANDREA HUNTINGTON TASHA REED OUTLAW MICHAEL J.SCHMIDT S1 EPHANIE STEELE 12 al PLL .( 1QC < ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ESTABLISHING A NEW 311 CALL CENTER FUND#279 STATEMENT OF PURPOSE AND INTENT The City of South Bend 311 Call Center is a recent, successful service, commenced in 2012. With one easy phone number (311), citizens can ask questions or report non-criminal concerns about any matter within the City of South Bend, and the concern is addressed. The City's 311 Call Center is a separate City Department, presently having 6.5 full time, budgeted employees. The accounting for costs and services of the 311 Call Center's has been done within General Fund #101, Account No. 101-0104. User fees are assessed to the various City Departments in relation to the number of calls required to handle citizen issues of each Department. It is in the interest of government transparency and fiscal efficiency to create a separate fund to handle the costs and expenses of the City's 311 Call Center. This ordinance establishes a new and separate Fund#279 for that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. A new Fund #279 to be known as the "311 Call Center Fund" is hereby established for the purpose of receiving user fees from various City Departments and appropriating those funds for expenses of the City's 311 Call Center. Section II. This ordinance shall be in full force and effect on January 1, 2016 after its passage by the Common Council and approval by the Mayor. Membelk.o. i :end Common Council aignieg tith big k,.)oily to paw* an Attest: Council •y ' pubil ? and Coado an City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Filed in 6:; -s ®ffice • -t LIII t it READING ` PUBLIC HEARING JONfv rth 'dEiE 3 rd READING CITY CLERK,SOUTH REND,IN NOT APPROVED REFERRED PASSED "S Ls'UT$84 11200NCoUNTr-CITYBUILDING \ j PHONE 574/235-9216 227 WJPPPERSON BLVD. u FAx 574/235-9928\Ate,c8/ SouTH BEND,INDIANA 46601-1830 '.d ° a ; 1865 CITY of SOUTH BEND PETE BUTTJGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 24,2015 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building 227 W. Jefferson Blvd. South Bend,IN 46601 Re: New Fund 279—311 Call Center Dear Council President Scott: Attached please find a bill for consideration by the Common Council of the City of South Bend establishing new Fund No. 279 — 311 Call Center Fund in conjunction with the 2016 proposed budget. Currently, the accounting for the 311 Call Center is included as a separate department in the General Fund. Beginning in 2016, a new fund will be established as an Internal Service Fund of the city and will provide for better accounting and transparency of 311 operations. This bill is respectively submitted for 1St reading at the council meeting on September 14, 2015 and 2"d reading,public hearing and 3`d reading at the council meeting on September 28,2015. I will present the bill at the appropriate committee and council meetings. Respectfully submitted, \d. Filed in w Office Jo H. Murphy City Controller 9 2015 CITY CLER ,SOUTH SEND,IN p`7 6ti t()-1 ORDINANCE NO. • AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1205 AND 1151 HICKORY ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Zoning from OB Office Buffer District to SF1 Single Family & Two Family District to allow the properties to remain as Single Family Homes 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 633 & the N. 35' of Lot 632 of McKinley Terrace Sec B be and the same is hereby established as SF1 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 Common Council • c@ th Ion to POW aP Attest: $31 public and Council Otl rib lama. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Fled in Office Office is READING �l�l LJj 3rd G EFERRED CTY C ,> t D PASSED PETITION TO REZONE City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1205 AND 1151 HICKORY ROAD 2) The property Tax Key Number(s)is/are: 0/8-5186-7180, 018-5186-718001 3) Name and address of property owner(s)of the petition site: CONERSTONE HOMES, LLC 15404 HUNTING RIDGE TRAIL GRANGER, IN 46530 (574)286-9666 ERIC @CREG.IO Name and address of additional property owners, if applicable: CHERYLL J. BOREN 1205 HICKORY ROAD SOUTH BEND, IN 46615 4) Name and address of contingent purchaser(s),if applicable: ZACHARY CURL 1151 HICKORY ROAD SOUTH BEND, IN 46615 (574) 298-6527 ZCURL @OUTLOOKCOM Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: 0 Office District Additional zoning district, if applicable To: SF1 Single Family Two Family District 6) This rezoning is requested to allow the following use(s): SINGLE FAMILY RESIDENCES 7) Attached,and made a part of this PETITION, is: (a) a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (b)addressed,stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: ERIC DENIGER Filed if . ' ' .{ office 15404 HUNTING RIDGE TRAIL GRANGER, IN 46530 (574)286-9666 °1-2 Z015 ' ERIC @CREG.IO Si gnat of _• e JCRK,S UT g ) piny owner(s),or signature of Attorney for all property owner(s): CITY CLERK,SOUTH i Fi JEND,IN Filed hi Clerk's Office SEP 01 2015 j r ijc JftiihS V .tlPi1C CITY CLERK,CQUIH BEND,IN Area Plan Commission of St. Joseph County, IN 1140 County-City Bldg.,227 W.Jefferson Blvd.South Bend,IN 46601 (574)235-9571 www.stioseohcountvindiana.com/areaolan. INSTRUCTIONS FOR REZONING City of South Bend, IN FOR: SF1 AND SF2 SINGLE FAMILY& TWO FAMILY DISTRICTS Submittal Deadline and Place of Filing: 12:00 Noon, City Clerk's Office,4th Floor of the County-City Building, on the Wednesday before the FIRST Council meeting of the month. Submittal Documentation PETITION and ORDINANCE forms are available from the Area Plan Commission office,or on the Commission's website. (The APC website has form-enabled documents). I. PETITION.An original and one copy,typed on 8 1/2"x I I"paper. 2. ORDINANCE.An original and one copy,typed on 8 1/2"x I I"paper. 3. A list of the names and addresses of all property owners,and the property tax key numbers, for all properties within 300 feet of the petition property. 4. Stamped,business-size envelopes,addressed to all property owners within 300 feet of the petition property. Do not put a return address.The Commission will place its own on the envelope. 5. Filing Fees:Cash,check,or money order payable to the Area Plan Commission and City of South Bend in the amount prescribed in the Fee Schedule available from the Area Plan Commission office,or on the Commission's website. 