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HomeMy WebLinkAbout06-22-09 Common Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, JUNE 22, 2009 ~. 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 ~.nn D M 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 41-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 113 LAUREL STREET, IN THE CITY OF SOUTH BEND, INDIANA 42-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 305 EDDY STREET/1032 EAST WAYNE STREET, IN THE CITY OF SOUTH BEND, INDIANA 40-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $578,644.00 FROM STUDEBAKER/OLIVER REVITALIZATION GRANTS FUND (#209) FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES 43-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $74,500 FROM HALL OF FAME DEPRECIATION FUND (#677) 44-09 PUBLIC HEARING ON A BILL OF THE COMMON .COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY 8. BILLS, THIRD READING BILL N0. TIME: 41-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 113 LAUREL STREET, IN THE CITY OF SOUTH BEND, INDIANA 42-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 305 EDDY STREET/1032 EAST WAYNE STREET, IN THE CITY OF SOUTH BEND, INDIANA 40-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $578,644.00 FROM STUDEBAKER/OLIVER REVITALIZATION GRANTS FUND (#209) FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES 43-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $74,500 FROM HALL OF FAME DEPRECIATION FUND (#677) 44-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY 9. RESOLUTIONS BILL NO. 09-43 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 747 S. MICHIGAN STREET, SOUTH BEND, INDIANA 09-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1823 S. ST. JOSEPH STREET 09-48 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEiQD, Ii~1DIAiQA, COMMONLY KNOWN AS PORTAGE PRAIRIE DEVELOPMENT, LOT 2 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE- YEAR REAL PROPERTY TAX ABATEMENT FOR WAGGONER FARM DEVELOPMENT, L.P. (ONTARIO PARTNERS, L.P.) 10. BILLS, FIRST READING BILL N0. 46-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $955,315.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 4.34, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT 47-09 FIRST READING ON A BILL OF THE COMMON .COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, SECTION 17-4 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING INFLOW TO THE CITY'S SANITARY SEWER SYSTEM 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601-1830 Phone:574-235-9798 Fax:574-235-9578 e-mail: SBSJCHPC@co.st-joseph.in.us Timothy S. Klusczinslci, President A Certified Local Government Catherine D. Hostetler, Director May 29, 2009 South Bend Common Council 455 County-City Building 227 West Jefferson South Bend, IN 46601 Dear Members of the Council, Please find the attached Ordinance which has been prepared for introduction to the Common Council. The purpose of this ordinance is to establish the property at 113 South Laurel Street as an Historic Landmark. The described real estate is Lots 8-9 46~ 1-3 Ft N End, Ea Wall & Hines Sub of BOL 90. At its Public Hearing on May 18, 2009, the Historic Preservation Commission recommended designation of this property to the Common Council. A copy of the Staff's favorable review and recommendation along with the homeowner's consent regarding this property are also enclosed. Respectfully submit~ted~, ~ , ~~~~.C~C-~J Catherine D. Hostetler, Director F@~~~ 6~a CI~r~'~ C~~~~i~e JUN - 2 JQla~d Vtl~Jl?DE CITY t;l.£;i~, S0. Bbf~ED, lid. COMMISSIONERS asu er Terry A. Niezgodski Lynn Patrick (Vice President) ~~~ Mary Jane Chase (Tre r ) Linda Riley (Assist. Sec) Todd Zeiger David Sassano (Architectural Historian) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 113 LAUREL STREET, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT 'the Owners of the property located at 113 Laurel Street, in the City of South Bend, Indiana, (the "Property") have petitioned the Historic Preservation Commission of South L1end and St. Joseph County (the "Commission") to have the Property designated as a Historic Landmark pursuant to South Bend City Ordinance No. 5565-73, as amended. The Property is located in the West Washington National Register District and is recognized in the City of South Bend, Historic Sites and Structures~Inventory with a rating cf "Notable" meaning that the property is above average and that further research may reveal that the property is eligible for National Register listing. 'The staff of the Commission has prepared a report and recommendation for the Commission, which has reviewed the petition of the Owners and the report prepared by the staff and has heard and discussed the recommendation of the staff for the designation of the Property as a Historic Landmark. 'i he Commission has conducted a public hearing for the purposes of • hearing comments on the designation of the Property as a Historic Landmark and for delivering a recommendation to the Common Council and following the public hearing, the Commission has given its favorable recommendation to the Common Council of the City of Sout}i ,Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. SSb5-73, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Designation. The structure and real property located at 113 Laurel Street, in the City of South Bend, Indiana, shall be and hereby are designated and established as a Historic Landmark pursuant to Ordinance No. 5565-73, as amended. That such designated and established site is more particularly described as: A lot or parcel of land 46 1/3 feet wide, fronting on Laurel Street, taken off of and from the whole width of the North ends of Lots Numbered Eight (8) and Nine (9) as shown on the recorded Plat of Wall and Hine's Subdivision of the North part of Bank Out Lot Numbered Ninety (90) of the Second Plat of Out Lots of the Town, now City of South Bend, Indiana Tax Key No. 18-3068-2640 Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor according to law. Member of the Common Cou~icil ATTEST: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock _.m. City Clerk Approved and signed by me on the day of o'clock .m. 1 st READI1~tG ~_~_~ 1 PUBLIC HEARING 3 rd READING PLOT APPROVE REi=ERRED nncCFD JUN - ?- 20Q9 JG'riAt ~JGG'~~:~c P,IT''/ f'f t~;}~ ^.C? Gram rra 2009, at City of South Bend, Indiana West Washington Street Historic District (ZO1-598-2600.1-263) ;3 ~ 15 ~.. 34 - 38 39 !qA .~~` 41 50 ; ~4Q j o,P~? , ~ r ~a F ~F~ , J ~ , a ~ `.79-. b9;:73 ~ 74 78'.. 80 96 ._ . ,. ,:1.00;. v ,, _. , ,. r N CD THOMAS ST N N 113 South Laurel ~ F N O J ~ n. v NN .; ~., a _." .. .. W COLFAX AVE 51 `' 64 65` 68 ~~ .: o: N N ~. ~~ N N 155-,1.58 N'.~ ._: T,, 159 . '. W NAPIER 5T N rar~~1i1 H N~ w N N.: O N N Z z F N W LL 2 5 ~ N N ~.~., .. E , ; , ~,, _ ~ ~oo~ 113 South Laurel Based on the Historic Preservation Commission's Local Landmarks Criteria as adopted by the Common Council, the site at 113 South Laurel can be recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three azeas: 1. Its embodiment of elements of acchitectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria #1 as an excellently preserved example of the Free Classic architectural style. The house was constructed in 1903 and possess its original building materials and windows. This home is rated Notable in the 2005 City of South Bend Interim Survey of Historic Sites and Structures. The interior of the home has been completely restored. The building fulfills criteria #2 by the integrity of its original construction with only minor alterations. Alterations are limited to enclosure of the reaz first storey porch and its second storey sleeping porch and a new front porch balustrade. The building fulfills criteria #3 by its association with its builder, Clement Smogor. Clement Smogar emigrated from Poland in 1882 at the age of 6. He became involved with the lumber business in 1897 and in 1912 established the Smogor Lumber Company. He was also president of the Elkhart Lumber and Supply Company and was connected with his father's company, A. Smogor and Sons Coal and Builders' Supply. In addition to being a prominent lumberman he was also a banker. He was active in the organization of the People's State Bank and served as its president. ~''t~~~ t~1 ~ SUN - 2 2009 1C~~n VCi~;~~J^E[r~ March 26, 2009 Historic Preservation Commission County City Building 125 South Lafayette South Bend, IN 46601 Dear Katherine Hostetler, Our property at 1 13 Laurel, South Bend 46601 is on the list of homes as notable. We are seeking to have it designated as a local historic landmark to have it .protected in years to come. It was built in 1909 by Klemens Smogor for his family. Smogor built many sturdy, beautiful houses throughout South Bend and had a lumber yard just down the street from his home at the end of Laurel and Division, which is now Western. The home was saved from being torn down and restored in 1979 by Paul Hayden through the Community Development Homestead program. We also have the original abstract documents. We hope that you will find it suitable for such a designation. Yov are welcome to contact us to view inside as well as outside. Most sincerely, ,,--_ , is E ~, t : ~, ~ ,¢; Dr. Daniel Holm ' 1 13 Laurel South Bend, IN 46601 574-289-3963 holmstead@sbcglobal.net ~~ ~~~ l Mrs. Lois Holm ~~}~~ ~~~s~~~'~~~ 0~~~~e JG!•1'rd va~AC~ GIiY GL~t~K, S0. EEisD, !;!. South Bend anal St. Joseph county HISTORIC PRESERVATION CO1VIIVIISSION 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601-1830 Phone:574-235-9798 Fax:574-235-9578 e-mail: SBSJCHPC@co.st-joseph.in.us A Certified Local Government Catherine D. Hostetler, Director Timothy S. Klusczinski, President H1S~G~IC~ i,~~i~i~ 1~UR~EMLI`~T We, the undersigned property owners, do hereby grant the Historic Preservation Commission of South Bend and St. Joseph County the permission to have: 113 Laurel South Bend, IN 46601 declared an historic and architectural landmark under ordinance. I also approve of the classification of this property under Group B Standards. Gas ~'• Signature of Property Owners - ~Z u~a~ Date Mary Jane Chase (Treasurer) COMMISSIONERS Larry Meteiver (Attorney) Lynn Patrick (Vice President) David Sassano (Architectural Historian) f .... .. _ .. _.. .. ..- ., _ -r.-- ~,/ ~`J~ftii ~1,'`vY3Ul: Clf i y~~fi~T iJ~~. GI:.FLLj, ~1~1. Linda Riley (Secretary) Todd Zeiger ~..- wr .~ ...t~ r s'.: { .. ~ ~~• fY 4 5- ./ `. _-_. r' ~..~ ~.t 1~<-. ~.a /~~ _ - x I~- ~ f4 ~ ~ • r ~ ~yh~ '„ !'!!4! ~ .la ~= ~. ti air ~,; ,~ . a,.y,.:~: . ~- . a ~`~ 4 ~~~;~ w}V. 1 . ~. _ ~ . It 1_ . ,~.; ... i.,' ~ y,, y`~~., ~, ~' .< ~ '1'~ ,. • iii ,,, _ , `~r ~ ~ J f 'EI •. -~`d. ./ x x .;} s~ ~ .. h .3~~ r'li i~ ~/; +~ y 4~f r ~~ ~ ` ,~J ,, `x r M 4 ~; Y..t. X ~~. :, ti~ , South Bend and St. Joseph County HISTORIC PRESERVATION COMlYIISSION 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601-1830 Phone:574-235-9798 Fax:574-235-9578 e-mail: SBSJCHPC@co.st-joseph.in.us Timothy S. Klusczinslci, President A Certified Local Government Catherine D. Hostetler, Director May 29, 2009 South Bend Common Council 455 County-City Building 227 West Jefferson South Bend, IN 46601 Dear Members of the Council, Please find the attached Ordinance which has been prepared for introduction to the Common Council. The purpose of this ordinance is to establish the property at 305 South Eddy/1032 East Wayne as an Historic Landmark. The d=scribed real estate is Lot 1, Lister's Sub of Cottrells Large Lot 23. At its Public Hearing on May 18, 2009, the Historic Preservation Commission recommended designation of this property to the Common Council. A copy of the Staff's favorable review and recommendation along with the homeowner's consent regarding this property are also enclosed. Respectfully subm' ted, - Catherine D. ostetler, Director ~i[~~a.l~ 6,~$~~E~'~ Offz~~ ' JU~I .