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09-28-09 Common Council Meeting Agenda & Packet
REVISED AGENDA SOUTH BEND COMMON COUNCIL MONDAY, SEPTEMBER 28, 2009 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: (BILLS 60-09, 61-09 AND 62-09 COUNCIL PORTION ONLY) 60-09 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010 61-09 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2010, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 62-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 63-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE 9822-08 CONCERNING TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2010 64-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2010 65-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2010 66-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2010 67-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE SOUTH BEND COMMON COUNCIL FOR CALENDAR YEAR 2010 71-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2010 70-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2010 72-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (3) OF THE SOUTH BEND MUNICIPAL CODE BY ADDING ADDITIONAL POWERS AND DUTIES FOR THE COUNCIL'S COMMUNITY RELATIONS COMMITTEE 73-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $360,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHIN FUND 209 FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES WITHIN THE CITY OF SOUTH BEND 75-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2009 INCLUDING $1,265,000 FROM LOCAL ROAD AND STREETS FUND (#251) AND $300,000 FROM THE MOTOR VEHICLE HIGHWAY FUND (#202) 76-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653}, TRANSFERRING TO FUND #653 THE TOTAL SUM OF $4,541,322 FROM VARIOUS FUNDS, APPROPRIATING THE SUM OF $4,541,322 WITHIN FUND #653 FOR SEWAGE WORKS BOND DEBT SERVICE RESERVE OBLIGATION, AND CLOSING FUND #650 8. BILLS, THIRD READING BILL NO. TIME: 60-09 THIRD READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010 61-09 THIRD READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2010, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 62-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 63-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE 9822-08 CONCERNING TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2010 64-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2010 65-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2010 66-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2010 67-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE SOUTH BEND COMMON COUNCIL FOR CALENDAR YEAR 2010 71-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2010 70-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2010 72-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (3) OF THE SOUTH BEND MUNICIPAL CODE BY ADDING ADDITIONAL POWERS AND DUTIES FOR THE COUNCIL'S COMMUNITY RELATIONS COMMITTEE 73-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $360,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHIN FUND 209 FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES WITHIN THE CITY OF SOUTH BEND 75-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE. CITY OF SOUTH BEND, TNDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2009 INCLUDING $1,265,000 FROM LOCAL ROAD AND STREETS FUND (#251) AND $300,000 FROM THE MOTOR VEHICLE HIGHWAY FUND (#202) 76-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653), TRANSFERRING TO FUND #653 THE TOTAL SUM OF $4,541,322 FROM VARIOUS FUNDS, APPROPRIATING THE SUM OF $4,541,322 WITHIN FUND #653 FOR SEWAGE WORKS BOND DEBT SERVICE RESERVE OBLIGATION, AND CLOSING FUND #650 9. RESOLUTIONS BILL NO. 09-61 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 1434 GARLAND CIRCLE, SOUTH BEND, INDIANA 09-63 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4701 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. 09-64 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 1400 WEST RIVERSIDE DRIVE A ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC 09-65 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 A VACANT LOT BETWEEN 1016 AND 1032 WEST WASHINGTON STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION, INCORPORATED 10. BILLS, FIRST READING BILL NO. 77-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1,148,607 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED, SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, AUGUST 19, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 78-09 FIRST READING ON A BILL SUPPLEMENTING AND AMENDING ORDINANCE NO. 9722-06 WHICH AUTHORIZED THE ISSUANCE AND SALE OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT), ISSUED ON JANUARY 30, 2007 IN THE PRINCIPAL AMOUNT OF $8,105,000 (THE "BONDS"), APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, AN AMENDED