6. Any other documentation that may be required by the Commission to make an informed decision. General Outline of Procedures A. The staff of the Area Plan Commission will make every effort to assist you as you prepare the Ordinance and Petition.For any questions regarding filling out the forms,or the rezoning procedure,please contact the Commission staff. B. During the review by the Commission staff,additional information, clarification,or corrections may be requested. Changes are submitted directly to the Commission. C. It is important to note that the petition will not be set for a public hearing until all required documentation,clarifications, or corrections are submitted prior to the publication of the legal ad. It is the responsibility of you or your representative to respond in a timely manner. D. Once a petition is set to be heard,you or your representative must post signs on the property at least ten(10)days prior to the Area Plan Commission's public hearing,and again at least ten(10)days prior to the Council's public hearing. The signs must be posted in a conspicuous place on the property for which the rezoning is sought.These signs are available at the Area Plan Commission office after the first Tuesday of the month at a cost of$5.00 per sign. You will be notified on how many signs will be required,and when they will be ready for pick-up. Press TAB to complete the attached Ordinance and Petition. tL � ft t it ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1619 FRANKLIN STREET AND 1623 FRANKLIN STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT TO REZONE THE PROPERTY FOR THE EXPANSION OF AN EXISTING INDUSTRIAL USE 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: SOUTH 1/2 OF LOT 36 STULLS 5TH ADDITION AND 33 FT OF THE NORTH SIDE OF LOT 37 STULLS 5TH ADDITION 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. 1111.:‘, Member of the Common Council Attest: Signing cif tits btli is ally is, iiiv £ �p oppatity for pubi'vt an4 Could litiM ea tie 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 of the City of South Bend, Indiana Filledinil is READING RE PUBLIC HEARiN,: 3rd READNG %KWh.. : _ NOT APPROVED CITY CLERK,40414¢IEND,IN REFERRED PASSED PETITION FOR A COMBINED PUBLIC 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: 1619 FRANKLIN ST AND 1623 FRANKLIN ST 2) The property Tax Key Number(s)is/are: 18-8028-1128& 18-8028-1129 3) Name and address of property owner(s)of the petition site: EGGERS REAL ESTATE LLC 408 W INDIANA AVE SOUTH BEND, IN 46616 574-993-1200 heggers@sbform.com Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: EGGERS REAL ESTATE LLC 408 W. Indiana Ave South Bend, IN 46613 574-993-1200 heggers@sbform.com Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: LI Light Industrial District 6) This rezoning is requested to allow the following use(s): to add additional warehouse space for a current manufacturing plant and to create new jobs. 7) If applicable,a detailed description and the purpose of the variance(s)being requested: 1)From the required 50'side residential bufferyard to 10;• and 2)From the required 50'rear residential bufferyard to 10' 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: No (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; and: NO (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: YES 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. YES 10) If applicable,a detailed description and purpose of the Special Use(s)being requested: YES 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: NO (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: NO (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: YES (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. YES 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 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: HERB E EGGERS 408 W INDIANA AVE SOUTH BEND, IN. 46613 574-993-1200 heggers @shform.corn Signature(s)2prop ner(s), or signature of Attorney for all property owner(s): Filed in CiArkTiffijj 7,8 2015 JOHZ4 CITY CLERK,SCId;4 .E610,*1 I..5r -•--),/ • • . _ . . r _ Pidtr , lerlib . . • • • . . , • . . • " I , 1 . ■ • ,. ' i i-Th ' a: (. CJ$ ' 0 r ) i (3 1 .'L c i• : _Trj f',... . ..4, : 'ill -- - - i/ ' - IL- i - I . 1"1. 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' t1 / . . • , • , • , i } 1- !$ . . . . . • ! 63)7(a Ee • , i i;. •,,, r•, i,i, -•,, :L, • •, , . L i , , • , „ , , 1 , ; . , • . , . • , , , L , • , . „ 1. RIDGE COMPANY INC. FREDERICK WILLIAMS ESTER BURTON P.O. BOX 2859. 2228 N. ELMER 1.110 BEALE ST. SOUTH BEND, IN 46680 SOUTH BEND, IN 46628 SOUTH BEND, IN 46616 018-8007-0350 018-8029-1203 018-8028-1130 • 018-8007-0351' MFC SOUTH BEND SDF SOUTH BEND LLC MONICA MATHENGE HOLDINGS 1602 S. LAFAYETTE BLVD. 1638 S. WILLIAMS ST. 309'S. LOGAN ST. SOUTH BEND, IN 46619 SOUTH BEND, IN 46613' SOUTH BEND, IN 46615 018-8008-037804 018-8028-1140 018-8028-1139 ENGEL VENTURES LLC DUDECK ROOFING 411 W. INDIANA AVE. JANIE CARRILLO 1634 S. FRANKLIN ST. SOUTH BEND, IN 46613 502 W. INDIANA AVE. SOUTH BEND, IN 46613 018-8027-1101 SOUTH BEND, IN 46613 018-8008-0375 018-8027-1117 018-8028-1132 018-8027-1116 018-8028-1131 95TCE INC. A FLORIDA CORP. 1218 SORIN ST. • SOUTH BEND, IN 46617 018-8029-1204 ' LUCIO& DIANA ORTIZ 504 ORCHARD CT. • DON STORIN SOHULENBURG, TX 78956 1635 S. FRANKLIN ST. 018-8028-1146 - SOUTH BEND, IN 46613 018-8028-1133 1630 S.WILLIAMS LAND 018-8028-113301 TRUST 3613 MISHAWAKA AVE. SOUTH BEND, IN 46615 1702 S. FRANKLIN ST. LLC 018-8028-1138 7030 W. 63RD ST. CHICAGO, IL 60638 ALLEN STEED 018-8029-1222 1615 WILLIAM ST. 018-8029-1221 SOUTH BEND, IN 46613 018-8008-0376 018-8028-1141 018-8008-037803 018-8028-1134 018-8028-1142 JULIA CYGERT 018-8028-1135 506 W. INDIANA AVE. 018-8028-1143 SOUTH BEND, IN 46613 018-8027-1115 LUCIO & DIANA ORTIZ 1633 S.WILLIAMS ST. TEMPLE OF GOD SOUTH BEND, IN 46613 - MISSIONARY BAPTIST 018-8028-1144 CHURCH INC. 018-8028-1136 414 W. INDIANA AVE. _ SOUTH BEND, IN 46613 GARY& LYNN HALE Filed kfArk's Office 018-8027-1118 61 PEARL ST. MELROSE, MA 02176 •.---------, 018-8028-1137 $C7 2015 t CITY CLERK., N .rdi,IN ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 1714 AND 1716 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM MU MIXED USE DISTRICT TO LB LOCAL BUSINESS DISTRICT TO ALLOW FOR A LIQUOR STORE AND/OR OTHER PERMITTED LB LOCAL BUSINESS USES. 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 Southwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana which is described as: Lots # 1 and 2 of the plat of"Dubails' 1st Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office. Containing 0.36 acres more or less. Subject to all legal highways, easements and restrictions of record. be and the same is hereby established as LB Local Business District SECTION II. This ordinance shall be in full force and effect from and after its passage b .