- 2 2~ . , -- . _ ~ jpKN VD4RDE~ ~t3. BEts®, i;l. G!t'~'GL~RK, .. COMDfISSl01~'ERS , ;' ; ;,' ' - ~~ I Jeffry A N~ezgodski ~ Lynn Patrick (Vice President) Mary Jane Chase (Treasurer) _ .. ~ ~;~ ..David Sassano (Architectural Historian) ~, Linda Riley (Assist. Sec) Toijd Zeiger i ~, ORDINANCE 1x10. AN ORDINANCE OF THE COMMOl®1 COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 305 EDDY STREET/1032 EAST WAYNE STREET, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Owners of the property located at 305 South Eddy Street/1032 East Wayne Street, in the City of South Bend, Indiana, (the "Property") have petitioned the Historic Preservation Commission of South Bend and St. Joseph County (the "Commission") to have the Property designated as a Historic Landmark- pursuant to South Bend City Ordinance No. 5565-73, as amended. The Property is located within the Howard Park Historic District, the Howard Park National Register District and is recognized in the City of South Bend, Historic Sites a~~d Structures Inventory with a rating of "Contributing" meaning that the property is not important enough to stand on its own individually, however, it is important to the density or continuity of an area's historic fabric. The staff of the Commission has prepared a report and recommendation for the Commission, which has reviewed the petition of the Owners and the report prepared by the staff and has heard and discussed the recommendation of the staff for the designation of the Froperty as a Historic Landmark. The Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Property as a Historic Landmark and for delivering a recommendation to the Common Council, and following the public hearing, the Commission has given its favorable recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. SSFS-73, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: ,, Section 1. Designation. The structure and real property located at 305 South Eddy Streetl1032 East Wayne .Street, in the City of South Bend, Indiana, shall be and hereby are designated and established as a Historic Landmark pursuant to Ordinance No. 5565-73, as amended. That such designated and established site is more particularly described as: Lot Numbered One (1) as shown on the recorded Plat of Sorden Lister's Subdivision of Block Numbered Twenty-three (23) in Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend, St. Joseph County, Indiana Tax Key No. 18-6006-0124 Section'. Effective Date. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor according to law. c~~~s~Fl=~'~ ~~i ~~~sv ~'i'd6alT6~:~ Sfl~ ~l9f1~4~ ~~~~~ G~i E~?i5 Es~ll~'~ ATTEST: City Clerk Member of the Common Counci Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock ,.m. City Clerk Appro~~ed and signed by me.on the day of o'clock _.m. 1st RBADING ~ o ro t PUBLfG FIFA°fNG 3 rd READENG NOT APPRQY.~ REFE?,P,EQ PASSED 2009, at Mayor of the City of S 6¢~~ X11 ~~~~'~~'~ ~~~~~~ Jl1N - ? 2c~9 ~~+ eR t'~~a1 ~tU~ 305 South Eddy/1032 East Wayne Based upon the Historic Preservation Commission's Local Landmarks Criteria as adopted by the Common Council, the site at 305 South Eddy/1032 East Wayne can be recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three areas: 1. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria #1 as a surviving example of a gable front cottage built in 1882 of native South Bend yellow brick and local materials. The building fulfills criteria #2 because the integrity of its original construction design and its original materials are intact and readily identifiable. The building fulfills criteria #3 by its association with Sorden Lister a member of one of the early pioneer families of St. Joseph County of the 1830s; he also served as postmaster and First Ward Councilman. The structure served as a physician's office from 1957-1982 for Dr. Agatha Wilheln's Internal Medicine practice. Dr. Wilhelm graduated from Northwestern School of Medicine in 1936 became assistant director of the South Bend Medical Foundation between 1936-1943 and had a fellowship of Internal Medicine at Mayo's Clinic between 1941-1943. Her first husband was Joseph W. Lauber (died 1964) son of Joseph C. Lauber (1869-1947), founder of J.C. Lauber, a local roofing and sheet metal concern that it still family owned. The building is currently owned by Elizabeth Lauber, M.D. and was used by her to house her medical practice. She is the daughter of Dr. Wilheln and Joseph W. Lauber. ~t~~'0i ~E~ ~SVn~ rS7*~"~ SsZ$~~~`i,o JUN - 2 2009 sera t~~~sa~ 51387 Portage Road South Bend, Indiana 46628 May 15, 2009 Catherine D. Hostetler Historic Preservation Committee 125 S. Lafayette Blvd. South Bend, Indiana 46601 Dear Catherine: I would like to place my office at 1032 East Wayne St. South Bend 46617 on the historic preservation roster. I do not know all that is required to do so, but am asking for your assistance and direction. I appreciate all help that you can give me. Thank you and sincerely, ~~ Elizabeth Lauber JUN - 2 2Q09 ~o~e~ vu0~:~~ cart c~~~~x, sow°°• South Betid and St. Joseph county IIISTORIC PRESEI~~ATION CO1VIlYIZSSION 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601-1830 Phone:574-235-9798 Fax:574-235-9578 e-mail: SBSJCHPC@co.st joseph.in.us A Certified Local Government Catherine D. Hostetler, Director Timothy S. Klusczinski, President HISTORIC LANDl~'IAR.I~ AGREElVIE1~T I, the undersigned property owner, do hereby grant the Historic Preservation Commission of South Bend and St. Joseph County the permission to have: 305 South Eddy ~ ~43z ~ ~ ~~=~- South Bend, IN 46617 declared an historic and architectural landmark under ordinance. I also approve of the classification of this property under Group B Standards. Signature of Property Owner Date i^.~ - ,", J 1, . - a CITY CL>:n~. u'`~~ ~, i?l. Mary Jane Chase (Treasurer) C®16~MI.SSIOIVERS Larry Meteiver (Attorney) Lynn Patrick (Vice President) David Sassano (Architectural Historian) Linda Riley (Secretary) Todd Zeiger I-Toward Park 1-Iistoric District (201-597-3001-063) ~, - .~ dz ''41...: ~. 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GIBNEY EXECUTIVE DIRECTOR 1('x.1\ Nu. ~(~-c~9 June 1, 2009 South Bend Common Council Fourth Floor Council Chambers 400 County-City Building South Bend, IN 46601 Dear Council Members: The attached bill for your consideration and approval will appropriate funds from a $400,000.00 EPA grant for our Brownfields Revolving Loan Fund and $178,644 in repayments from previous loans made from this fund. These funds will be used to make additional loans/grants for environmental remediation within the City of South Bend as allowed under EPA rules. We look forward to your approval of this ordinance. Please note, these funds cannot be used for general government purposes, only toward the engineering and remediation of Brownfield properties. Ann Kolata or I will present this bill at your June 22"a meeting. If you have any questions, please call Ann at 235-9374 or me at 235-9330. Thanks. Sincerely, Eliza h Leonard Director, Financial & Program Management cc: Ann Kolata John March ~' R S'~ c:c u `. n(~n(\ f `~ 1 f A.I /.t+`: I COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 574/235-9660 574/235-9371 FAX: 574/235-9697. FINANCiAI. & PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235-9371 ~"" ORDINANCE i~iG. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $575,644.00 FROM STUDEBAKER/OLIVER REVITALIZATION GRANTS FUND (#209) FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES STATEMENT OF PURPOSE AND INTENT Pursuant to this Council's prior authorization, the City of South Bend in 2008 applied and was approved for a U.S. Environmental Protection Agency (EPA) Brownfield Revolving Loan Grant. It is now necessary to appropriate these grant funds along with monies from previous loan repayments within Fund 209 for their intended purpose of brownfield site remediation within the City. NOW, T IIEREFORE, BE 1T ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The sum of $578,644.00 is hereby appropriated from Studebaker/Oliver Revitalization Grants Fund (Fund #209) for the environmental remediation of Brownfield sites in accordance with EPA rules. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Coun it Attest: City Clerk c iw,:i+~:d Fdd1. i7 .s.'l)~~~ ~l:lS4i~4,r t-.7tI opt ~~ttfso~~~ ~~t puS~'~ h~a~n~ art d C:~unci(~~~;°l en ~hlis i~ u~. 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 m. 1st READ[l~G ~J~V ~ PUBLIC HEAR[13G rd READING ;~~T APPROVES :ErERRED . ~,. ~.. Mayor, City of South o'clock ~t~~~ ~~ ~~~1`i~~`~~ ~it4~~ JUN - L 2009 ,. ~, ~'~- W ~ FkACF ,,`~ ~' ~ ~'~ x,. 1865._ ..",.; ~~ ~\ ~~\ `, „~ - ~ l County-City Building Phone: 574.235.9216 227 W. Jefferson Blvd. 12th Floor Fax: 574.235.9928 South Bend, IN 46601-1830 TDD: 574.235.5567 City of South Bend Stephen J. Luecke, Mayor Department of Adminstration and Finance M. Catherine Fanello, Controller Derek Dieter, President South Bend Common Council County-City Building 227 W. Jefferson Blvd. 4th Floor South Bend, IN 46601-1830 Re: Hall of Fame building repairs Dear President Dieter: It•is now necessary to make some various building repairs due to aging of equipment and the building. All suggested repairs are attached for Council review. I will present this ordinance at the regularly scheduled Personnel & Finance Committee meeting. Thank you for your consideration ~n this matter. Sincerely, M. Catherine Fanello, CPA Controller cc: Common Council Members Mayor Stephen Luecke ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $74,500 FROM HALL OF FAME DEPRECIATION FUND (#677) STATEMENT OF PURPOSE AND INTENT To make building repairs at the Hall of Fame it is necessary to appropriate monies from Hall of Fame Depreciation Fund (#677). NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of $74,500 is hereby appropriated from and set aside within Hall of Fame Depreciation Fund (#677) for the purpose of repairs to the building, which is owned by the City of South Bend. 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 publication as required by law. Attest: City Clerk Member of the Common Cou 1 `and ~ ~u ~ ~~? ~~ur~o~ ~3P:i1~d~ ~E;i~iit~ !v^~ E:jt~illlOti~O tt~ a~!~c~~ ~ f~u~ si ~~Eq s~~ ~~ 6u~u6~g 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 m. 1st READING b-~-O`~ PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED PASSED day of , 2 , at o'clock Mayor, City of S J U P~ - 3 2CC9 JGlii; '~~i~;iR:.fc CITY CLue _ ~ ~. ~: END (N. ' •' Hall of Fame College Football . Capital-Cost 2009 Replace 2 compressors, motors, rotors, and screws on the Trane cooling system 45,000.00 Replace cracked coil on the air handler that services the main level 8,000.00 Replace mixing valve, valve, and thermostat on tempered water line 1,500.00 Adjust and rebalance air handler system and pneumatic controls 1,500.00 Replace 7 exterior outlets and 3 electric panel breakers 1,500.00 New lock cores for lower level security doors 500.00 Rep ace set o 2 ire oors eading to tunnel, a dust ower eve ,Wort east stair oor to close and latch smoothly, replace all weather stripping around 6 sets of entry doors 7,500.00 Replace 2- 1/3 hp pumps.and 2 -1/2 HP motors 2,000.00 Replace 15 exterior light fixture where seals and/or ballast have failed 5,000.00 Replace one 6' x 6" pane of glass on the west side of building 1,500.00 Cost to separate fire alarm system from Century Center 500.00 Total 74,500.00 Prepared b Mark Maurer 0~~~~U1'xT ~~~~ =.' ,W, ~. NF:ACF 1365 ,,-,, County-City Building Phone: 574.235.9216 227 W. Jefferson Blvd. 12t~' Floor Fax: 574.235.9928 South Bend, IN 46601-1830 TDD: 574.235.5567 City of South Bend Stephen J. Luecke, Mayor Department of Adminstration and Finance M. Catherine Fanello, Controller Derek Dieter, President South Bend Common Council County-City Building 227 W. Jefferson Blvd. 4~h Floor South Bend, IN 46601-1830 Re: Ordinance borrowing funds from other city funds Dear President Dieter: Since the 2009 tax bills have not been sent out by St. Joseph County, it is necessary to transfer monies by June 30, 2009 from various city funds to the depleted property tax funds in order to meet operational expenses. All funds will be paid back once property taxes are received and must be paid back by December 31, 2009. However, should this borrowing extend into 2010 because 2009 property taxes are not received, another ordinance will need to be filed declaring an emergency in order to extend the borrowing past 2009. I will present this ordinance at the regularly scheduled Personnel & Finance Committee meeting. Thank you for your consideration in this matter. Sincerely, M. Catherine Fanello, CPA Controller cc: Common Council Members Mayor Stephen Luecke ORDINANCE NO. AN ORDINANCE OF TIIE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAB FUNDS WITHIN THE CITY STATEMENT OF PURPOSE AND INTENT Due to the circumstance that St. 3oseph County will not be able to send out 2008 pay 2009 property tax bills on time in order to provide a property tax settlement with the City of South Bend in June of 2009, it has become necessary to temporarily transfer monies from various Funds within the City to depleted Property Tax Funds to meet current operational expenses. All Funds from which temporary transfers are to be made have monies sufficient to accommodate these temporary transfers. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. The aggregate sum of $ 17,700,000 shall be transferred from the following Funds as follows: A. $7,500,000 from Fund No. 711 Health Insurance Fund; and B. $6,500,000 from Fund No. 102 Rainy Day Fund; and C. $3,700,000 from Fund No. 227 Loss Recovery Fund SECTION II. The monies totaling an aggregate sum of $17,700,000 transferred per Section I from Fund Numbers 711,102, and 227 shall be deposited and loaned temporarily to the following Funds: A. $10,500,000 to Fund 101 General Fund; and B. $3,500,000 to Fund 201 Park General Fund; and C. $1,400,000 to Fund 701 Fire Pension Fund; and D. $1,500,000 to Fund 702 Police Pension Fund; and E. $800,000 to Fund 313 Hall of Fame Debt Service SECTION III. All monies transferred under Section I to the Funds designated in Section II shall be paid back to the originating Fund by December 31, 2009 SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk Member of the Common Coun ily Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2009, at o'clock m. Deputy City Clerk Approved and signed by me on the day of , 2009, at o'clock m. 5ignin~ of ~~f~ ~3~~ i~ ~~~~ ~~ ~~~ti~~~sti~ an ~~~~~~~~ ~~ ~~7 ~s~a~`a~ a~~a~;n and Mayor, City of South Bend ~ ~ ®It~ ~-~ "~~ PUBLIB HEAR[i~G ~3 rd READING NOT APPROVED REFERRED PASSED F~1~~ l~ ~I~1`~~'~ ~~fice JUN - 3 2009 J~3r~IN YGCRDE CIT'f CLERK, S0. BEN®= BOARD of zoNlNO APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 S®uth Bend, Indiana 46601 (574) 235-9554 Fax: (574) 235-5541 May 26, 2009 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ' BZA 5/21/09 Dear Council Members: The above referenced petition of Robert L. Miller, Sr. was legally adverfised on May 1, 2009. The Board of Zoning Appeals gave it a public hearing on May 21, 2009, at which time the following action was taken: Upon a motion by Mr. Hoffinan, being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception for Robert L. Miller Sr. for a group residence in a "MU" district, on property located at 747 S. Michigan Street, is sent to the Common Council with a Favorable . Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot Building Commissioner CCB/cah RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 747 S. MICHIGAN STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 747 S. Michigan Street, South Bend, Indiana in order to permit A SPECIAL EXCEPTION TO ALLOW A GROUP RESIDENCE IN A "MU" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 50I'KG, 2~T J~~BAUi~, II~TAis2`TIT ~ F~Jti.C~I~3ni~g ATTORNEYS AT LAW RICHARD A. NUSSBAUM, II' BRENT E. INABNIT" MATTHEW R.KACZMAREK JOSHUA A. VISSER KEVIN E. WARREN NICHOLAS J. DERDA 'ALSO ADMITTED IN MICHIGAN -'ALSO ADMITTED IN ILLINOIS 5TH FLOOR -PLAZA BUILDING 210 5. MICHIGAN STREET - P. O. BOX 300 SOUTH BEND, INDIANA 46624 TELEPHONE (574) 234-3000 FACSIMILE (574) 234-4220 EMAIL ADDRESS: SNI(~SNI-LAW.COM OF COUNSEL THOMAS C. SOPKO RONALD J. JAICOMO April 29, 2009 Mr. Al "Buddy" Kirsits, Chairperson Zoning and Annexation Committee City of South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 Re: Petition for Special Use Exception for Property at 747 South Michigan Street, South Bend, Indiana 46601 Dear Chairman Kirsits: I represent Robert L. Miller, Sr., a contingent purchaser for property located at 747 South Michigan Street, South Bend, Indiana 46601. Judge Miller is a tireless advocate on behalf of veterans. He has been working with the Center for the Homeless, Inc. due to the fact that an inordinate number of veterans are in need of housing and other social services. The Center and Judge Miller have developed a program entitled "Miller's Vets Program". This programming consists ~of the following: 1. Veterans Amnesty: Given the fact there are no VA emergency shelters, the Center for the Homeless is going to make available an extension of the current weather amnesty program so that veterans may immediately access emergency housing services during the course of the year. 2. Veterans Drop-In Center: An expansion of the veterans amnesty program is to include daytime services, both basic (laundry, food, clothing, hygiene) and supportive programming so that veterans may access medical, pension; disability, mental health/substance abuse treatment, adult education, and rehab services. 3. Veterans Permanent Support Housing: As a fmal expansion of the Miller's Vets Program, permanent housing will be considered and provided at the building located at 747 South Michigan. There is no current timetable for the permanent supportive housing, but it is important that additional emergency housing be provided to veterans. BOARD OF ZONING APPEALS OF THE CITY OF S OUTH BEND PE.T! T IO1~T APPLICANT'S NAME: Robert L. Miller, Sr. d(b/a Miller's Vets Phone: 574-243-9777 ADDRESS: 17526 Douglas Road L-9, South Bend, IN 46635 ADDRESS OF PROPERTY: 747 S. Michigan Street, South Bend,1N 46601 PRESENT ZON]NG OF PROPERTY: Mixed Use OWNERS'S NAME: LC Typesetting Ca., Ina; phone: 574-233-6600 ADDRESS: 1858 Hass Drive, South.Bend, IN 46635 COUNSEL OR CONSULTANT: Applicant and Richard A. Nussbaum, II Phone: 574-234--3000 ADDRESS: 210 S. Michigan St., 5th Fl., Plaza Bldg., South Bend,1N 46601 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Applicant is a contingent purchaser from Owner and intends to assign and/or contribute his interest in the property to the Center for the Homeless, Inc. for its use in rendering humanitarian and charitable care and comfort for homeless veterans. Said care shall be comparable to that currently extended in its present facilities, being the second building{s) south of this property. Said uses require under the Zoning Ordinances a "Special Exception Use" classification to permit "Group Residents" consisting of persons not related by blood, legal adoption or marriage (Section 21-03- 02(a)(2){F}, The potential number of persons will be based upon the number of eligible applicants. Currently 20 to 30 veterans are cared for each night. Estimated this property would permit the doubling of that number, limited only by physical amenities (plumbing) etc. (continues on page 2). We attest under the penalties for perjury, that the foregoing representations are true. Signature of Property Owner by attac zed Power of Attorney Contingent Purchaser P:\WP511DOC1CFHlpetiuan E~TT LI10~ITED P®~R ®F AT'g'®Rl~~ Know all men by these presents, that LC l"yp~aatting Co Inc, a~n Indiana Corporation operating in St. Joscph County, State of Indiana does hereby appoint Robert L. Miller Sr. and/or RiclBard A. l®Tussbauau, practicing Attorneys in the City of South Bend, State of Indiana s to be its true and lawful attorney/s-in fact with full power in its name and stead for and on its behalf to represent this Corporation as OWNER of a building and property located at 747 S. Michigan Street, South Bend, IN. in the action to change its zoning from Mixed Use to Special Use before the Zoning and Annexation Committee and/or the Common.Council of the City of South Bend, Indiana, for the purpose of representing it on the pending zoning petition and to answer any and all questions thereon. I hereby ratify all that my said attorney/s-in-fact shall ]awfully due or cause to be done by virtue hereof 2009. In Witness Whereof, I have hereunto set my hand and seal this L~ day of April LC Typesetting Co Inc. President STATE OF INDIANA ) )SS: St. Joseph County Before me, the undersigned, a Notary Public in and for said County and State, came LC Typesetting Co Inc. by its President, and acknowledged the execution of the above Limited Power of Attorney" Witness my hand and official seal this -~-f----- day of April, 2009 My Commission Expires: June 16, 2009 Si ature ~~ ~hn Printed Name of Notary Public Eva G. Johnson Resident of St. Joseph County (Seal) This Instrument prepared by Attorney Robert L. li~Iiller, Sr.#9361- 71;17526Douglas Rd. L-9, South Bend, Indiana, 46635; Phone243-9777 RICHARD A. NUSSBAU M, II• BRENT E. INABNIT" MATTHEW R. KACZMAREK JOSHUA A. VISSER KEVIN E. WARREN NICHOLAS J. DERDA 'ALSO ADMITTED IN MICHIGAN ''ALSO ADMITTED IN ILLINOIS 50I'KO, NU~SBAUM, INABNIT ~c I~ACZIviAI~EI~ ATTORNEYS AT LAW 5TH FLOOR -PLAZA BUILDING ZIO 5. MICHIGAN STREET- P. O. BOX 300 SOUTH BEND, INDIANA 46624 TELEPHONE (574) 234-3000 FACSIMILE (574) 234-4220 E-MAIL ADDRESS: SNI®SNI-LAW.COM April 29, 2009 Ms. Carolyn A. Henry Board of Zoning Appeals 125 S. Lafayette Blvd. Suite 100 South Bend, IN 46601 Re: Petition for Special Use Exception for Property at 747 South Michigan Street, South Bend, Indiana 46601 Dear Ads. Henry: OF COUNSEL THOMAS C. SOPKO RONALD J. JAICOMO I represent Robert L. Miller, Sr., a contingent purchaser for property located at 747 South Michigan Street, South Bend, Indiana 46601. Judge Miller is a tireless advocate on behalf of veterans. He has been working with the Center for the Homeless, Inc. due to the fact that an inordinate number of veterans are in need of housing and other social services. The Center and Judge Miller have developed a program entitled "Miller's Vets Program" . This programming consists of the following: 1. Veterans Amnesty: Given the fact there are no VA emergency shelters, the Center for the Homeless is going to make available an extension of the current weather amnesty program so that veterans may immediately access emergency housing services during the course of the year. 2. Veterans Drop-In Center: An expansion of the veterans amnesty program is to include daytime services, both basic (laundry, food, clothing, hygiene) and supportive programming so that veterans may access medical, pension, disability, mental health/substance abuse treatment, adult education, and rehab services. 3. " Veterans Permanent Support Housing: As a final expansion of the Miller`s Vets Program, permanent housing will be considered and provided at the building located at 747 South Michigan. There is no current timetable for the permanent supportive housing, but it is important that additional emergency housing be provided to veterans. CenterBne of Existing 14" Attey - ~_ - PL- - 66`- - '-' r~- f -- i -- ~-- I i ~ Proposed Men's ~ Sleeping Area I I _ I; I Prop; Lines of I Restroom-~ APRroximate I / Proposed Layout - 1~ ^ I ~ Proposed Men's ~, I Sleeping Area ~ r I b 0 ~ L------- Existing `~ ~I ~ Partitions N .. N ...I......... __...... _ - ~ W I o ~ Proposed Men's ' °~ Steeping Area a` ~ PL -~-- •-;: -! ~' ~_~ _.'' _I-~-_ Women's 11Mens Restroom I Restroom L___~-__ I l ~ Proposed I Women's I Sleeping Area ..