AND RESTATED TRUST INDENTURE, AN AMENDED AND RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS; AUTHORIZING THE DELIVERY OF A CONFIRMING LETTER OF CREDIT AND THE EXTENSION OF THE MATURITY DATE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 79-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PROVISIONS OF CHAPTER 14, ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING REGULATIONS FOR LIMITED PARKING WHERE A FEE IS CHARGED ON NON-RESIDENTIAL AREAS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: ORDINANCE NO. AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CNIL, CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010 STATEMENT OF PURPOSE AND INTENT: It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation far the purpose of raising revenue to meet the necessary expenses for 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL, OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2009 to be collected in the year 2010 the following: For CORPORATION GENERAL FUND, the sum of $2.8000 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $0.5200 on each one hundred dollars of Taxable Property. For FIIZEFIGHTERS' PENSION FUND, the sum of $0.0000 on each one hundred dollars of Taxable Property. For POLICEMEN'S PENSION FUND, the sum of $0.0000 on each one hundred dollars of Taxable Property. For CUMULATNE CAPITAL DEVELOPMENT FUND, the sum of $0.080 on each one hundred dollars of Taxable Property. Total Civil City Rate $3.400 For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the suin of $0.0900 on each one hundred dollars of Taxable Property. 'Total Redevelopment Rate $0.0900 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 Council ~~ Attest: O~ ~`4~5 ~J~~ ~~ Oil{~''~ ~~>,~i~ui~~~~~ i~r ~~~~6~ heae~~g t ~6 ~ ~n the tss~~~ City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock _. m. Deputy City Clerk Approved and signed by me on the at o'clock .m. day of 2 , Mayor, City of South Bend, Indiana 1 st R~ARtNG ° ~-~ ~ 4 PUBL{C HEARING 3rd READING !OT APPRQV~ .EFERREC~ PASSED ,... ~~~~~ I~ ~1~~~'~ ~i'~t~® AUG2~20~ 1qV t~JGCt€{1 L`u~E+[L'~ c n~ CI1 i irL6rl ry ~~• Ii'^•t 4I1 {I~.. CITY OF SOUTH BEND STEPHEN J. LUECxE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER August 24, 2009 Derek Dieter, President South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 RE: An Ordinance Levying Taxes and Fixing Rate of Taxation to Meet City Expenses for 2010 Dear PIesident Dieter: Attached is a substitute veI-sion of Bill No. 60-09 fixing the City's tax rate for the fiscal year ending December 31, 2010. The substitute version was required due to some arithmetic errors in the Bill as originally submitted. Again, I will present this substitute version of Bil] No. 60-09 at the Common Council's appropriate Personal and Finance Committee meeting and at the public hearing. Thank yo for your consideration. Sincere ,.fw Gregg '2ientara City Con roper ~iE~~ c ~z `i,p s.9 :.A %a`lf~C~~ I.`s ~~ ~~ ; 1 ~ '2609 dt}Fi'tr `~t"f0i3i3r COUNTY-CITY BUILDING 227 ~~ JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 O~~ PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 -~`~ L CITY OF SOUTH BEND STEPHEN J. LuECxE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER August 19, 2009 ~ ~ ~ ~ ~ - ~O ~ - C7 Derek Dieter, President South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 RE: An Ordinance Appropriating Monies to Defray Departmental Expenses in Fiscal Year 2010 Dear President Dieter: Attached for filing with the South Bend Common Council is an ordinance appropriating monies from the General Fund ill order to defray expenses of various City Departments in fiscal year 2010, January 1, 2010 through December 31, 2010. This ordinance is being filed contemporaneously with an ordinance appropriating monies in various City Enterprise Funds. Like that ordinance, this one does not include specific dollar amounts because our office is still making calculations. A substitute ordinance will be filing containing specific dollar amounts. 1 will present this ordinance at the Common Council's appropriate Personal and Finance Committee meeting and at the public hearing. Thank you for your consideration. Sincere Gregg D. r tara City Cont lle ~`~€'~f` Ali ~t~l~u'~ ~~~~~~ a~~~ ~ g Zocg ~. -~~.- ___..-....~.u.