- Common Council, approval by the Mayor, and legal publication. an Mem:er of the Common Council swag d pit be is a� raO yty for puUie haskry Attest: Council action al t City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,20 , at o'clock .m. 2 City Clerk Approved and signed by me on the day of , 20 , at o'clock .m. Mayor of the City of South Bend,Indiana ' f=iled in :Ark's Office ig READING ,! 24015 PUBLIC HEARING 3 rd READING JOH .5 cDi NOT APPROVED CITY CLEROUm BEND,IN REFERRED PASSED PETITION TO REZONE City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The subject property is located at: Properties located 1714 and 1716 South Michigan Street, South Bend,Indiana. 2) The property Tax Key Number(s)is/are: 18-7042-1653 18-7042-1654 3) Name and address of property owner(s)of the petition site: Joseph T.Taylor, Sr. 4454 Huron Street South Bend,Indiana 46619 574-383-1193 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: MU Mixed Use District, To: LB Local Business District 6) This rezoning is requested to allow the following use(s): To allow for a small Liquor store and or other LB Local Business District uses. 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; CONTACT PERSON: Name: Danch, Harper&Associates,Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574-234-4003 mdanch@danchharner.corn Signature(s)of All Property owner(s),or signature of Attorney for for all pro e owner(s): �� ' Filed in Clark's Office Ow 7Joseaylor, Sr. �I'r'�-9 2015 Jona VOORDE " CITY Ct2RX,SOUTH BEND,IN LEGAL DESCRIPTION A part of the Southwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana which is described as: Lots # 1 and 2 of the plat of"Dubails' 1s` Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office. Containing 0.36acres more or less. Subject to all legal highways, easements and restrictions of record. Rid in Cihrk's Office E? 12015 — ,dOHDI VOORDE CITY CLERK,SOUTH BEND,IN 1 Property Owners Within 300 Feet Hilltop Co. LLC Saylor Sr Family Trust PTD Properties Inc 120 W. Lexington Av 51870 Emmons Road 1330 Echo Dr Elkhart, IN. 46516 South Bend, IN. 46637 South Bend, IN. 46614 Tax Key#018 8008 0400 Tax Key#018 7031 1214 Tax Key#0187 031 1216 Sue Palmer Salvador Flores Thaumaturgus Inc 509 Howard St 1122 21s`ST C/O Jerome Ivacic 3019 S Michigan St South Bend, IN. 46617 South Bend, IN. 46615 South Bend, IN. 46614 Tax Key#018 7031 1212 Tax Key#018 7043 1679 Tax Key#018 8009 0433 Elpideo Carmona Joy Cinder Grant Bernie & Linda Ceilly 120 Dayton 132E Dayton PO Box 5121 South Bend, IN. 46613 South Bend, IN. 46613 Vero Beach, FL. 32961 Tax Key#018 7043 1691 Tax Key# 018 7043 1692 Tax Key#018 8009 0434 Richard Zink Paul Read Sr SM Plumbing Heating &Air Conditioning 1810 S Michigan St 138 E Dayton 1133 N Twyckenham South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46617 Tax Key#018 7043 1680 Tax Key# 018 7043 1694 Tax Key#018 7042 1652 Simon Mborothi Robert& Dionisia Morrell Robert& Dionisia Morrell 1133 N Twyckenham 1710 W Fondulac Rd 1710 W Fondulac Road South Bend, IN. 46617 Avon Park, FL. 33825 Avon Park, FL. 33825 Tax Key#018 7042 1651 Tax Key#018 7042 1650 Tax Key#018 7042 1649 Noah Nickell Jr Paul Read Joys Gymnastics Inc PO Box 10046 136 E Dayton St 1724 S Main St South Bend, IN. 46680 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key#018 7031 1199 Tax Key#018 7043 1693 Tax Key#018 8009 0411 Elvis Balentine Joys Gymnastics Inc Peaches Inc 1016 E 121h St 1724 S Main Street 1811 S Michigan St Mishawaka, IN. 46544 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key#018 8008 039802 Tax Key#018 8009 0408 Tax Key#018 8009 043501 Express Property Management LLP Joys Gymnastics Inc Jonelle Willims 1733 S Michigan St 1724 S Main St 136 E Dubail South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key#018 8008 040501 Tax Key#018 8009 040901 Tax Key#018 7031 1205 Linda Strange Elvis Balantine Frick LLC 138 E Dubail St 1016 E 12th St 3907 S Michgian St South Bend, IN. 46613 Mishawaka, IN. 46544 South Bend, IN. 46614 Tax Key#018 7031 1204 Tax Key#018 8008 0401 Tax Key#018 7043 1685 Frick LLC Mattie Griffin Kerri Kasa 3907 S Michigan 115 E Milton St 119 Milton South Bend, IN. 46614 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key#018 7043 1684 Tax Key#018 7043 1695 Tax Key#018 7043 1696 Pay it Forward LLC Alejandro Hernandez Lula West 19648 NE 79th Ct Rd 120 E Dubail St 126 E Dubail Citra, FL. 32113 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key#018 7031 1206 Tax Key#018 7031 1210001 Tax Key#018 7031 1210 Lee Randolph Gilleand Kerri Kasa Kern i Kasa 114 E Dayton 123 Milton 123 Milton South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key#018 7031 1209 Tax Key# 018 7043 1697 Tax Key#018 7043 1698 Kern i Kasa Realty Income Properties 13 LLC Peka Housing LLC 123 Milton PO Box 1017 2913 Mishawaka Ave South Bend, IN. 46613 Charlotte, NC 28201 South Bend, IN. 46615 Tax Key#018 7043 1699 Tax Key#018 8003 0393 Tax Key#017 7031 1198 Matlene Turner Saylor Family Trust Alejandro Hernandez 134 E Dubail Ave 51870 Emmons Road 1708 S Michigan South Bend, IN. 46613 South Bend, IN. 46637 South Bend, IN. 46613 Tax Key#018 7031 1208 Tax Key#018 8008 0403 Tax Key#018 7031 1218 PTD Properties Inc Express Property Management LLP Bank of New York Mellon 1330 Echo Dr 61577 Miami Meadows 7105 Corporate Dr South Bend, IN. 46614 South Bend, IN. 46614 Plano, TX. 75204 Tax Key#018 7031 1217 Tax Key#018 8008 0406 Tax Key#018 7043 1678 Mr.& Mrs.Alfred Bolden Randolph &Tina Gilleand George & Eva Hunt 129 E Dayton 114 E Dayton St 116 E Dayton South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key#018 7042 1648 Tax Key#018 7043 1688 Tax Key#018 7043 1689 Mr.