=L~- - Proposed Living Area -_=_ >,: 1 . ,. r. Prop. office is Snack Area ;° r - -PL - +~-3s' Proposa/(oraFroupResidence 747 S. IIICIIIG~l~`1 STMT±JT SOUTH MICHIGAN STREET dlb/a 1VIILLEI~' ~ SETS -nuunr~~- 01 8-3 041-1 55901 INDIANA MICHIGAN POWER COMPANY PO BOX 16428 COLUMBUS OH 43216- 6428 018-3041-1576 CENTER FOR THE HOMELESS INC 735 5 MICHIGAN ST SOUTH BEND IN 46601 018-3022.0815 BENDIX LOCAL 9 740 5 MICHIGAN ST SOUTH BEND IN 46601 018-3041-1565 INDIANA ANb MICHIGAN ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 4321fi ui d-'x022-0814 BENDIX LOCAL #9 740 5 MICHIGAN ST SOUTH BEND IN 46601 018-3022-0849D1 BENDIX LOCAL #9 740 5 MICHIGAN 5T SOUTH BEND IN 46601 018-3041-1575 CENTER FOR THE HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601 018-3041-1561 INDIANA AND MICHIGAN ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 Oi8-3022-0811 CITY OF SOUTH BEND FOR THE USE 8 BENEFIT 1200 COUNTY-CCfY BUILDING SOUTH BEND IN 46601 018-3041-1573 PEAK MONICA M & 1ST SOURCE BANK- CO TRUS 553 E ANGELA SOUTH BEND 1N 46617 D18-3041-1564 INDIANA AND MICHIGAN ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3622.0813 J E J ENTERPRISES 73Z S MICHIGAN ST SOUTH SEND iN 46601 018-3022-OB12 J ~ J ENTERPRISES 730 S MICHIGAN ST 50UTN BEND IN 46601 01 &3041-1560 G M 3 B LLC 61546 MIAMI MEADOWS CT SOUTH BEND IN 46614 018-3041-1571 G M 3 B LLC 61546 MIAMI MEADOWS CT SOUTH BEND IN 46614 Oi8-3041-i57D G M 3 B LLC 61546 MIAMI MEADOWS CT SOUTH BEND IN 46614 018-3022-0810 CITY OF SOUTH BEND FOR THE USE & BENEFIT 12DD COUNTY-CITY BUILDING SOUTH BEND IN 46601 018-3041-1559 PETER NEMETH PROPERTIES LLC 613 DUBLIN DR MISHAWAKA IN 46545 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 May 26, 2009 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception BZA 5/21/09 Dear Council Members: I~~l\ i~ o`(-y`I The above, referenced petition of Charlotte Richmond was legally advertised on May 1, 2009. The Board of Zoning Appeals gave it a public hearing on May 21, 2009, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Mr. Hoffman and unanimously carried, the petition for Special Exception to allow an adult care facility assisted living group home, on property located at 1823 S. St. Joseph St., is sent to the South Bend Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel ~j~~~~~ Charles C. Bulot Building Commissioner CCB/cah RICHMOND SPECIAL E~:CEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CTTY OF SOUTH BEND, INDIANA FINDINGS OF FACT I . THE PROPOSED USE WILL NOT BE INNRIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking revelations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and v<~ill not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the propert}~ predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIJ~E PL.1N BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this ? 1st Day of May, ?009. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ® MAURICE HOBAN ABSENT ELONDA WILDER-HAMILTON RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1823 S. St. Joseph St. WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1823 S. St. Joseph St. in order to permit A SPECIAL EXCEPTION TO ALLOW AN ADULT CARE FACILITY, ASSISTED LIVING, GROUP HOME IN A "SF2" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~~ ~ ~ i~ ~ ~-~ 1 ~~ Member of the Common Council L3i.. •`.f e!{ i?i3 ~~c.3 e;J ~i~s'P "R ~ei+Sfai~ ~~ a ~ 'ip tl • r ~~~~,i,+sc~Yj it3 ~s:yi~iiis Ei'~~,~ti~iv ~11~ l~t?UtiCf~ c~C~tkil Cil ~ll$ l~id~y .Y lp~~s~v~~ .b-~ lto~ ~.~~~,~: APO 2 7 2009 ao~a v©oRO~ C91Y CLERK, SC. B~_ '~,DflPTEH~ Board.Of Zoning. App.eals~ . _ , Of .The City Of South Bend - . PETITION APLLICANT'S NAME: Charlotte Richmond PHONE: 574231-4985 ADDRESS: 1515 Strathmore Court South Bend, 1N 46614 ADDRESS OF PROPERTY: 1823 South St. Joseph Street South. Bend, IN 46613 PRESENT ZONING OF PROPERTY: "SF2" OWNER'S NAME: Albert~Eddie Jacobs ~ PHONE: 501-98.5-986.1 ADDRESS: 1004 Stevenson Cove Jacksonville, AR 72076 - COUNSEL OR CONSULTANT: None .PHONE: NIA - ADDRESS: NIA NATURE OF APPEAL, VARIANCE,.OR SPECIAL EXCEPTION: My name is Charlotte Richmond. and 1 am seeking a special exception for zoning of 1823 South St..-Joseph Street, South Bend, Indiana 46613. ~r am a registered nurse and I would like to open an Adult Group Home. This. Adult Groups Home will house four adults with . physical disabilities and senior citizens needing support care. There will also be Support Staff in the home. This Adult Group Home will not be injurious to the public health .nor the safety of the neighborhood and will maintain the comfort and moral standard of the community. This Adult Group Home will inevitably improve the.ge.neral welfare of this neighborhood by supporting the Disabled and Aging Adults of cur community. This Adult Group Home will not affect the existing. property. It will maintain, if not, improve the value of the property because I will have to abide by strict guidelines set by the State.. This means that not only the interior but the exterior as well will have to meet all safety regulations. This Adult Group Home will not affect the.adjacent properties in this area. By giving these- disabled and aging adults a homelike environment to live together~like a family; we are taking on the responsibility to care for the senior citizens in our community. I attest. under the penalties .for perjury, that the foregoing representations are true. Signature of Property. t i/ /, t ~ =~ 1 ~~ 0 (,/1 `o --,- --~.. ~~ ~~ ~~ e~'I~lfon~ ~~ ~-7043-1702 Information shown on Ihls map is not warranted for accuracy or merchantability. Reproduction of Ihls materiel Is not possible without written pernlsslon of 61. Joseph County, Indiana. N Pholography:Spring 2002 Prepared by: W G 6l. Joseph County Auditor's Office 227 W. Jefferson Blvd. S ' South Bend, Indiana 46601 Phone: (574)235-9463 ~1 PARCELID NAME 1 TAXMAILADD TAXMAILCIT 018-7034-1336 CERVANTES NOES & MARINA 1 13 E CALVERT ST SOUTH BEND IN 46613 018-7034-1334 EVANS WENDY 115 E CALVERT ST SOUTH BEND IN 46613 018-7034-1322 BANKERS TRUST COMPANY OF CALIFORNIA N A 55710 EBERLY PLACE ELKHART IN 46516 018-7034-1320 BEEMER PAMELA A 55710 EBERLY PL ELKHART IN 46516 018-7034-1318 ~EE~IER PAMELA /jI' 55710 EBERLY PL ELKHART IN 46516 018-7034-1316 ROGERS MORRIS LEROY 217 E CALVERT ST SOUTH BEND IN 46613 018-7034-1315 MULLIN EVELYN A & ROBERT A 605 W EDISON E MISHAWAKA IN 46545 018-7043-1686 FRICK LLC 3907 S MICHIGAN SOUTH BEND IN 46614 018-7042-1646 BOLDEN ALFRED 129 E DAYTON SOUTH BEND IN 46613 018-7043-1694 READ PAUL SR 138 EAST DAYTON SOUTH BEND IN 46613 018-7044-1703 US BANK NATIONAL ASSOC AS TRUSTEE 3476 STATEVIEW BLVD FORT MILL SC 29715 018-7044-1704 CITY OF SOUTH BEND BOARD OF PUBLIC WORK 227 W JEFFERSON BLVD SOUTH BEND IN 46601 018-7044-1705 SANDERS~LEANA M 1416 PEACHTREE LN MISHAWAKA IN 46545-9313 018-7043-1682 WHITE DONALD J 110-112 E DAYTON SOUTH BEND IN 46613 018-7043-1683 WHITE DONA~ J 110-112 E DAYTON SOUTH BEND IN 46613 018-7034-1359 VOELKER DEAN A 5508 TRIPPEL DR MISHAWAKA IN 46545 018-7034-1358 HADSELL DOROTHY 118 E CALVERT SOUTH BEND IN 46613 018-,'034-1357 HADSELL DOR HY J 118 E CALVERT ST SOUTH BEND IN 46614 018-7034-1356 GALLIMORE TONY A 8 MARY L 120 E CALVERT SOUTH BEND IN 46613 018-7034-1355 OLINGER DAN 517 BEHNEY AVE MISHAWAKA IN 46544 Oi8-7034-1353 N A HALE GARY A & LYN 61 PEARL ST MELROSE MA 02176 018-7034-1352 ,, ~~ AUSTIN INDIANA H~CDINGS LLC P O BOX 345 NILES MI 49120 018-7034-1351 AUSTIN INDIANA HOLDINGS LLC 12821 BUTTERS PARKWAY FORT WAYNE IN 46845 018-7034-1350 NEWSOME JOEL A 212 E CALVERT ST SOUTH BEND IN 46613 018-7034-1331 BROWN JOHN N SR 1933 S LAFAYETTE SOUTH BEND IN 46613 018-7034-1329 FIRST NATIONAL ACCEPTANCE CO 128 E MILTON ST ATTN PABLO FRANCO 018-7034-1327 THOMAS MARGARET L 132 E MILTON SOUTH BEND IN 46613 018-7034-1325 WORKS 227 W JEFFERSON BLVD SOUTH BEND IN 46601 018-7034-1324 CITY OF SO BEND BO~fRD PUBLIC WORKS 227 W JEFFERSON BLVD SOUTH BEND IN 46601 018-7044-1716 TAYLOR JOSEPH T. AND VIOLA 4454 HURON CIRCLE SOUTH BEND IN 46619 018-7044-1720 SMITH PIERRE 310 S KENTUCKY ST SOUTH BEND IN 46619 018-7043-1688 GILLEAND RANDOLPH L & TINA 114 E DAYTON ST SOUTH BEND IN 46613 018-7043-1689 HUNT GEORGE A & EVA P- 116 E DAYTON ST SOUTH BEND IN 46613 018-7034-1332 MONIQUE INC 3019 S MICHIGAN ST SOUTH BEND IN 46614 018-7034-1330 HERNANDEZ MIGUEL • 1126 W WESTERN AVE SOUTH BEND IN 46601 018-7034-1326 CITY OF SOUTH BE BOARD OF PUBLIC WORK 227 W JEFFERSON BLVD SOUTH BEND IN 46601 018-7034-1323 OLINGER DAN L . 517 BEHNEY AVE MISHAWAKA IN 46544 018-7034-1321 MILLER SCOTT J & TRACY 211 E CALVERT SOUTH BEND IN 46613 018-7034-1319 MCCRAY EVELYN G 213 E CALVERT ST SOUTH BEND IN 46613 018-7034-1328 BROWN JAMES JR & TERESA BROWN 237 68 US HWY 20 LOT 49 SOUTH BEND IN 46628 018-7044-1706 VERTREES INVESTMENTS INC 1602 OAK CT NILES MI 49120 018-7044-1707 GOZALES ARMANDO - 218 DAYTON SOUTH BEND IN 46613 ~„3'z ~~ 1l 018-7044-1708 CITY OF SOUTH BEND,nFJDIANA/BOARD OF PUB BUILDING SOUTH BEND IN 46601 018-7034-1341 MATTHEOS PETE 108 W MCKINLEY AVE MISHAWAKA IN 46545 018-7034-1335 PERRY EDDIE C .. 116 E MILTON ST SOUTH BEND IN 46613 018-7043-1701 VARGAS JAVIER ~ 1813 S ST JOSEPH SOUTH BEND IN 46613 018-7044-1715 TAYLOR JOSEPH D VIOLA 4454 HURON CIRCLE SOUTH BEND IN 46619 018-7044-1719 SMITH PIERRE • 310 S KENTUCKY ST SOUTH BEND IN 46619 018-7044-172501 PETREE GERALDINE & LAWRENCE 225 MILTON ST SOUTH BEND IN 46613 018-7043-1690 NOT ~ 1624 KENDALL SOUTH BEND IN 46613 018-7034-1333 WALKER SADIE E ~, 122 MILTON SOUTH BEND IN 46613 018-7044-1718 WORK BLDG. SOUTH BEND IN 46601 018-7044-1722 CITY OF SOUTH BEND, INDIANA/BOARD OF PUB BUILDING SOUTH BEND IN 46601 018-7043-1691 CORPORATE ~ 4 ALBANY ST NEW YORK NY 10006 018-7043-1692 SMITHSON-GRANT CAROLYNN KAY 132 E DAYTON ST SOUTH BEND IN 46613 018-7043-1693 READ PAUL H 136 E DAYTON ST SOUTH BEND IN 46613 018-7043-1702 JACOBS ALBERT W & EDDIE M JACOBS 1823 SST JOSEPH ST SOUTH BEND IN 46613 018-7044-1717 GS INC ', ALL PACIFIC HOLDIN 3527 LAFAYETTE CA 94549 018-7044-1721 / CITY OF SOUTH BENS? BOARD OF PUBLIC WORK BUILDING SOUTH BEND IN 46601 018-7043-170101 JACOBS ALBERT W A ' EDDIE M 1823 S ST JOSEPH ST SOUTH BEND IN 46613 018-7043-1685 FRICK LLC ~ 3907 S MICHIGAN ST SOUTH BEND IN 46614 018-7043-1684 FRICK LIMITED LIABILITY O 3907 S MICHIAN ST SOUTH BEND !N 46614 018-7043-1695 GRIFFIN MATTIE M 115 E MILTON STREET SOUTH BEND IN 46613 D18-7043-1696 RHODES WALTER - 123 E MILTON ST SOUTH BEND IN 46613 018-7043-1697 RHODES WALTER ~ 123 E MILTON ST SOUTH BEND IN 46613 018-7043-1698 US BANK NA AS TRUSTEE ~ 3476 STATEVIEW BLVD FORT MILL SC 29715 018-7043-1699 SCALES CHRISTOPHER & SCALES LORNA J 934 POTTER POINT DR SOUTH BEND IN 46614-3468 018-7043-1700 BERTA MARSHA A 135 E MILTON ST SOUTH BEND IN 46613 018-7042-1648 OLDEN ALFRED MR & MRS 129 E DAYTON SOUTH BEND IN 46613 018-7042-1647 GOLDEN ALFRED AND ERINE 129 E DAYTON SOUTH BEND IN 46613 ~j~lt KJa~ o~ ~f8 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 PORTAGE PRAIRIE DEVELOPMENT, LOT 2 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR WAGGONER FARM DEVELOPMENT, L.P. (ONTARIO PARTNERS, L.P.) WHEREAS, a petition for real property tax abatement 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 Portage Prairie Development, Lot 2, South Bend, Indiana, and which is more particularly described as follows: A PART CF T Hi NOR T H v~S T QUARTER ^vF SECTION i7 AND THE Td^vRTriEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 17, SAID CORNER BEING MARKED BY A HARRISON TYPE MONUMENT; THENCE SOUTH 00 DEGREES ]2 MINUTES 46 SECONDS EAST, A DISTANCE OF 910.31 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST, A DISTANCED OF 385.46 FEET TO THE WEST RIGHT-OF-WAY LINE OF DYLAN DRIVE AS RECORDED UNDER INSTRUMENT NUMBER 0647966 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE SOUTH 00 DEGREES 15 MINUTES 35 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 919.19 FEET TO THE NORTH LINE OF PORTAGE PRAIRIE MINOR #2 AS RECORDED UNDER INSTRUMENT 0814357 NUMBER; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 386.22 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID NORTH LINE OF PORTAGE PRAIRIE MINOR #2, A DISTANCE OF 166.28 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS EAST AND PARALLEL TO SAID WEST RIGHT-OF-WAY LINE OF DYLAN DRIVE, A DISTANCE OF 919.19 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST, A DISTANCE OF 167.04 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 11.659 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RIGHT-OF-WAY, COVENANTS AND RESTRICTIONS OF RECORD. and which has no Key Number at tlus point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et sec ., and; WHEREAS, the Department of Community and Economic Development 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 sue., and South Bend Municipal Code Sections 2-76, et sec ., 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 and Economic Development 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 that the Petition for Real Property Tax Abatement and the Statement of .Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sec ., for tax abatement. SECTION II. The Common Council hereby determines and fmds the following: A Tl, ~' +h ~ ~ }~ IlT_}~ „Tf1Tl1L~el1 ra~a~ra~nnment or rehabilitation meets A. 1 1aL Llle LLerJN11N L1V11 V1 ule ~l1V ~l tl vuvr vaVV the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the 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- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period nine (9) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the .] a:,... F 1. T1 1 +...... Do 1 +;.. F r ~nol pr~nPrt~r Tav flhatement to }~a ~yhlic}~ad GLLLopllVll Vl t111.S LGVlar CLLVl~' 1\lisV uuvn to• y~vu i i Nv ~ 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 VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common council c~~~n~.y f~~ p.3~~~ : fi>.~a~~g and PRESENTED NOT APPg'.O`I~~J File !~ ~~~~~'~ ~~~€~® JUN 1 7 2009 dC~H~~ UQt319~E CI7Y CLEi,K, ~'~. BEhD, IN. ~DOPTEI~ 1200 COUNTI'-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT ,JEFFREY V. GIBNEY EXECUTIVE DIRECTOR June 5, 2009 Council Member Timothy A. Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 ~.'" s F p ~_._--__ ' ~ `. J - ; L~~9 ~.. ire. RE: Commercial Real Property Tax Abatement Petition for: WAGGONER FARM DEVELOPMENT, L.P./ONTARIO PARTNERS, L.P. Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above-referenced petitioner for construction of a structure to be known as the "Ontario Building". It will be located in the Portage Prairie Development Area. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The petitioner, Waggoner Farm Development/Ontario Partners, proposes to construct a 157,000 square foot building. The total cost of the project is estimated to be $5,000,000. Waggoner Farm Development intends to transfer the property to Ontario Partners. Based on the Public Benefit Points system staff has calculated that the abatement term should be six years. However, the petitioner has verbally indicated their intent to ask for anine-year real property tax abatement. This is further explained in the attached report. A representative of the petitioner will be available to meet with the Committee on June 22, 2009. 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 235-5835. Sincerely, Robert Mathia Economic Development COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC. PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD PAX: 574/235-9697 574/235-9371 Attachments cc; South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ .ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: FROM: SOUTH BEND COMMON COUNCIL BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Waggoner Farm Development, L.P./Ontario Partners, L.P. DATE: June 5, 2009 On May 11, 2009, a petition for real property tax abatement consideration for property located in the Portage Prairie Development Area was filed with the City Clerk by Holladay Properties in the name of Waggoner Farm Development, LP. Waggoner Farm Development intends to transfer the property to Ontario Partners, LP. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development 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 and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Ontario Partners intends to construct a $5,000,000 facility known as the "Ontario Building" in the Portage Prairie Development Area. It is a speculative, 157,500 square-foot, light-industrial building that will house multiple tenants performing a variety of business functions, such as a medical supply company, data storage facility, food general distribution facilities, printing companies, or light assembly. The building will be constructed using pre-cast concrete panels. It will utilize green building techniques such as florescent lighting in the warehouse. The building will be the second one in the Portage Prairie Development Area, which is expected to produce a total of over $350 million in private investment. The first building, also built on a speculative basis, is the "Huron Building" which currently has over 70 people working in it. Having a building ready to go COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL Y~ PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235-9660 574!235-9371 ELIZABETH LEONARD FAX: 574/235-9697 574!235-9371 South Bend Common Council RE: Tax Abatement for Ontario Partners June 5, 2009 Page 2 is critical to capturing potential tenants who have short timelines for occupancy. In addition, the petitioners are facing short deadlines in order to begin the project this construction season. Because of the speculative nature of the proposed project, it is difficult to precisely determine the project's impact in calculating Public Benefit Points and the term of the abatement. Therefore, projections have been used that are based on experience with the Huron Building. Although the Huron Building is slightly smaller at 147,000 square feet it is built to the same general specifications as the Ontario and, therefore, can serve as a good model for estimating the Ontario's impact. Information on the Hurori Building is included with the attached petition. Based on the projections and actual information provided about the Ontario Building; staff calculated that the term of the abatement should be six years using the Public Benefit Points system. However, the petitioners have verbally indicated they intend to request anine-year term which is the same term that was approved for the Huron Building. On July 21, 2006 the petitioner and the Redevelopment Commission signed a Project Agreement for a project titled "Portage Prairie Development Phase I". Both the Ontario and Huron Buildings are included in Phase I of that project. Section 5.7 (Tax Abatement) of the Project Agreement states in part: "Developer understands that it may petition for tax abatement for the project and acknowledges that the Commission, in accordance with this Agreement, will endorse and support a nine (9) year tax abatement for the Project within the current requirements and standards established by the South Bend Common Council pursuant to City ordinance. Developer understands and acknowledges that the granting and approval of tax abatement requests are under the exclusive authority of the South Bend Redevelopment Commission and the South Bend Common Council and require separate approval of each, with such action taken at public meetings in accordance with Indiana law..." At the time the Redevelopment Commission reviewed the petition for the Ontario Building insufficient information was available to determine the length of the abatement term using the Public Benefit Points system and a base amount of three years was estimated. Due to the lack of information the Commission approved the abatement petition for up to anine-year term by Resolution Number 2588 dated June 5, 2009 with the understanding that additional information would be made available to the Common Council to make a final determination. However, as noted previously using the information now available and applying it to the Public Benefit Points system approved by the Common Council, staff could only justify asix-year term for the abatement. Assuming anine-year abatement as requested by the petitioner the total taxes to be abated during that term are estimated to be $635,240. Total taxes to be paid during the nine-year term are estimated at $723,671. For comparison purposes total taxes to be abated during the six-year abatement term are estimated to be $457,383. Total taxes to be paid during the six-year term are estimated to be $448,558. EMPLOYMENT IMPACT Per the petition, there are no estimates regarding creation of new or existing, permanent, full orpart- timejobs for the Ontario Building due to the speculative nature of the project. However, the Huron Building currently has a total of 77 employees working there. ABATEMENT QUALIFICATION Neither Waggoner Farm nor Ontario Partners has received a previous tax abatement. The Huron Building received anine-year real property tax abatement on August 14, 2006 (Resolution No. 3622-06). Holladay Properties, developer for the Ontario and Huron Buildings, has received previous tax abatements through various limited partnerships and limited liability corporations. 2. The Building Commissioner has reviewed the petition and finds the properly to be properly zoned for the proposed project. A review of the South Bend Redevelopment designation areas finds that the property will be located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner does meet the qualifications for asix-year real property tax abatement under Section 2-82, Industrial Development City-Wide. 10-Jun-09 ONTARIO PARTNERS, L.P. Public Benefit Points Summary' Qualify Earned Available Public Benefit Item: Y or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan Y 36 36 Sub-total Project Related: 36 120 2. Super Size Projects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399% Y 65 65 D. 400% and Over Y 52 52 Sub-total Super Size Projects: 210 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contracts N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub-total Construction Related: 0 141 4. Wage 8 Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage 8 Benefit Related: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs N 0 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Subtotal Workforce Related: 42 152 6. Pay for Municipal Infrastructure: (not cumulative, choose only one) A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50% of Extension Cost Y 26 26 C. Pay for 51-75% of Extension Cost N 0 39 D. Pay for 76-100% of Extension Cost N 0 52 Sub-total Infrastructure Related: 26 52 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 438 921 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. ONTARIO PARTNERS, L.P. Additional Years of Abatement Mulitfamily Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 921 7 Subtotal from Points Summary: 438 Base Years of Abatement Additional Years of Abatement: Total Years of Abatement: 6 6 YEAR Ontario Partners LP 10-Jun-09 South Bend German Township South Bend Portage Township Real Property Tax Abatement Schedule* Tax Key Number Current Assessed Value: Estimated Project Cost: NA 6,000 5,000,000 Current Without 100% 85% 66% 50% 34% 17% Assessed Value: AV & Tax Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Current Assessed Value 100% 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000. Base Assessed Value 85% 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 Less Abatement Deduction 0 (4 250 000) (3 612 500) (2 805 000) (2 125 000) (1,445,000) (722,500 Net Assessed Value 6,000 4,256,000 6,000 643,500 1,451,000 2,131,000 2,811,000 3,533,500 Property Taxes: Assume constant tax rate of 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% Gross Tax (tax rate x net assessed value) 257 182,221 257 27,551 62,125 91,239 120,353 151,287 Less Circuit Breaker Credit (44) (31 231) 0 0 0 0 0 (4,254) Net Tax 213 150,990 257 27,551 62,125 91,239 120,353 147,033 Circuit Breaker Cap Circuit Breaker 3.0000% 180 127,680 127,680 127,680 127,680 127,680 127,680 127,680 Debt Service 0.5477% 33 23,310 33 3,524 7,947 11,671 15,396 19,353 Circuit Braker Cap 213 150,990 127,713 131,204 135,627 139,351 143,076 147,033 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 213 150,777 150,990 150,733 257 2 213 150,777 150,990 123,439 27,551 3 213 150,777 150,990 88,866 62,125 4 213 150,777 150,990 59,751 91,239 5 213 150,777 150,990 30,637 120,353 6 213 150,777 150,990 3,957 147,033 Totals 1,277 904,664 905,941 457,383 448,558 `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. 