~ ~5i i'Ei~'4 ~l~~f'i'j~iin ~iTY LL~eiit, .::~. s,~= ~, f a. COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND ENDING DECEMBER 31, 2010,1NCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT - STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several departments of the Civil City of South Bend, Indiana for 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of the Civil City Government, its various departments, funds, commissions, and institutions for the fiscal year ending December 31, 2010, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the funds hereinafter named, and for the purposes hereinafter specified,,subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION II. For the fiscal year ending December 31, 2010, there is hereby appropriated out of the General Fund and from Funds other than the General Fund, of said City to wit: Park and Recreation Fund Park Recreation Non-Reverting Fund East Race Waterway Motor Vehicle Highway Fund Community and Economic Development Fund Human Rights -Federal Fund Local Roads and Streets Fund Liability Insurance & Premium Reserve Fund Self-Funded Employee Benefit Fund Central Services Fund Redevelopment Bond Fund (College Football Hall of Fame) Professional Sports Development Fund County Option Income Tax Fund Cumulative Capital Development Fund Cumulative Capital Improvement Fund County Economic Development Income Tax Fund E.M.S. Capital Improvement Fund River Rescue Fund Hazmat Fund Morris Performing Arts Center Capital Coveleski Stadium Capital Park Department Non-Reverting Capital Fund Fire Pension Fund Police Pension Fund SECTION III. 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 Council +~~nit3~ taf ~fi~ ~P~;tt~atil~ ~~rdfs! is ~r~,p~ t~ ~`~c~3f~~ ~r'i au~,~~ ~~~sin Attest: ~F ~~ ~~ ~~ F~u~ ~ ~ City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock _. m. Approved and signed by me on the 2 , at o'clock .m. 1 st REA4li~!G b `Z- \``~ PUELIC NEA.!:t`~!G 3 rd READWG NOT APPP.OY,~ REFEP.ttED PASSED Deputy City Clerk day of Mayor, City of South Bend, Indiana ~t~~t~ EIS ~~~~ ~4' ~ ~, i ~~~G AUG i 9 2009 JC€~E3 V~s~~i1~ CITY CLEa~;, S0. fi"END, !?t. CITY OF SOUTH BEND STEPHEN J. LUECI{E, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER Au ust 19, 2009 ~ ` 1 \ ~ ~ `~~ -~.,._s________ g --- Derek Dieter, President South Bend Common Council 4`~' Floor County-City Building South Bend, IN 46601 RE: An Ordinance Appropriating Monies for City Enterprise Funds in Fiscal Year 2010 Dear President Dieter: Attached for filing with the South Bend Common Council is an ordinance appropriating monies to defray expenses for the City of South Bend's various Enterprise Funds in fiscal year 2010, January 1, 2010 through December 31, 2010. Please note that as filed, this ordinance does not contain specific dollar amounts. A substitute ordinance will be filed later containing actual dollars for the designated funds. 1 will present this ordinance at the Common Council's appropriate Personal and Finance Committee meeting and at the public hearing. Thank you for your consideration. Sincer 1 , Gregg " ie~Itara City Co r ]ler --- ~_. ~'~t~~$ ~€1 t~"'~~l`~'~ ~~~ri~ t ~ 26 r ~ tt LQ~'~ ~1_.s~ J v ~r~~~;'yr~ ie~.r;F_._..__.. o Js: '' COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9216 Fax 574/235-9928 TDD 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2010. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana, its various departments, funds, commissions and institutions for the fiscal year ending December 31, 2010, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the funds hereinafter named in Section II, and for the purposes hereinafter specified in Section II, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2010, the above appropriations are made within the following funds of the City: Consolidated Building Fund Parking Garage Fund Solid Waste Fund Solid Waste Depreciation Fund Water Works General Operations Fund Water Works Sinking Fund Water Repair Insurance Fund Sewage Repair Fund/Insurance Fund Sewage Works General Operations Fund Sewage Works Depreciation Fund Sewage Works Sinking Fund Project Releaf Fund Century Center Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common- Council and approval by the Mayor. Attest: City Clerk ~~~~ ~ ~ Member of the Common Counc~7~ ~~Sa~ ~f ~~~ b3!4 i~ ~~ly t~ ~~~~~~ ~~ 4~~,~€~~~~ ~~4 ~tt~~~ ~:v~f~~~ ~~ ~i~~, ~-: Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock _. m. Deputy City Clerk Approved and signed by me on the day of 2 , at o `clock .m. Mayor, City of South Bend, Indiana 1st READING ~~~'`~~ PUBLIC FlEARIhIG 3 rd READING NOT APFROyEi: REFERPE~ P~ A AAVtY ~;t#^~f'a Fib ~+~~~'~.'~ &; 4~zd~~b~` P.UG 1 9 2009 ~..~.a...,...._--- 3~,,.gt~t ~iv~15i~i~ CITY OF SOUTH BEND STEPHEN J. LUECI~, NL4YOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER August 19, 2009 Derek Dieter, President South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 RE: An Ordinance Amending Ordinance #9822-08 Concerning Teamster Employees for Calendar Year 2010 Dear President Dieter: Attached for filing with the South Bend Common Council is an ordinance amending Ordinance #9822-08 concerning Teamster employees. This ordinance amends Ordinance #9822-08 by deleting the flexible spending account, by adding retirement incentives, and by defining full and part time employees. The Council's approval of this ordinance is requested. I will present this Ordinance to the Common Council at its appropriate Committee meeting and at the public hearing. If you have any further questions, please let me know. Thank you. Since el , Gregg ritara City Co tr ti ]ler ~'E fir'-''°fi'a ~$o ~.c'Ft"ri r~7~ 4~t5:w~s~ ~^~--e.....