& Mrs. Bolden City of South Bend Pay It Forward LLC 129 E Dayton Board of Public Works y 227 W Jefferson 19648 NE 79'h Ct Rd. South Bend, IN. 46613 South Bend, IN. 46601 Citra, FL. 32113 Tax Key#018 7042 1647 Tax Key#018 7042 1645 Tax Key#018 7031 1207 Joys Gymnastics Inc Milan Stulajter Maria Hernandez 1724 S Main St 1809 S Michigan 118 Dayton St South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key#018 8009 0412 Tax Key#018 8009 0435 Tax Key#018 7043 1690 Joseph Taylor Sr Joseph Taylor Sr Alfred Bolden 4454 Huron Circle 4454 Huron Circle 129 E Dayton South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46613 Tax Key#018 7042 1653 Tax Key#018 7042 1654 Tax Key#018 7042 1646 Karen Harris Express Property Management LLP Joys Gymnastics Inc 116 E Dubail 61577 Miami Meadows 1724 S Main St South Bend, IN. 46613 South Bend, IN. 46614 South Bend, IN. 46613 Tax Key#018 7031 1211 Tax Key#018 8008 040601 Tax Key#018 8009 0407 110 Dayton SB Land Trust Lee Randolph Gilleand Sinton Supply Inc 5931 Cottage Circle 114 E Dayton 1718 S Michigan Granger, IN. 46530 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key#018 7043 1682 Tax Key#018 7043 1683 Tax Key#018 7042 165501 Harvey Randolph Acosta Luis Juan Consteras Erin Real Estate Inc 1328 Matthews Lane 125 E Dubail St 3019 S Michigan South Bend, IN. 46614 South Bend, IN. 466613 South Bend, IN. 46614 Tax Key#018 7042 1655 Tax Key#018 7031 1197 Tax Key#018 7031 1196 Traci Heckman Jeff Beyer 1812 Michigan 1624 S Michigan St South Bend, IN. 46613 South Bend, IN. 46613 Tax Key#018 7043 1681 Tax Key#018 7031 1203 Filed in Clerk's Office SEP q 2915 JOHN Vt,; >a3 CITY CLERK,SC A;IN BEND,IN v Uanch, tlarner a Associates, inc. Land Surveyors • Professional Engineers Landscape Architects . Land Planners Office: (574)2344003 /(800)594-4003 - Fax: (574)234-4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of September 4,2015 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for properties located at 1714 and 1716 South Michigan Street South Bend,Indiana,: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their properties located at 1714 and 1716 South Michigan Street, South Bend, Indiana. This requested Rezoning would allow for the approval of a small Liquor store and/or uses allowed under the LB Local Business District. Our clients believe the use proposed for this portion of the South Michigan corridor would be a compatible with the surrounding mixed residential and commercial uses in the neighborhood. 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 I Filed in Clerks Office File No. 150210 "C"Md. Z015 JOHN VOORDE CITY CLERK,SOUTH BEWD,IN ti PRELIMINARY SITE PLAN ` r'� - -- A PART OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST, �I CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. ' cf :cam "-7 i,. I_ ITE:i —" i 'acYO11 am NE WC,RM e- Si I t, I -_I I. nm I` ) 7 r ' 7 „so, H sonic LUX Maw� }� i' 3 _ h eexuc vlaw p r • _ P ?.I .. ....� .__ 4 0r M r 4 ehrooseereTooksTors Tel ITNTT Noe �_ ��µJ Q .l. .w.11 An Per Neer • e _ . ym• ,an our Or tomes, nn a IS rtmsw 07 xom.wrx t cI( , I 0 � 6 PF .mm - na n f w4•UST wm M0"""X°'m°vrco IN TB°C R'`awno ,r .w a ar PIE rur . ream ,n.s on-.s / �� tt ME n.nSVx avuMr,ov'•l6CM+da CaT.:[ t ,rw $j °m'S' M:w• <ul•nw0 0.MK42.M[M 4.55. " •. SUae.a TO ALL LEGA. 53.LESS u9116m[,[W v Rf.OPD. I ‘Clit j ! ///iI.%A �l 'N�' a M.W. nr�a'a .. :r,F 1 Ord. j. O% iA24^°4. Q Art o m m a m �a m �' I"ISI l _, 9 El "Le erso....pliwoot,...ATTNffleslor SeriaTearearma ©n u0 xmam.wnv..m I DAYTON STREET (60.0' Ely) ` C.; I -� Qo ao mM-..N nam,w nrm.••u I y C{' ti imam "---1 .1.— $ 11 t if il 0 207 40 le eseseseTeesesemeosomaTTeweeoce. seine oreemnevoTooroTANsTerenonnsuerecrtoretnconew vumeerorons sorest no eve fa so own sane two 111 11 Teo,sus oreas en,se aeons Tea... se Tse seas ,.,ers,4,7grgerreesererraTraenerego. eat ,a 4m� _�..m �K PRELIMINARY SITE PLAN �/�} I 15 m ..... ae�amme m.n a` REVISIONS \/y¢a 16tU P3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT# 1, FOR THE WEST PORTION OF 52933 SHELLBARK AVENUE, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and zoning of 0.17 acres more or less located in German Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, which is described as: The West 80.58 feet more or less of Lot# 89 as shown on the Proposed Plat of Lilac Acres Subdivision and being part of Tax Key No. 04-1050-1221 as shown in the Records of the St. Joseph County, Indiana Auditor's Office. Containing 0.17 acres more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent right-of-ways, in the City of South Bend, St. Joseph County, Indiana be and the same is hereby established as CB Community Business District, provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. 2 SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication MEMBER OF THE COMMON COUNCIL Attest: Signing of iia y:v;fii}c an opportwity for pubic and Coundl awl an WP WS City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 at o'clock .m. Mayor, City of South Bend, Indiana Filed in CIPrie3 Office it READING 51J PUBLIC HEARING 3 rd READING JIGhp`a tt:;::77,77' NOT APPROVED CITY CLEFR R,£ki'u *TAD,IN REFERRED - "4•°'° PASSED ORDINANCE NO. PETITION FOR A COMBINED HEARING City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council for the voluntary annexation of land into the City of South Bend, Indiana,and for the zoning of that land as herein requested. 1) The subject property is located at: The West 80.58 ft.of 52933 Shellbark Avenue, South Bend,Indiana 46628. 2) The property Tax Key Number(s)is/are: 04-1050-1221 3) Name and address of property owner(s)of the petition site: Beacon Health System,Inc. 615 North Michigan Street South Bend, Indiana 46601 (574)647-7370 E-Mail Address:N/A 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(County): R Single Family District To(City): CB Community Business District 6) This annexation and rezoning is requested to allow the following use(s):Retention Basin for Drainage for a Medical Office facility and uses under the CB Community Business zoning classification. 7) Number of persons residing on property to be annexed:N/A 8) If applicable,a detailed description and the purpose of the variance(s)being requested: N/A 9)A statement on how each of the following standards for the granting of Variances is met:N/A 10) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted.N/A 11)Application for subdivisions should be obtained from the office of the Area Plan Commission. The Petitioners do plan to Re-subdivide the shown property into a single larger lot. 12)This Petition is signed by at least(CHECK ONE): _x_a. One-hundred percent(100%)of the owners of the land in the territory sought to be annexed;OR _b.Fifty-one percent(51%)of the owners of the land in the territory sought to be annexed;OR c.The owners of seventy-five percent(75%)of the total assessed value of the land to be annexed. 13) Attached,and made a part of this PETITION,is: (a) 17 copies of the site plan; (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)Addressed,stamped envelopes for all property owners within 300 feet of the petition property. 