9 YEAR 10-Jun-09 Ontario Partners, LP Assessed Value: Current Assessed Value Base Assessed Value Less Abatement Deduction Net Assessed Value Prooertv Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap Tax Key Number Current Assessed Value: Estimated Project Cosl: Current Without 100 % 88 % 77 % 66 % 55 % 44 % 33 % 22 % 11 AV & Tax Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 100 % 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 85 % 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 0 (4 250 000) (3 740 000) (3 272 500) (2 805 000) (2 337 500) (1 870 000) (1.402 500) (935,000) (467,500) 6,000 4,256,000 6,000 516,000 983,500 1,451.000 1,918,500 2,386,000 2,853,500 3,321.000 3,788,500 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 4.2815% 4.2615% 4.2615% 4.2815 257 182,221 257 22,093 42,109 62,125 82,141 102,157 122,173 142,189 162,205 (44) (31 231) 0 0 0 0 0 0 0 0 (13,775) 213 150 990 257 22,093 42,109 62.125 82,141 102,157 122,173 142,189 148,430 3.0000 % 1 BO 127,680 127,680 127,680 127,680 127,680 127,680 127,680 127,680 127,680 127,680 0.5477 ! 33 23 310 33 2 826 5,387 7,947 10,508 13,068 15,629 18,189 20,750 213 150 990 127,713 130,506 133,067 135,627 138,188 140,748 143,309 145,869 148,430 South Bend German Township Real Property Tax Abatement Schedule' NA 6.000 5,000,000 New Combined Net Existing Project Existing 8 New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 213 150,777 150,990 150,733 257 2 213 150,777 150,990 128,898 22,093 3 213 150,777 150.990 108,882 42,109 4 213 150,777 150,990 88,866 62,125 5 213 150,777 150,990 68,850 82,141 6 213 150,777 150.990 48,834 102,157 7 213 150,777 150,990 26,818 122,173 8 213 150,777 150,990 6,801 142,189 9 213 150,777 150,990 2,560 148,430 Totals 1,916 1,356,995 1,358,911 635,240 723,671 'This schedule is for estimation purposes only and assumes constant taz rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. _ I~®LLAI~A~ FI~~PEI~T~E~ Building Solutions Since 7 g52 227 South Main Street ~ Suite 300 P.O. Box 1331 South Bend, Indiana 46624 (574) 234-2073 FAX (574) 284-3790 May 8, 2009 Mr. Robert Mathia Economic Development City of South Bend 227 W. Jefferson Blvd., Ste. 1200 South Bend, IN 46601 .~~ _~~~5~ ~ ~~~,~ ~~~~~ MPS 1 JrC3;'i~ ~t~' V~YS . G•(~I V Re: Ontario Building Tax Abatement Dear Bob, Enclosed in this package please find an application for real property tax abatement for the property and structure to be known as the Ontario Building. The Ontario is the second building planned for the Portage Prairie project. Like its predecessor, the Huron, the Ontario Building is amulti-tenant, light industrial facility that is being marketed on a speculative basis. Due to the speculative nature of this building it is difficult to provide some of the employment and construction information required on the application. The Huron was also built and marketed on a speculative basis and is currently occupied by two strong tenants with approximately 60 - 80 employees working in the building. We would not have captured either of the existing tenants without having the space available, or tax abatement on the building. That is the same conflict that we face with the Ontario Building. fn order to attract tenants who have a short timeline for occupancy we need to have the ability to obtain a construction permit and move as quickly as possible, but we also need to have an assurance of tax abatement in place before they will commit to the building and the area. In addition to this letter and our application I have included the building elevations, a floor plan, and a marketing flyer for the Ontario Building. As you can see, in our own effort to reduce the lead time for construction we have begun the design and engineering on the property. Holladay Properties, in conjunction with CB Richard Ellis -Bradley, is actively marketing the building to brokers, and potential users, located around the region. I look forward to discussing this project with you, and if you have any questions or concerns please feel free to contact me at any time. Sincerely, ~.~-~ t~,,~---, Paul Phair Project Manager South Bend Nashville Indianapolis Chicago/Portage Cincinnati -Richmond, Virginia www.holladayproperties.com ,~`."="`• STATEMENT OF BENEFITS J~'..._ ~.~. ( ;;~ ,~ REAL ESTATE IMPROVEMENTS . j f State Form St767 (R2l 1-07) ,, .,~ Prescribed by the Depatiment 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 btiilding jIC 6-1.1-12.1-4.6) 20_ PAY 20_ FORM SB-7 1 Real Property INSTRUCTIONS: i. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant fn making ifs 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 propeRy for which tl~e person wishes to claim a deduction. "Projects"planned or'ciimmltted to aRer July i, 1987, and areas designated after July ~, 1987, regufre a STATEMENT OF BENEFITS. (!C 6-i.1-i2.1) 2. App~o4a1 of the designating body (City Council, Town Board, County Council, atc.J must be obtained prior to fnffiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction,, application Form 322 ERA/RE or Form 322 ERA/VSD, Whichever is applicable, must 6e filed with the CountyAuditor by the later of.• (1) :May 70: or (2) thirty (30) days after the notice of addition to assessed valuation qr new assessment is mailed to the property owner al the address shown on the records of the foivhship assessor. 4. Property owners whose Statement of Benefits was approved after Jtrne 30, 1991, must attach a Form CF-1/Real Property annually to the application to show compliance in+ith the Statement of8enefits. fIC 6-1.1-12.1-5.i(b) and IC6-1.i-12.1-5.3(j)] 5, The schedules. established under IC 6-1.1-12.1-4(d) far rehabilitated property and under IC 6-1.1-i2.1-4. t3{1) for vacant buildings apply to any statement of benefts approved on or after Jufy 1, 2000. The schedWes efl'ectrve prior to July 1, 2000, shall continue to apply fo a statement of benefrts f+lad before r„n.~ ~nnn Name at taxpayer Waggoner Farm Development, L.P. Address of taxpayer (ntrrnber end street, city, slate. and ZlPcodeJ 227 South Main St., Ste. 300; South Bend, IN 46601 Name of contact person Telephone number Paul Phair (574) 217-4498 E-mail address pphair@holladaypr F Name of designating body Resolution number T Cit of South Bend Common Council Location of property County Joseph St OLGF lazing district number .Dylan Drive . Desuipiion of real properly improvements, redevelopment, or rehabilitation (use additlonaf sheets itnecessary) Estimated stag date {month, day, year) 157,500 square foot light:-industrial/ Jul 1, 2009 distribution facility;-:bUilt on speculation Esfunaledcompletiondate(montlr,day,year) ~`~ A ril 1 201 0 • • s ~ • '••• • •• Current number Salaries Number retained Salaries Number additional Salaries ection of applicab e T i s s -.-. . •-. NOTE: Pursuant io 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 5 0 0 0 0 0 0. 0 0 Less values of any property being replaced Nel estimated values upon completion of project 5 6 9 9 0 0 0 . 0 0 ' ' Estimated solid waste converted (pounds) 11 ° Estimated hazardous te~iiverted (potirids}:-' `` ' r , ~ Other benefits ~ta `t=;tt: Z " - ~ ~, ' '~ This section not applicable r, t ':1 k `~ 1 t .. l J~~~ ., : +~ .:, ~ ~. • - a-~:. L'4? .~.~. • "~' ~ r' Ga, ,...1 i~ '4 :~- ~ `;'q pay`" I hereby c 'fy that t representations in this statement are true. Signature of author ~ sentative Tina gne~(m~oynyth, /day, year) Date/~lsl ~ Pert ~s.c ~i,// ~' V Page 1 of 2 r / We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets. the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1; provides for the following limitations: A. The designated area has been limited to a period of time not'to exceed calendar years.' (see below). The date lhis.designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate Improvements ^ Yes ^ No 2. Residentially disVessecf areas ^ Yes ^ tJo 3. Occupancy of a vacant. building ^ Yes ^ No C. The amount of the. deduction applicable is limited to $ O. Other limitations or conditions (specify) E. The deduction is allowed for years` (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title or authorized member of designating body} Telephone number Date signed (month, day, year) Attested by (signature and title of attester) 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 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed Live (S) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. I(the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. Far vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITIOEI FOR REAL PROPERTY TAk ABP+TEiVEhIT CONSIDERATIQN 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 real property tax abatemenfi consideration and pursuant to 1.C., 6-1.1-12.1-1, et se .and South Bend Municipal Code Sec. 2-76 et seg:, for this petition states the following: Describe the proposed redevelopment or rehabilitation project, including information about physica{ improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: The proposed redevelopment, known 'as the "Ontario", is a specula=. tive light industrial building that will house multiple tenants that=perform a wide variety of business functions. The building will be constructed using pre-cast concrete panels and utilize green building techniques such as fluorescent lighting in the warehouse. This is the second speculative building built at Portage Prairie, the first being the Huron. The Huron was built on a speculative basis and currently has approximately 60 people working there on a daily basis. Land Size ~ 2 Acres acres; Building Size ~ 57, 50o sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Due to the fact that this building is being built on a speculati= ve basis we can only estimate what types of businesses will locate in this facility. We are assuming that there will~be a broad mix of businesses including, but not limited to, medical ~; supply companies, data storage facilities, food/general dist;ribu= tion facilities, printing companies, light assembly, etc. In our attempt to accomodate a wide range of users we are designing the building to be as flexible as possible. 3. Estimate the dollar value of the project (excluding land): $ 5 , 0 0 0 , 0 0 0 . o 0 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ 6, 000 Approx. 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned (Rev S/11103) or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name ofthe corporate parent, if any, and the na~ile under wluch the corporation has filed with the Securities and Excha~lge Commission): 1VAME ADDRESS INTEREST (%) Ontario Partners LP 227 S. Main Street 100% Suite 300 South Bend, IN 46601 (U) The followin; other person(s) lease, intend to lease, cr have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); IVAIVIE ~ ADDRESS I~~~(%) Not Applicable at this time 6. .The commonly known address of the Properly is: Not yet established, known as Lot 2 until an address is created 7. The Key Number(s) of said property is: Not yet established, the piece in question is part of a larger tr c of. l1and 8. A lega~ c~escnption of the above address is attached hereto, marked "Exhibit A," and incorporated herein. 