--.- ~;t.. ~' 2009 }c ~/ r~ ~ COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 9822-08 CONCERNING TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2010 STATEMENT OF PURPOSE AND INTENT This ordinance also amends certain provisions of Ordinance #9822-08 which concerns the terms of Teamster employment, specifically by deleting the flexible spending account benefit, by providing a PERF retirement incentive and by defining more specifically full and part time employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation (a) The maximum amounts to be paid as compensation for Teamster employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, wages are set and paid on a Bi-Weekly basis. Amounts by department and alphabetical position are set forth as well as the hourly wage for each position. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. (a) Holidays. Holidays designated by the Collective Bargaining Agreement shall govern Teamster employees for the calendar year 2008 - 2010. (b) Vacations. Vacation for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. (c) Insurance. (1) Comprehensive Maior Medical Insurance Program/Preferred Provider Organization (PPO1. The City shall maintain a comprehensive major medical insurance program that all Teamster employees may participate in. ~2 Short and Long Term ®isability. Short and Long Term Disability shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein bjr reference. ~3 Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty dollars ($130) per month to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollars ($130) payment per month thereafter. ~4 Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($15,000) for each Teamster employee. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. 5~ Benefit'JVaiting Period. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty (60) day eligibility period; and that the long-term disability program requires a minimum of a ninety (90) day eligibility period which Teamster employees must meet. (d) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time and the Collective Bargaining Agreement. If there is a conflict between Policy and the Bargaining Agreement, the Bargaining Agreement shall prevail. ~P) Early Retirement Incentives The Mayor shall have discretion to offer an early retirement incentive proaram that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eliaible Such assistance shall not exceed one (11 year Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I C 5-10 2-3-1 2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions The Mayor shall have discretion to offer such early retirement incentive proaram pursuant to statute after consultation with the Controller and after appropriation by the Common Council. fl Definition of Full-Time Employee Full-time emglovees are those emglovees who are no in a part time status and who are reaularl scheduled to work the City of South Bend's fu11-time scheduled. forty (401 hours per week or a reduced full-time schedule of thirty-two (321 hours or more per week as approved by the Mayor on a voluntary basis. Such emglovees are eliaibl_e for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit grogram. (al Definition of Part-Time Employee. Part-time emglovees are those emglovees who are not assigned to a full-time status and who are scheduled to work less than the Citv of South Bend's full-time schedule, not to exceed one thousand forty (10401 hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefitsl they are not eligible for other Citv benefit ~groarams. Section III. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. ,( ~ jj Member of the Common Council % ' Attest: S~;£j~~~ rf a~9~~ ~i`i ~ s G"t~~' ~~~,,~ }~fC~t~':t~~,,~~~h~, ~~Ijl ~.iy'~d3F.f.4lti.s~' iry~ ~~v€s~v tt`.~S~iIi1~ Czf~Ci City Clerk ~,~; ~~ ~~ ~~, ~S~~a 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 2009, at o 'clock .m. 1 st RIAD{IVG ~'~~'~~ PU13L1C FiEAR{I~tG 3 rd READING .NOT APPROVE Bend, Indiana REFERRED. PASSE ~~i`•~LE ELI ~~'°~~~~~ ~~`~al~~ AUG T 9 2Q09 CITY OF SOUTH BEND STEPHEN J. LIIECI{E, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER August 19, 2009 ~ ~ ` ~ ~ ~ ~~ _ V -- - - 1--- - ..~_......