14) CONTACT PERSON: Name: Donch, Hamer&Associates, Inc. Address: /643 Commerce Drive South Bend, Indiana 46628 Phone Number with Area Code: 574-234-4003 E-mail Address: mda n ch(+da n ch ha e n e, .coin Signature(s)of All Property owner(s),or signature of Attorney for all properly owner(s): c l 77214/ 0- ?2MA'�^f � �/ Name: Michael J. ow4i CAO For Beacon Health System,Inc. 615 North Michigan Street South Bend,Indiana 46601 (574)647-3699 E-Mail Address:N/A • Filed in Curl's Office ' 9 -9 2015 CITY CLERK, SOLfll4 SEND,IN Annexation Legal Description: A part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, which is described as: The West 80.58 feet more or less of Lot # 89 as shown on the Proposed Plat of Lilac Acres Subdivision and being part of Tax Key No. 04-1050-1221 as shown in the Records of the St. Joseph County, Indiana Auditor's Office. Containing 0.17 acres more or less. Rezoning Legal Description: A part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, which is described as: The West 80.58 feet more or less of Lot # 89 as shown on the Proposed Plat of Lilac Acres Subdivision and being part of Tax Key No. 04-1050-1221 as shown in the Records of the St. Joseph County, Indiana Auditor's Office. Containing 0.17 acres more or less. Filed in Cle-rk's off, ? CITY CLERt-.. ,.0:Pi VEND,IN Property Owners Within 300 Feet Lowell & Marilyn Lidecker Christopher Bargellini Donald & Mary Ann Grabarek 52774 Lynwood 52888 Shellbark 52932 Shellbark South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key#004 1050 1184 Tax Key#004 1050 1224 Tax Key#004 1050 1222 Gilbert Jensen & Martha Burke Beacon Health System Inc Irish Rentals LLC 52922 Shellbark 615 N Michigan St 4404 Technology Dr South Bend, IN. 46628 South Bend, IN. 46601 South Bend, IN. 46628 Tax Key#004 1050 1223 Tax Key#025 1050 118301 Tax Key#004 1050 1221 Patrick&Mary Romano David &Joni Black Beacon Health System Inc 52776 Lynnewood 52901 Shellbark 615 N Michigan St South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46601 Tax Key#004 1050 1183 Tax Key#004 1050 1220 Tax Key#025 1057 1380 Beacon Health System Inc Beacon Health System Inc Beacon Health System Inc 615 N Michigan St 615 N Michigan St 615 N Michigan St South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#025 1057 1383 Tax Key#025 1050 1182 Tax Key#025 1057 1381 Beacon Health System Inc Patrick McGann Ethel Glueckert 615 N Michigan St 2313 E Edison Road 52946 Shellbark South Bend, IN. 46601 South Bend, IN. 46615 South Bend, IN. 46628 Tax Key#025 1057 1382 Tax Key#004 1050 1271 Tax Key#004 1050 1275 Irish Rentals LLC Eileen Names Alan Seidler&Gail Pursell 4404 Technology Dr 52758 Lynnewood 52885 Shellbark South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key#004 1050 1277 Tax Key#004 1050 1185 Tax Key#040 1050 1218 Christopher Bargellini Marceline Inman Robert& Barbara Wells 52888 Shellbark 52851 Shellbark 52852 Shellbark South Bend, IN. 46628 South Bend, IN. 46228. South Bend, IN. 46628 Tax Key#004 1050 1225 Tax Key#004 1050 1217 Tax Key#004 1050 1226 Filed in CfM�k's Office ? . ?015 Jo CITY CLES,‘ ,,.‘n Ii aL D,IN Annexation Diagram c> 32-//65 • 0 : 6/-//93 k/ 78-12/0 - LI -: 4 1 - 33-//66 t - $ 0-//92 ■ 04-1050 79-/2// G J M • 34-//a7 - - 59 80-/2/2 Q " //89 8/-/2/3 35-1i68 c, 58 - 36-//69 a 57 82-12/4 P 37-1/70 P 56-//88 83 /2/5 P •O 55-//87 84-/2/6 d r a cn C 38-//7/ sga o r S, 54- 85-12/7 r; ti : I 1 ; 39-1/72 c s co .' Ci /03 400 /e33 0. 58-//2C 86 w T qf (•4 /377 Annexation Area -12/e spa o1 "' " a V 52-n84 0.17 Ac. 87 e Z (4-105 m 2-/378 88-1220 ;. 0247 3-/379 m MRS \mil\ 89-/22/ m 0. /8.0.3 4eo 4 1014 P ate 8 4-/380 if m / r- -:;) m 04- 050 tali 3' 5-/98/C-10 ,1 ritlw cS- S'...1 "' 1 a s J d 6_/382 NORTH 9e , 93.3 60 ne /eo 8 40 - • •• j „ j '• —� 80 0 0 SCALE 1"=200' /GO • no /� 0 Danch, Hamner&A&&ociateo, Inc. . Land Surveyors • Professional Engineers 1 Landscape Architects• Land Planners Office: (574)234-4093 / (800)594-4003 • Fox: (574)234-4119 1643 Commerce Drive • South Bend, ill 46628 © opyng I .ono , warner • sacm es, no. Annexation Diagram • Annexation Legal Description: A part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, which is described as: The West 80.58 feet more or less of Lot#89 as shown on the Proposed Plat of Lilac Acres Subdivision and being part of Tax Key No. 04-1050-1221 as shown in the Records of the St.Joseph County, Indiana Auditor's Office. Containing 0.17 acres more or less. • i Filed in Clerk's Office SEP -=-9 Z015 JOHN VOo` . CITYCLER6t,SOUTri IEND,IN • Danch,Harper&Aaaaciates, Inc. . DM Land Surveyors • Professional Engineers 2 Landscape Architects• Land Planners Office: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 1643 Commerce Drive • South Bend, IN 46628 • •GY 9 r Iona , 'omer • soca as, no. Clench, F/arner a Associates, Inc. Land Surveyors - Professional Engineers Landscape Architects • 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 September 8,2015 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Annexation& Rezoning Petition for Beacon Health System, Inc. West portion of 52933 Shellbark Avenue, South Bend: Dear Council Members: Our clients are requesting the approval of an Annexation and Rezoning Petition for their property located at the West portion of property at 52933 Shellbark Avenue, South Bend, Indiana. This requested Annexation and Rezoning would allow for the construction of a retention basin to help service the drainage being created by a new Medical Office facility that is being constructed at the Northeast corner of Cleveland Road and Lynnewood Avenue. The proposed improvements require annexation and rezoning of the properties to the CB Community Business District classification. Our clients believe the improvements proposed would fit with the mixed uses of commercial and residential in this well established neighborhood along the Cleveland Road corridor. If you have any questions concerning this matter,please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch Flied hi P ' President �� office Danch, Harper&Associates v= ' =9 2015 File No. Beacon Health System"C"Md. Cine°Ll�iC,ett!s t/CC^.)r uOti k SEND,IN 3JJ ( /0 1- 1 -Ii 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 $29,167 FROM CENTRAL SERVICES FUND (#222), $5,180 FROM HALL OF FAME DEBT SERVICE FUND (#313), $16,464 FROM GIFTS,DONATIONS &BEQUESTS FUND (#217), $40,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $210,000 FROM LOCAL ROAD & STREETS FUND (#251), $8 FROM EXCESS WELFARE DISTRIBUTION FUND (#252), $1,700 FROM HUMAN RIGHTS GRANT FUND (#258), $2,250 FROM CUMULATIVE CAPITAL IMPROVEMENT FUND (#407)AND $190,040 FROM CEDIT FUND (#408). 