9: A map and/or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The redevelopment or rehabilitation project itself will create full-time and part-time permanent jobs within the first year, representing a new annual pa}roll of $ and will maintain existing permanent full-time and existing permanent part-time jobs including existing permanent full-time minority employment of and existing permanent part- time minority employment of with an annual payroll of $ ' Not Applicable at this time 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): Not applicable at this time (Rev $111/U3) 2 13. Provide current employment wage information including; base rate; cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-caN pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements (average hourly rate or range): Not applicable at this time Full-Time Part-Time Laborers $ $ Technical $ $ Managerial $ $ Administrative $ $ 14. Indicate whether your company provides the following benefits (use Y/N): Health Care Benefits Pension Plan Employer Provided Training (recognized or certified training/educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) Employer-Assisted Housing Program (provide an employer-assisted home ownership program) Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) Not applicable at this time 15. ~ -List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes (Rev R/ll/03j (this information may be obtained from the- St. Joseph County Treasurers office 235- 9531) 1fi. Please list the number of full-time and part-time minority employees for each ofi the last three years: Not applicable at this time Year Full Part Full Part Full Part' Black Hispanic Asian Indian __ Other 17. Does your business maintain an affirmative action plan or other simi{ar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: Not applicable at this time 18. Indicate whether or not your project meets any of the following criteria {contact Community & Economic Development Dept. 235-9335 for information on this section): No Conversion to residential use of a commercial "Eligible Building" as designated by the Community & Economic Development Dept. No Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible~for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. No Rehabilitation and reuse of a~ property that is designated a Problem Property by the Community and Economic Development Department. No Pays for the cost of cleaning up a "Brownfield," which is any site, building facility or complex that has been designated a brownfield by the (Rev 8/11/(13) 4 Community and Economic Development Department. Yes Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach. additional sheet if more space is needed): Not applicable at this time 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment fiacility)? Not applicable at this time 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): The project will require the extension of public utilities to the site, and will also require the construction of a drainage facility to support the site as well as the run-of from the Dylan Drive improvements. 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). Not applicable at this time. 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). Not applicable at this time. 24. 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 Property Owners signature at the end of this application is (Rev 8/ll/03) verification of this statement). 25. The Standard Industrial C{assification (S1C) or North American Industry Classification Systems (NAILS) major group within which the proposed project would be classified, by number and description: Not applicable at this time. 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: Not applicable at this time. 27. The current use of the Property is Agriculture and the current zoning is PUD (use) and (height and area). (This information may be obtained from the Building Department 235-9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. While Ontario Partners, L.P. has not received a tax abatement prior to this application, the developer, Holladay Properties has received previous tax abatements for real property development purposes. 29. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. None anticipated for this building. 30. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: (Rev 8/] I;0;1 Name: Paul Phair Address: 227 S. Main Street, Suite 300 City, State, Zlp: South Bend, IN 46601. Telephone: (574) 217-4498 31. Please indicate the name., address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached fo the petition if the real tax abatement is for warehouse or industrial developments. Not applicable at this time. Name: Address: City, State, Zip: Telephone: WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover~processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Waggoner Farm Development, L.P. By: John P~iair (Signed Name) (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) i (Rev S/11;'U_ 1 7 E °._`_.~. d ~ ~,~... te:~~ 12. in the following chart please indicate companies that were used for purchasing materials used in the- construction or rehabilitation associated with the project.. Include the location of the company, description of the materials, and cost of the materials: Local companies include those located in St. Joseph County. Additional information maybe requested far verification of this information. CIfmore space is needed, please photocopy this page) of Name and Address of Company Description of Materials Cost of Materials Grand Total Local Companies (see above): 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Total Local Non-Local. Companies: 1. 2. 3. 4. 5. Total Non-Local GRAND TOTAL (Rev 12/29/06) ~,4AY 1 1 ~QOs Y ^:' . V ~.il !1~ 23. In the following chart please list the companies that will be used for the construction associated with the project. Indicate the name and address of each company; list the dollar amount of the work to be provided by each company; indicate whether ornot 1:00% ofthe workers are employees of that company and not independent contractors; indicate whether or not the company pays workers wages that meet- the wage rates .for each classiftcation of laborers and mechanics published by the U.S. Department of Labor; indicate whether or not the company contributes to a health plan for its employees; indicate whether or not the company contributes to a pension plan for its employees; and indicate whether or notthe company maintains an affirmative action plan or other similar plan to achieve racial diversity. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. (If additional space is needed, please photocopy-this page). 1.00% Workers Pay Maintain are Employees U.S. Dept. Contribute Contribute. Name and Address of Contract (Not Independent Labor Wage to a Health to a Pension Action - Construction Com an Amount Contractors ~ Rate Y1N Plan Y/N Plan Y/N Plan Local Companies (see above): 1. 2, 3. 4. 5. 6. 7. 8. 9. 10. Total Local Non-Local Companies: 1. 2. 3. 4. 5. Total Non-Local Non-Local Companies: GRAND TOTAL Non-Local Companies: Total Project Cost from Petition Difference. (Please explain): 9 (Rev 12/29/06) ~~I~~ g~ ~=~ti'~s'~ ~P~~,~.~ ~r1 AY 1 1 ~, ;y i Exhibit A LEGAL DESCRIPTION: A PART OF THE NORTHWEST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 17. SAID CORNER BEING MARKED BY A HARRISON TYPE MONUMENT; THENCE SOUTH 00 DEGREES l2 MINUTES 46 SECONDS EAST, A DISTANCE OF 910.31 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST, A DISTANCE OF 3$5.46 FEET TO THE WEST RIGHT-OF-WAY LINE OF DYLAN DRIVE AS RECORDED UNDER INSTRUMENT NUMBER 0647966 IN THE OFFICE OF RECORDER OF SA{D COUNTY; THENCE SOUTH 00 DEGREES 15 MINUTES 35 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 919.19 FEET TO THE NORTH LINE OF PORTAGE PRAIRIE MINOR #2 AS RECORDED UNDER INSTRUMENT 0814357 NUMBER; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 38b.22 FEET TO TH~ EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID NORTH LINE OF PORTAGE PRAIRIE MINOR #2, A DISTANCE OF 16b.28 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS EAST AND PARALLEL TO SAID WEST RIGHT-OF-WAY LINE OF DYLAN DRIVE, A DISTANCE OF 919.19 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST, A DISTANCE OF 167.04 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 11.659 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RIGHT-OF-WAY, COVENANTS, AND RESTRICTIONS OF RECORD. (. t _. ~ ~~ ~ t F:\Projects\M8-0799\Minor Plat\LEGAL DESCRIPTION.doc t ~~,... -..(: b' e'.: _' .~ .Cl R. "LU-' 1 +.Y M F~_ , ., The Ontario Dy{an Drive I Soufih Bend, IN 46628 1 al, COQ Sq. Ff. ; Mulfi-~GnSa~ti ~I~x Ruild~:~c; ~o±~l~~ 1.~ fir, i ~6~~~ :r~ t ~ •,~ ~ ~ C' 1 ~ i i t ;, , ~~ ~ ~ : , ~!~ ~ z ~,f. 'a..~ Broadening the progressive - :approach that has become synohymous with the. Portage ' Prairiedevelopment;.the Ontario building is strategically designed to ' incorporate efficiencies that reduce ~- operating costs-lessening the impact on tenonts' bottom line. The Ontario Dylan Drive ~ South Bend, IN 4b628 1 ~ .:~;'.', ~:.q Fi I ':`+t~l'.1-Tc,~r:',. ~~i~, i~:~i'riti~'c Specifications Tota! Size: 157,500 SF Divisible to 21,000 SF Column Spacing: TYPica1 50' x 50'; Dock staging area 50 x 60 Construction: Pre-cast concrete panel Roof: Ballasted EPDM Ceiling Height: 30' clear ceiling height Floor: 6" reinforced concrete Parking: 160 car spaces Drive-In Doors: 2 with additional 2 available Dock Doors: 12 with additional available Lighting: T5 fluorescent Fire Protection: ESFR sprinkler system DSL, T1 and fiber optics Telecom: available; AT&T Smarf Moves Park Power: 2,000 amp service, additional as required Pricing: $4.00 PSF* (plus CAM) Includes: n 1,500 SF office build-out n Warehouse lighting of 30' candles 400 omp electrical service with panel, feeders and disconnect n 4 dock high doors with equipment b 1 grade level overhead door *Based on 52,500 SF spoce ~. :. ~~ H,.*'ii p~,,~. z~ ' ~ ~, t~ 2 x +ti : l.l~ ~-,f.;,.;, ~~ .~ ~,f~~ ~. ~t ` i '~°~~ *" t ..:.r't~S', N J ~` ,. " ~~~~, F ~~. ._ x .~ ~s~`r~~ ~ ,a~#t~'~_IP' ~+ '~_~ - ' ~ `~ -rill --_., ` ~, ,1~801~~ ,1: t r„ ~-», _,_ j t~ L'3.~3° ~° ii.x' ,.. • ~' Features Include: • Flexible building design:to accomrriodate: . »: Distribution DOffice (Call and service centers, 'research and. development) " b Advanced Manufacturing Requirements :. Generous clear height for maximum storage .• . Up to 26 truck docks • Office space built-to-suit.,- • Energy-efficient fluorescent lighting • Trailer parking avaiiabie`to meet tenants' . needs • Notive londscaping to reduce irrigation costs Exhibit C - View West (5/6/09) c ` sY p'~r'Y... T+ d - 4 ! ,y ~. i ,.. ` - ~ .~. ~ -~ ~ >~~ .~ ~_-_.~~.. •`"~ - z ,.b..~~_•~~ sir t _~~~ _ t ~- ., ~ . l ~ ~. 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TIE UMDEIf4plm NOTwr NBUa N •x0 fOR S•N CpM1Y wD SLATE. PEPSdALLY AWFAPED Jwx T. PwxR, PARTNU. AxD AwxOwE0d0 IIIE ME PUaPOSESMMEFRpxCEmROE INSMNwT •s D MCEVNTMY KT ArrD ¢Ep fox ssm. NY CwN54prNCmIRFS~TAIe•E 5[AE s _ r ~ ~ « . K UI Z . ,.N II rc ~ M-n O NorADY aueuc Is + RESUNr d sr. JDSEIN m«n wpw+ e •• AN n DS OTAf ~~n,e I bA / O«KR: er: T I r swM ICw, w NRp sDNM .UNCOMCw,N:Ir.FewITUC. GRAPHIC SCALE ~~ 1'•TOD - ` ~ M8-0799 ~N .eT I I .. rN a ..,,., 1 of 1 CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83..2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 466Q1, as a condition of receiving property tax abatement. Ontario Partners, L.P. Petitioner's Name John T. Phair Agent's Name Acting on Behalf of the Petitioner Paul Phair Contact Person 227 South Main Street, Suite 300 Street Address South Bend, Indiana 46601 City, State, Zip Code (574) 217-4498 Business Telephone Number ~"'"" ~ ? i k r: Sign~re of `~e~tigner ~,R F~ 1 1 ~uu su;~~~ ~ C~" ..»~~~ C ~ CLk.i~~;....