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 Central Services Fund(#222) $29,167 Hall of Fame Debt Service Fund (#313) 5,180 Gifts, Donations & Bequests Fund (#217) 16,464 Law Enforcement Continuing Education (#220) 40,000 Local Road& Streets Fund (#251) 210,000 Excess Welfare Distribution Fund (#252) 8 Human Rights Grant Fund(#258) 1,700 Cumulative Capital Improvement Fund (#407) 2,250 CEDIT Fund(#408) 190.040 TOTAL 4� 94,809 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval o lis Nib :i -t na Member� -.mmon Council COLindi ettkil co taxa Attest: 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 ,2015 at o'clock . m. Mayor, City of South Bend, Indiana q Filed in Cleritr' tiifiee F- ist READING ` V1��1� PUBLIC HEAR■,,, ,J 3 rd READING Jowl V•oom—ga NOT APPROV&D CITY CLERrt,SOUTH BEND,IN REFERRED PASSED Ci ty of South Bend,Indiana September 2015 Additional Appropriation Requests-Civil City Funds (Increase or decrease in total fund expenditures) September 8,2015 Budget Department Fiscal Officer/ Account Project Increase/ Fund Name Name Account Name Contact Name Number NumbeeJDecrease) Justification _•I Central Services Sustainability !Solar Grant Expenditures C.Eastman 222-0616-01939-32 - ! 29,167.Sal up grant expenditure account to track expenditures of grant proceeds for solar grant �_ I 29,167' Hall of Fame Debt Service Fund principal and interest is budgeted based on a debt amortization schedule. The actual lease rental paid by the City may be slightly different due to trustee funding requirements. The debt service is Hall of Fame Debt Service Debt Service (Debt Service-Interest J.Hockenhull 313-0401-47238-02 - I 5,180 Ipa_d from a small property tax levy,PILOT,CEVET and other sources. 6,180 .__ .. Gifts,Donations&Be•uesls 'Animal Control Material&E•ui•ment S.Timblei 217-1207-415-43-091 - 15,000!For ONR compliant pre-release aviaries for rehabilitated birds of prey ITo cover property taxes on property transferred to City;money received from entity in prior year but not Gifts.Donations&Bequests Community,nvesbnent Misc Charges&Services J.March 217_1201-01539-89 - 1,464;encumbered. I _16,464 I Training__ _i.g___.—__Cont.law Enforcement Edu. Police I Education 8 __ K.Glow_a_c_ki__I 220-0801-02139-]0 — 40,000 IS ubtotal gq,Inslrucfor Development,Shooting Reconstruction&Crime Scene Investigation Training_ __ 40,000 ISUbtotal I Purchase and closing costs for PNA Building at corner of Olive and Sample(in corporation with DCI). LSRS will pay Ifor the purchase of the building in order to widen the streets to allow for commercial buck traffic. After acquisition, Local Roads and Streets 'Public Works I Capital Improvements I C.Eastman 251-0608-431-42-96 -- 210,000 I DCI Say for the demolition of the properly. i I 210000,Subtotal Excess Welfare Distribution 'Police/Fire iOther Operating Supplies T.Skwarkan 2520801-421 22 24—) BlClose out account by allocating final$8 to radio billing from Central Services(interest earn s) 8!Subtotal Human Rights Grant Fund 1 Human Rights Outside Printing Services J Hockenhull 258-1090.41543-01 I - 1,500!To spend remaining 2014 grant monies not originally budgeted Human Rights Grant Fund Human Rights Outside Printing Services J.Hockenhull_i 258-1090-41539-891 200 To s emend remaining 2014 grant monies not originally budgeted _--r_._ 1,700! _ I CCI Fund Century Center debt principle and interest is budgeted based on a debt amortization schedule. The actual I lease rental paid by the City may be slightly different due to trustee funding requirements. The debt service is paid Cumulative Capital Improvemer Debt Service Debt Servicee=ln nterest J.Hockenhulli 407-0401-415-37-111 - 2.250 from hotel motel tax.cigarette tax and rental charged. 2,2601 Econ.Der.income Tax 7Admin and Finance Debt Service-Principal J.Hockenhull 408.0401-415_38-01J1 — 106000;Change in amortization schedule for Parks EDIT bond from semi annual payments to monthly payments. Econ.Dev.Income Tax 'Atlmip and Finance Debt Service-Interest J.HOCkenhuil 408-0401-015-38-02i__ 90,040 Sutaymenis will remain the same over the life of the bond,however,it will be paid off months in advance. -- -- -- 190,040 Subtotal - -- ---- -- --- Grand Total 194a� — ! 0 7 o 6 eN. p-u ��"��ee ..; ] c%3 at,! r� cis m,as cat • CV a 0 September2015 Budget Amendments 9/9/2015 Pagel ..;g Trip 1200N COUNTY-CITY BUILDING `i \ \ /j PHONE 574.235.9216 227 W. JEFFERSON BLVD. :W FAx 574.235.9928 SOUTH BEND,INDIANA 46601-1830 ` �� .,\4 'a?,p 1865 .. CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 8, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard,4th Floor South Bend, Indiana 46601 RE: September 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 1St reading on September 14, 2015 with 2"d reading, public hearing and 3`d reading scheduled for September 28, 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, J H. M City Controller CC: Pete Buttigieg,Mayor Filed in Clerk's Office James Mueller, Chief of Staff Brian Pawlowski, Deputy Chief of Staff rrp 2015 Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney JOHN VOORDE Jennifer Hockenhull, Deputy City Controller CITY CLERK,SOUTH BEND,IN irI J 4,V ct4 r ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2015 OF $129,900 FROM WATERWORKS BOND CONSTRUCTION FUND (#623), ($1,500,000) FROM SEWAGE O&M FUND (#641), $2,500,000 FROM SEWAGE DEPRECATION FUND (#642), AND $1,500 FROM SEWAGE WORKS SINKING FUND(#649). 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 Waterworks Bond Construction Fund (#623) $ 129,900 Sewage O&M Fund(#641) (1,500,000) Sewage Depreciation Fund (#642) 2,500,000 Sewage Works Sinking Fund (#649) 1,500 TOTAL 51,131,400 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval oft - ayor. Member oft` ommon Council Attest: signing Of tits blli is enty tO PrOvi68 opportunity for public Wag S City Clerk Quad adiascia*Mor- 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 I Filed in ClArk's Office `-92015 t# REP.GIti6 PUBLIC BEARING 3 rd READING '�'''"-' ': '}3c: NOT APPROVED CLE€it;SSOUTH SEND,!N KFERRED PASSED • City of South Bend,Indiana September 2015 Additional Appropriation Requests-Enterprise Funds (increase or decrease in total fund expenditures) September 8,2015 Budget . Department Fiscal Officer/ Account Project Increase/ Fund Name Name Account Name Contact Name Number Number Decrease Justification —_. l- -- __ —_—1 — ... .._ Bond Construction Fund Waterworks 'Repair Parts R.Lawson 1623-0640415-23-101 28,3000 IP.inhook Project's final contractor payment release Bond Construction Fund Waterworks ,Water Meters R.Lawson 623-0640-415-23-501 -- 7,300'Ordered and acquired one last grouping of water meters Bond Construction Fund Waterworks Engneering R.Lawson 623-0640-41531-061 — 2,100 I Pinhook P ct's final engineeringpayment Bond Construction Fund Waterworks Equipment Repairs R.Lawson 623-064041536-201 --- 32,600 Pinhook Project's final contractor payment release Bond Construction Fund _Waterworks ,Building Improvements R.Lawson 623-0640-415-4.2-021 13W 008 25,200 1 Pinhook Project's final contractor payment release Bond Construction Fund 1Waeeworks —Tarsi- uter Equip&Networkin• -~ p q p R.Lawson 623-064041543-08i 13W006 29,200 Pinhook Project's foal contractor payment release Bond Construction Fund Waterworks Misc Equipment R.Lawson 623-0640415-43-101 13W008 I 5,200 Pinhook Project's final contractor payment release 129,900y'Subtotal Unable to use funds intended for sewer linking,manhole rehab-will use for Wastewater Secondary Sewa8 e O&M Wastewater Contractual Service-Other C.Kurzhal 641-0621-7925 -3-35 (1,500,000)Improvement Project below — __ (1.500000).1 Sewage Depreciation Wastewater 'Treatment&Disposal Equipmel C.Kurzhal 1642-063041543.66 - 1,500,000 Wastewater Secondary Improvement Capital Project funded with O&M fundiper above Wastewater Secondary Improvement Capital Project-$11.9 million dollar total cost;most of the cost is being Sewage Depreciation Wastewater Treatment&Disposal Equipm C.Kurzhal 1642-063041543-661 -- 1,000,000 I paid by the 2012 Sewer Bond. i i 2,500000 Sewage Works Sinking Fund Wastewater Pay in Agent Fee C.Kurzhal 649-0630472-36-03 = ! 1,500;Paying agent fee higher than budgeted __-- — l 1,50J Grand Total 1,131,400 II• • Q Plc-G 0Q , s1 A ;tr LI±iEffiJ • September 2015 Budget Amendments 9/9/2015 Pagel „,...1;,0 THg •.. ii0 '11�I WO/N�-2 • 1200N COUNTY-CITY BUILDING 1„„,f,\\ /��2= PHONE 574.235.9216 227 W. JEFFERSON BLVD. w� �,�'�/��- y; FAX 574.235.9928 SOUTH BEND,INDIANA 46601-1830 e a2,= ]865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 8, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard,4th Floor South Bend, Indiana 46601 RE: September 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 15`reading on September 14,2015 with 2"d reading,public hearing and 3`d reading scheduled for September 28, 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, \e.I✓�_ J S H. Murphy City Controller Filed in Clerk's Office CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff SEP -9 2015 Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel JOHN V00 uF Aladean DeRose, City Attorney CITY CLERIC SOUTH HEM),IN Jennifer Hockenhull, Deputy City Controller aJ( Po - 3 -s 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 approvaiby the Mayor. Member . Y e ommon Council Attest: Signing ands I21 lson"yto provide an opoor * far ps.;b tm h and City Clerk Council afire on t Lea/a. Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock Deputy City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend Indi -__ _ '' OfflCe si READING UBLIC HEARING `"--j �!9 2015 {rd READING JOT APPROYiD u hi. .. .. :r ,EFERRED CITY CLERK,SOUTH REND,IN >ASSEIY City of South Bend,Indiana - September 2015 Budget Transfers (budget transfers between expenditure categories or departments within the same fund) September 8,2015 Budget Department Fiscal Officer/ Account Project Increase/ Fund Name _ Name Account Name Contact Name Number Number (Decrease Justification General Fund !Police Department _!Regular Wages KGlowack'i 1101-0801-421-10-11 - (150,000)ITo move unspent salary dollars to ever costs that were not anticipated during General Fund Police Dapartment ILLaa9al K.Glowac° 1101-0801-021-31-01I -- 10Q000'Legal costs higher than expected General Fund [Police Department I Computer K.Glowacki {101-0801-421-36-041 - 3Q000:Police software system updates coveredby unspent regular General Fund 1 Police Department I Misc.Charges&Services -K.Glowacki 1101-0801-021.39-89 20,0001Departmentsecurtt pmera system covered by unspent regular wages I ._ ___ 1 0]Subtotal MVH 1Streets ISalIANinter Material T.Swift 202-0607-431-23-00 - 1 158,000'Increase budget account to allow for the purchase of salt for the 2015-2016 winter. 2014-2015 winter depleted reserves__ MVH Streets _ Building/Street Maintenance T.Swift 1202-0607-03136-01 - (70,000)Teallocatefunds to cover salt/winter material purchases MVH _ fSVeets Equipment Rental T Swift 202-0607-031_37-02 - (28,00)Reallocate hinds to cover salt/winter material purchases _ MVH ---!Streets _!Capital-F&F _ T.Swift [202007331-03-01 i -- - (60,000)1 Reallocate funds to cover salt/winter materal purchases _ 0 Subtotal ! — - I Central Services ISustainability 1Houdy Wages C.Eastman 1222-605-419-10-02 - (1,440);Central Services support of Sustainability summer intem . Central Services �Sustainability _ `Seasonal&Interns C. I Eastman 222-0616-41910-03 - 1,440 Central Services support of Sustainability summer intern- Cenral Services Sustalnability IFICARegular C.Eastman 222-0605.41911-01] -- (115)Central Servicessupport of SustainabiliN summer intern Central Services ]SI uslalnability IFICAReqular � C.Eastman 222-0616-419-11-01 1151 Central Services support of Susiainability summer intern -J_-_�- j -� (29190olumal . - 9 P 1 _-23-20, I 291 '-..- -.-__- --. --_ _ Central Services _ I Central Services _Emap Tents urc ai s M Wsniewski 224-0605-019- r Column Idts b�eted as new,instead purchased rebuilt items and traded in old item Central Services I Central Services Equipment Purchases M Wsniewski 224-0605-419-06-10 Column l4usfr Sample purchased Grilpairs and traded in old item Central Services CentmlServices Builtlin M Wsniewski 22d-0605-01836-01 _- budgeted 9-. 8,90 Unspealundsfus used updates Street garage for CNG repairs _ Central Services Central Services iEgulpmen(PUrchases M.Wsniewski 224005-019-03-10J - . (8,90)Unspent funds used foruptlates - - I 1 0 Subtotal Liability Insurance LAdmin&Finance _I Other Operatingsupplies Pe_ny-Pnce ]226-0403.645-22_241 - ' 6,000 To transfer funds for additional supply expense Liability Insurance _]Agmin&Finance 'Workers Comp Penny Prico 1 26-0418-671-34-29 -- I (6,000)iTo transfer funds(Of additional supply expense I --- _ 0lSubtotal - ! -_. - -r__ _._ Local Road&Streets 1Traffic&LAhting ITrafficSigns/Olher C.Eastman 251-0608-431-2230 -- 80,003 Creole budget for traffic detector loops in correct account Local Road&Streets ITraRC&Lyghting _ ITfaRlg Signal Maintenance C.Eastman 251-0608-431-36-67 -- (80,000))1Trafic detector.loops approved in this account in error(BPW June 23_3015) I - •-r- o Federal DmAEnforcement :Federal Drug Enforcem I Police Equipment K.Glowacki 299-0801-021-03-061 - I 40,00(Transfer savings in Misc Services to cover purchase or hand held narcotics&explosive sensing equip Federal Drug Enforcement ]Federal Drug_Enforcemel Mist Charges&Services K.Glowacki 299-0801-421-39-89 - (40,000)Ifor special operations. -' L-_--_ COIT Fund 'Community Investment I Capital Imp-Streets&Alleys !