~==~-'.. cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office HURON BUILDING INFORMATION Tenant Number of Employees Description of Employees Health Insurance Retirement Plan Training Transportation Assistance Other Benefits Census Tracts Affirmative Action Plan H U CO n B U l ~ d l ng -Currant Occupants 147,000 Square Foot Light Industrial Building AM General 71 68 hourly, 3 salary Yes Yes Yes No Pay-Flex Account; which allows employees to place income into accounts for health or child care pre-tax. Yes, and have a program set up for persons with disabilities and minorities Yes, they are an EEOC Company Bowne 6 6 hourly Yes Yes Yes No Flex-Care Spending Account, which allows employees to place income into accounts for health or child care pre- tax. Yes, they do look at census tracts and take this information into account when hiring. No Contractor Ritschard Brothers Reith Riley Construction Concrete Constructors Precast Concrete Pre-Engineered Steel LeMaster Steel Erectors Henry CAP Tri-Valley Glass Hostetler Door Dan's Painting Kropp Fire Protection Dynamic Mechanical Dynamic Mechanical Martell Electric Huron Building - Construction Contractors 147,000 Square Foot Light Industrial Bui lding Contract Work Contract Amount local vs. Non-local Union vs. Non-Union Health & Retirement Plan Sitework and Site Utilities $ 388,203.00 Local Union Yes AsphaltPaving and Curbs $ 282,025.00 Local Union Yes Concrete Foundations and Slabs $ 641,700.00 Non-Local Union Yes ATMIPrecast $ 682,186.00 Non-Local Non-Union Yes CECO $ 720,000.00 Non-Local Non-Union Yes Steel Erection $ 235,900.00 Local Non-Union Yes Carpentry $ 61,771.00 Local Union Yes Windows and Storefront $ 108,100.00 Local Non-Union Yes Overhead Doors and Equipment $ 34,128.00 Local Non-Union Yes Painting $ 47,997.00 Local Non-Union No Fire Protection $ 161,890.00 Local Union Yes Plumbing $ 56,506.00 Local Union Yes Mechanical Incl. Above Local Union Yes Electrical $ 77,700.00 Local Union Yes Affirmative Action Plan Yes Yes Yes Yes Yes Yes Yes No No No Yes Yes Yes Yes 1200 CouNrr-Crrr Bun.D1NG 227 W. ,JEFFERSON BOULEVARD SOUTH BEND,INDLINA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY $~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR June 16, 2009 ~ , ~~ ~ ~ - ~ ~ - ~ South Bend Common Council Fourth Floor Council Chambers 227 W. Jefferson Boulevard South Bend, IN 46601 Dear Council Members: The attached bill for your consideration and approval will appropriate $955,315 from the Industrial Development Fund, Fund 434, for repayment of the Section 108 Loan for the Studebaker/Oliver Project. As required by Indiana Code 36-7=13-5, the Council may not conduct any business requiring expenditures from Fund 434 without the approval, in t~ a f^ l~ia ant rr ~a ti1efts ~-rc ,fillC C ,..f Be .; ~i r` (' ,,,,,,;~~ /~ wri_lna, o ~ jL___y ,,~ tl.. Lc.., c. ,,c.; h nd Aug so ,~ „C1111111JJIOn Vll Industrial Development. On November 8, 2005 the Advisory Commission on Industrial Development adopted Resolution #3-2005 pledging all CRED revenues for the payment of the Section 108 Loan for the StudebakerlOliver Project. Ann Kolata or I will attend the Council meeting when the ordinance is considered. Contact me at 235-9330 or Ann at 235-9374 if you have any questions. Sincerely, ~L ~. ~ i lizabeth Leonard Director, Financial & Program Management ~~~ 1 72009 ~cttfis voQr~c~ COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574!235-9660 574/235-9371 ELIUBETH LEONARD ~~~ FAX: 574/235-9697 574/235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $955,315.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUND5 WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT STATEMENT OF PURPOSE AND INTENT -This bill will appropriate $955,315 from the Industrial Development Fund, Fund 434, for repayment of the Section 108 Loan for the Studebaker/Oliver Project. Pursuant to Ind. Code Section 36-7-13-5(c ), the Advisory Commission on Industrial Development met on November 8, 2005 and approved Resolution No. 3-2005 pledging all available CRED Revenues for the repayment of the Section 108 Loan for the StudebakerfOliver Project. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. The sum of $955,315.00, plus interest earned thereon, from the tax increment revenues within the Community Revitalization Enhancement District (CRED) is hereby appropriated and set aside within CRED Fund 434 for repayment of the Section 108 Loan for the Studebaker/Oliver Project, as previously approved by the Advisory Commission on Industrial Development as evidenced in its Resolution No. 3-2005. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. Member of the Common Counc $~liiili~ Ci isii~ ~i~i E~ G~9~_i' its ~l'~~~~ an Attest: op~f~!~n~~~~ ~~r ~~~~€~ €~~~n~ and COOP iCl~ ~•1Ot11~1 ~ila 1~~1~e 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 o'clock . m. Mayor, City of South Bend, Indiana ~,~Zt_ -~ 1 s; READ{P!G PU3LIC HEARING rd READfhIG r,IOT APPP.OV~' 2 , at F~1~~ ~~ ~t~l'~~'~ ~ 3f€~~ . SUN 1 7 X009 Yi1;:lY ~~~~~'inm CITY Ci.E?~, S~• ~=;~iD,1N. •F_FERRED PASSEQ, RESOLUTION NO. 3 -2005 RESOLUTION OF THE SOUTH BEND ADVISORY COMMISSION ON INDUSTRIAL DEVELOPMENT PLEDGING INCOME TAX AND GROSS RETAIL INCREMENTAL AMOUNTS RECEIVED FROM THE STATE OF INDIANA WHEREAS, the South Bend Advisory Commission on Industrial Development (the "Commission") exists and operates under Indiana Code 36-7-13, as amended from time to time (the "Act"); and WHEREAS, on June 13, 2002, the Commission adopted Resolution No. 1-2002 (the "Designating Resolution") designating a community revitalization enhancement district within the meaning of the Act, known as the Studebaker/Oliver CRED area (the "District"), approving a plan for the District, and authorizing the establishment of an industrial development fund within the meaning of the Act; and WHEREAS, on September 9, 2002, the Indiana State Budget Agency (the "Agency") notified the City of South Bend, Indiana (the "City") that the Agency approved the designation of the District; and J~Ti-IE~FAC~ pt„r~iYant to the Aet, rl:e D:stIlct may capt'.zre Incremental gTC::~tl::n State income and gross retail taxes ("CRED Revenues") for a period of up to fifteen years from its first allocation of CRED Revenues; and WHEREAS, the City has submitted an application to the Department of Housing and Urban Development ("HUD") for a Section 108 Loan Guarantee (the "Section 108 Loan") in the amount of Eleven Million Nine Hundred Eighty Thousand Dollars ($11,980,000), the proceeds of which are to be used for the acquisition, demolition, remediation and redevelopment of property blighted structures and property located in the area commonly known as the Studebaker/Oliver Project Area in the District (the "Project"); and WHEREAS, HUD has approved the City's application for the Section 108 Loan for the Project; and WHEREAS, the City will issue its notes to evidence the Section 108 Loan pursuant to a Financing Agreement with HUD by which City has agreed to pledge various revenues of the City, including available CRED Revenues of the District, for the payment of the Section 108 Loan; and WHEREAS, in order to provide for the Section 108 Loan for the Project, the Commission ' desires to pledge CRED Revenues to the payment of the Loan; and WHEREAS, the Common Council of the City (the "Common Council") is expected to adopt an ordinance (the "Ordinance") to authorize the issuance of a note of the City to evidence the Section 108 Loan payable from CRED revenues and other revenues available to the City; B DDBO 14218507v I NOW THEREFORE, BE IT RESOLVED by the South Bend Advisory Commission on Industrial Development as follows: Section 1. The Commission hereby confirms, ratifies and approves the Financing Agreement between the City and HUD providing for the pledge of various revenues, including available CRED Revenues for the payment of the Section 108 Loan. Section 2. The Commission hereby pledges available CRED Revenues received by the City from the Agency for the District for the payment of the Section 108 Loan for the Project. The pledge of CRED Revenues shall continue during the period the Section 108 Loan is outstanding or until the District expires in accordance with Act in the event the Section 108 Loan remains outstanding upon such expiration; provided, however, such pledge may be released in the event the City identifies other revenues to pay the amounts required under the Section 108 Loan. Section 3. The foregoing pledge shall continue irr'evocabIy during the period the Section 108 Loan remains outstanding, subject to the provisions of the preceding paragraph. Section 4.. Upon the Common Council's adoption of the Ordinance, this Resolution and the Ordinance shall constitute a written agreement between the Commission and the City to provide for the Project and the financing thereof, pursuant to Indiana Code § 36-7-13-21. Section 5. This Resolution shall be effec±ive upor. its adontinr; ,~z, the ColiilliSSioit. r ~ ADOPTED AND APPROVED at a meeting of the South Bend Advisory Coi~~mission on Industrial Development held on the 8th day of November, 2005. SOUTH BEND ADVISORY COMMISSION ON INDUSTRIAL DEVELOPMENT ATTEST: Secretary B • i ~ ~ ~ Z~ ~_ . Y~ -~- ~ ' lLr%~c. ~: ,. Its: ' ~' ;,r~<f;,.; a~~eoi aziaso~~i _ 2 _ CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR. DEPARTll~IENT OF PUBLIC WORKS June 16, 2009, Mr. Derek Dieter, President South Bend Common Council In Re: Revision to Chapter 17, Article 1, Section 17-4 Dear President Dieter: The attached ordinance is offered for Council consideration. The revision is related to requirements in the City of South Bend's National Pollutant Discharge Elimination System permit. It deals with clear water inputs into the City of South Bend's sewer system. I will make the formal presentations and am available anytime if you have questions. Sincerely, hn J. ' lon ~ct~~ ~B ~~~~~'~ r~~~~~~ ,~UiS 1 7 2009 ,l~i~l~Y ,~+~v~+:~ Department of Public Works Engineering Water Works Central Services Streets Environmental Services Gary A. Gilot, Director Carl P. Littrell, P.E. David Tungaie Matt Chlebowski Sam Hensley John J. Dillon, Ph.D. 574/235-9251 574/235-9251 574/235-9322 574/235-9316 574/235-9244 574/277-8515 ~ Fax 574/ 235-9171 Fax 574/ 235-9171 Fax 574/ 235-5595 Fax 574/ 235-9007 Fax 574/ 235-9272 Fax 574/ 277-8980 ~~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, SECTION 17-4 OF THE SOUTH BEND MUNICIPAL-CODE CONCERNING INFLOW TO THE CITY'S SANITARY SEWER SYSTEM STATEMENT OF PURPOSE AND INTENT The City of South Bend's National Pollution Discharge Elimination System (NPDES) permit requires South Bend to restrict flow of clear liquids into its sanitary sewer system. To clarify and emphasize the restriction of flow into the City sanitary sewer system, it is necessary to amend Chapter 17, Article 1, Section 17-4 of the South Bend Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that Chapter 17, Article 1, Section 17-4 shall be amended to read in its entirety as follows: SECTION I. Chapter 17, Articlel, Section 17-4 of the South Bend Municipal Code shall be amended to read in its entirety as follows: $eC. i7-~. liiv"v/nSYGui~ aiifi ur aiiiS is ue Caitit2Cicu Wiiii Stviiii S2'r~2iS~ 2xi.2trL1V11• (a) After the effective date of this article, no newly constructed gutter, downspout, roof drain, foundation drain or off-street-parking-area drain, or other source of inflow 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 existing prior to the enactment of this section, the same shall be rebuilt, 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. (b) Whenever it is reasonably feasible to do so, all such gutters, downspouts, roof drains, foundation drains and off-street-parking-area drains shall be connected to or designed to flow into the storm sewer system of the City, and within the boundary limits of the downtown urban renewal area shall be so connected, whether newly constructed or previously existing, as soon as the storm sewer system in the area is completed. (c) The provisions of this section shall not apply where a different method of disposing of rainwater is ordered by the City Engineer or the Building Commissioner. (d) Construction of new combined sewers outside of the existing combined sewer area is prohibited. New construction tributary to the combined sewer shall be designed to minimize or delay the admission of unpolluted water into the existing combined sewer. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common C uncil Attest: City Clerk .,. r. t~,r.GM if;i~ ~i/ 6i~tt . ~~~~11:,`+,;F'} E1~ rw'i 3%R~ Y t fit, ,. s•iro :Y4i~~R ~'w"a n55 e1 tau i:~ v t~}~p~~aapi E:.:.oeyn~:.pe~,gL:~ ~tlt~~l~3 (rMYDtI~a Q~ ~iSal IcrOiFa~B 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 at o'clock, .m. 1 st READING v'~~ - ~~ PUELIC HEARING s r;l RE~A.DENG ~~fOT APPROVEt7 REFERRED PA55E1~: day of 2 , Mayor, City of South Bend, Indiana s au~ ~ 7 Zaoo [F ~_~ ,.,{nr5 ~.....