_John March 404-101-460-42-03. -- (248,5D/1Transfer unspent funds to cover items below COIT Fund :Community Investment I Grants&Subsidies I John March 404-101-060-39.30 _ 145,00 ITo cover Facade Matching Grants COIT Fund ICommun>y Investment_Property Managements IJohn March ,404_101-060.39.64 - 10 53 Oo To coverholdingwsts for vacant properties -----. T- O'Subtotal Corr Fund -rPolice Department I Central Services Gas K.Glowa�404-0801-021-22-01 - (22000)ITransfer unspent funds to cover items below COIT Fund Police Department :Computer Equipment K.Glowacld '404-0801-021-36-04 - 135,000 LVarious police investigative software and server storage space COIT Fund Police Department -I Auto Repair K Glowacki 404-0801-42146-03 - 8500 Auto repair higher due to 2014 vehicles received in 2015 radio installation budgeted in 2014 for these vehicles. 0ISubtotal COIT Fund _ _IAdmin&Finance Telephone pense L J Hockenhull 404-0617-03132-04 - 100,000 bncrease telephone expense due to higher than budgeted costs COIT Fund IAdmin&Finance !Equipment d Hockenhull 104-0672.415-43-081 ._ (10000)1 Use unspent funds to cover under budgeted telephone expenses -- -- --- I -V I 0 Subtotal Consolidated Building DepartmylCode Enforcement .J Motor Equipment S.Timble 601201-015.43-021 - - 40.000 To purchase a vehicle to upgrade the fleet Consolidated Building Depanmd Code Enforcement Central Services Gasoline _ S Timble 6001201-41522-01 - (15,000);Transfer unspent funds to cover cost of new vehicle --- Consolidated Building Deparkrx Code Enforcement !Automotive Eo_o'ipment _ S.Timble ,600-1201-415-36-03_ (25,000)'Transfer unspent funds to cover cost of new vehicle __ 0 Subtotal _I ' Parking Garage Fund 1 Community Investment !Repairs&Malnt-Builtling J.March 1601-0462-64536-01_]._ - (90,004-transfer unspent funds to cover cost of waterproofing _ - Parking_GarageFund I Community Investment Capital Imp Buildings J.March 1 6010464.645.42-02 - 5210949)LTransfer unspent funds to cover cost of waterproofing _ ParkingGarageFund Community Investment!Repairs&Maint_Building__ J March ]601-046464536-01 - 210949!Waterproofing at Wayne Street Garage came in at a higher price than budgeted 1 OSubtotal -- Water Works Opeations fWater Works _I Repairs&Mains Supplies I Roxanne Lawson1820-0640-603-2310- 23,015 ecessa repafrworkisneeded to maintain water treatment equipment Water Works Operations Water Works :Contractual Services I Roxanne Lawson l 620-0640-603-31-351 - ! 14.300:Additional money is needed to fund Water Quality&Regulatory compliance agreement September 2015 Budget Amendments 9/9/2015 Pagel • City of South Bend,Indiana September 2015 Budget Transfers (budget transfers between expenditure categories or departments within the same fund) September 8,2015 Budget Department Fiscal Officer" Account Project Increase/ Fund Name Name Account Name Contact Name Number Number (Decrease Justification illk -Works Operations I Water Works [Repairs&Maid Supplies I Roxanne Lawsonl620-0640604-23-10 I 21,500'Necessary repair work is needed to maintain water treatment equipment Water Works Operations [Water Works PlumbingCOntraclors I_Roxanne Lawson 620-0630-711-61-02 (58,815)iAnnual expenditures are projected to be lessihisyear i __—.—_r—._._ — I— - I OJSubtotal I 1 Sewage Operations !Wastewater I Bad Debt Expense C.Kurzhal I 641-0650-851-74-01 — 500 Write offs fluctuate ear to ear;difficult to predict butl et needs Sewage Operations Wastewater Contractual Services C.Kurzhal 641-0630493-6335 -- y _ � (500)Transfer unspent funds to cover cost of bad debt I• i oI 'Sewage Works Capital Wastewater 'Other Professional Services C.Kurzhal 642-0630-01531-06 _ 1,853 Arcade invoice paid from wrong_PO in 2013;over drafted account in 2015. Sewa a Works Capital ;Wastewater I MiscellaneousEquipment C Kurzhal 1642- , -- p >� - p — — I 0630-015-03-101 (1,853)Transfer unspent funds to cover cost of above invoice 0..I Century Center Capital Fund Enegr ySavings Bond [Bond Issuance Costs C.Kinnard 1671-0406.64531-151 735 IAd(ust f_r Energy Conservation Bond Issuance Costs-Flames&Thornburg Century Center Capital Fund Jnergy Savini Bond I Other OperaIing Supplies C.Kinnard 1671=0406-645-22-24 -- (735)ITransfer unspent funds to cover cost of above invoice _. _ —_I_ 0 _--. Fire Pension Fire Pension 1-Other Professional Services G Ens 701-0903-645.31-061 --- S000[Cost of state-Tager'actuarial report for the Fire Pension Planprepared by PWC Rep t required for CAFR. Fire Pension [Fire Pension Fire Pension Health Insurance G.Ens 1701-0903-701.11.081 (3,000)1Transfer unspent funds to cover cost I — --. —_ p __—— I I . Police Pension }Police Pension I Other Professional Services D Pinkert 1702-0803-645-31-06 -- 3,000 Cost ofstate-re u;red actuarial report for the Police Pension Plan re_aredb PWC. Report required foroAFR. 4 W P P by P q Police Pension IPolice Pension ;Pensions Current Year D.Pinckerti702-0803-702-10-08 (3,000)Transfer unspent funds to cover cost �. 0 Employee Benefits Employee Heats Clinic Other Operating$upPies P.Price 711-0425-671-22-241 — 2400 Toapproprtate funds for flu shots for clinic Employee Benefits .__ 1Admin&Finance }Medical Claims P.Price 1711-0401.671-34-17:. — (2,400)1Toa ro rite funds for flu shots for clinic — .—[ — —.-- -- I_ O PP P _-_ Grand Total I 0 J • • • September 2015 Budget Amendments 9/9/2015 Paget • ,....oU TN'.,,, 1200N COUNTY-CITY BUILDING e L.,\':\��j�`- PHONE :5,,.,.. .,e, ..( 227 W. JEFFERSON BLVD. . � ^' FAX 574.249928 s =w • � � as SOUTH BEND,INDIANA 46601-1830 t- � ° % 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 8, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard,4th Floor South Bend, Indiana 46601 RE: September 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 15`reading on September 14, 2015 with 2"d reading,public hearing and 3`d reading scheduled for September 28, 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 H. Murph City Controller Filed in Clerk's Office CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff SC K . 2015 Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel JOHN YOORME Aladean DeRose, City Attorney CITY CLERK,SOUTH NEW,IN Jennifer Hockenhull, Deputy City Controller 0 .,'%