~. _ / Derek Dieter, President South Bend Common Council 4"' Floor County-City Building South- Bend, 1N 46601 RE: 2010 Salary Ordinance for Appointed Officers and Non-Bargaining Employees of the City of South Bend Dear President Dieter: Attached is the ordinance fixing maximum salaries and wages of appointed officers and non- bargaining employees of the City of South Bend, Indiana for the calendar year 2010. This ordinance includes the wage rates as well as an explanation of benefits provided to the designated employees. Please note that the ordinance eliminates the flexible spending account benefit that City employees have enjoyed for many years. It also eliminates performance incentive pay and adds an additional early retirement incentive under Section II (h) consisting of discretionary purchase of PERF benefits for a retiring employee. Thank you for your consideration. I will present this Ordinance to the Council at its appropriately scheduled Personnel & Finance Committee meeting and public hearing along with any additional pertinent information. if you have any further questions, please let me know. t ba. ~l~~''>~`~c ~l'1 ~~~i sFa~~ i:,a~~~l~~ Al;G1~~~~09 ~..^_.:__..tt_._ ._ _~.~.___~._ ti!f4:ii tia ~~u:FGt:: c~G, E'~'.'d=' i'a ti'l`t {,l•`:r,, ' ~ ' . COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2010 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid to non-bargaining personnel employed by the City of South Bend for the calendar year 2010. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid may be less than the maximum amounts set forth herein. This Ordinance establishes such compensation for approximately all non-bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation (a) The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi-Weekly basis. Amounts by alphabetical position are set forth as well as the annual salary for each position. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. (a) Holidays. Holidays designated by the Board of Public Works shall govern non-bargaining employees for the calendar year 2010. The provisions of the City's Personnel Policies and Procedures Manual as it may be amended from time to time shall apply and are incorporated herein by reference. (b) Vacations. Vacation for non-bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. (c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comprehensive Major Medical Insurance ProgramlPreferred Provider Organization (PPO). The City shall maintain a comprehensive major medical insurance program that all non bargaining employees may participate in under the rules and guidelines of the plan document. All employees receive a copy of a plan document each year. (2) Short and Long Term Disability. Short and Long Term Disability shall be as set forth in the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (3) Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty dollars ($130) per month ($65 biweekly) to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may' return to the City's comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollars ($130) payment per month thereafter. (4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($15,000) for each employee except for Police and Fire which are as set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical insurance, and short term disability programs require a minimum of sixty (60) day eligibility period; and that the long-term disability program requires a minimum of a ninety (90) day eligibility period which must be met. (e) Hiring Bonus. The Mayor, may, at his/her discretion, offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred ($100) to four thousand ($4,000). (f) Police Communication Employees. Employees working in the communications area of the Police Department will be paid stand-by beeper pay as follows: one hour of straight time pay will be paid to one employee to cover each shift each day for the one hour immediately preceding the shift change. (g) Allowances 1. Auto Allowance. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one ($1) to five hundred ($500) dollars per month. 2. Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one-hundred ($100) per month. (h) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain. conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. (i) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time. (j) Definition of Full-Time Employee. Full-time employees are those employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full-time scheduled, forty (40) hours per week, or a reduced full-time schedule of thirty-two (32) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. (k) Definition of Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status and who are scheduled to work less than the City of South Bend's fu11-time schedule, not to exceed one thousand forty (1040) hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits), they are not eligible for other City benefit programs with the exception of the positions listed below: CED Project Coordinator Chief City Assistant Attorney City Attorney Deputy City Attorney III Deputy. City Attorney IV Senior Citizen Leader (with benefits) Common Council Members The above positions are eligible for particjpation in all of the Employer's Benefit Programs. (I) Policies and Procedures. Two (2) copies of the City's Personnel policies and Procedures Manual and the Family and Medical Leave Act Policy-shall be kept on fife and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County- City Building, South Bend, Indiana. Section III. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Member of the Common Council Attest: L~~~~ ~'€~ ~?Ey ~';~ E ~ t~~ ~~ ~F~~'i€~~ c'HTi City Clerk ~'~~~ ~il'v`FI ~~'~!~ i~S~tl~. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at Approved and signed by me on the o `clock .m. st READING ~- ~'~ ~~ ~UBi_!C NEAR{NG 3 rd READING •ICST APPROVED EFERRED ~eccFn o'clock . m. Deputy City Clerk ~~~~ (i'f ~~~I'e~'~ -~€ir A(.f G 1 ~ 20Q9 Vllii. C!.Er~;, s ~, e E't~~J, ft~. day 2009, at ,City of South Bend, Indiana City of South Bend, Indiana 2010 Salary Ordinance Setting Maximum Salary Job Job Title d 2 C tatus 007 2008 Salary Salary Date of Document 2009 2010 Salary Salary 2.0 % 08118/2009 2010 BI-vJeekly %° Amount (3) 010 increase e ( ) o Fuil-Time Positions Full-Time ' 035 29 30,120 30,722 31,337 1,205 2.00% NENB-B-3 Academic Coordinator-CB Center Full-Time , 242 33 34,239 34,924 35,623 1,370 2.00% NENB-B-3 Academic Coordinator-MLK Center Fuil-Time , 35,438 36,501 37,231 37,976 1,461 2.00° '.NENB-C-2 Accounting Assistant Full-Time 27,598 28,426 28,994 29,574 1,137 2.00 NENB-C-1 Accounting Clerk IV Full-Time 39,247 40,424 41,233 42,058 1,618 2.00% NENB-A-S Accounts Payable Supervisor Full-Time (4) 29,032 29,903 30,501 31,111 1,197 2.00 NENB-D-4 Accounts Payable Technician Full-Time 32,903 33,890 34,568 35,259 1,356 2.00° NENB-C-1 Administrative Assistant I Full-Time NEW 34,903 35,601 36,313 1,397 2.00% NENB-C-1 Administrative Assistant II Fuil-Time 28,574 29,431 30,020 30,620 1,178 2.00% ENB-B-1 Animal Control Assistant Full-Time 28,784 29,648 30,240 30,845 1,186 2.00° ENB-B-1 Animal Control Officer Full-Time 31,806 32,760 33,415 34,084 1,311 2.00% ENB-B-1 Animal Control Officer-Senior Full-Time 107 28 28,950 29,529 30,120 1,158 2.00% ENB-A-3 Assistant Box Office Manager I Full-Time , 421 31 32,364 33,011 33,671 1,295 2.00° ENB-A-3 Assistant Box Office Manager II FuII-Time , 62,656 64,536 65,826 67,143 2,582 2.00 ENB-B-1 Assistant City Attorney Full-Time 64 000 65,920 67,238 68,583 2,638 2.00% ENB-A-3 Assistant City Engineer , ENB-A-3 Assistant Controller (title eliminated)-insert title "Director-City l 500 65 465 67 65 000 66,300 2,550 2.00° ENB-A-3 Finance" Assistant Director AdministrativeServ Ful -Time Full-Time , 45,865 , 47,241 , 48,186 43 318 49,149 44 185 1,890 699 1 2.00% 2.00° ENB-A-3 Assistant Director Communication Cntr Full-Time i l 41,232 600 42 42,469 878 43 , 44 756 , 45,651 , ~ 1,756 2.00° ENB-A-3 Assistant Director of Distribution me Ful -T Full-Time , 360 42 , 43,631 , 44,503 45,393 1,746 2.00 ENB-A-3 Assistant Director of Treatment Full-Time , 250 42 43,518 44,388 45,276 1,741 2.00° ENB-A-3 Assistant Director-Administration & Marketing Full-Time , 40 000 41 200 42,024 42,864 1,649 2.00% ENB-A-3 Assistant Director-Booking & Event Operation Full-Time , 907 51 , 53,464 54,533 55,624 2,139 2.00 ENB-A-3 Assistant Director-CED Fuil-Time , 47 000 48,410 49,378 50,366 1,937 2.00° ENB-A-3 Assistant Director-Human Resources Full-Time , 000 41 42,230 43,075 43,936 1,690 2.00° ENB-A-3 Assistant Director-MPAC Financial Reporting Full-Time , 863 46 48,269 49,234 50,219 1,931 2.00° ENB-A-3 Assistant Director-Recreation Full-Time , 12,000 12,360 12,607 12,859 495 2.00% ENB-B-1 Assistant Golf Manager nt Facility Operations Manager (New) i t A Fuli-Time - - 31,000 31,620 1,216 2.00% 2 0° ENB-A-1 a ss s Assistant To The Mayor Full-Time i 59,850 865 47 61,646 49 301 62,878 50 287 64,136 51,293 2,467 1,973 .0 2.00% ENB-B-1 Assistant Zoning Administrator Full-T me Full-Time , 36,899 , 38,006 , 38,766 39,541 1,521 2.00% ENB-A-5 Athletic Supervisor Futl-Time 34,605 35,643 36,356 37,083 1,426 2.00% EN8-A-4 Box Office Manager Full-Time 71,182 73,317 74,784 76,279 2,934 2.00 ENB-A-1 Building Commisioner Full-Time 515 39 40,700 41,514 42,345 1,629 2.00% ENB-B-3 BuildinglnspectorVl Full-Time , 33 879 34,895 35,593 36,305 1,396 2.00% ENB-B-3 CED Specialist it Full-Time , 881 35 36,957 37,697 38,451 1,479 2.00°~ EN8-B-3 CED Specialist III Fuli-Time , 45,532 46,898 47,836 48,793 1,877 2.00% ENB-B-3 CED SpecialistVl Full-Time 49,212 50,688 51,702 52,736 2,028 2.00 ENB-B-3 CED Specialist-Senior Full-Time 36,899 38,006 38,766 39,541 1,521 2.00% ENB-A-S Center Supervisor Full-Time 41,036 42,267 43,112 43,975 1,691 2.00° ENB-B-1 Chemist Full-Time 079 41 42,311 43,158 44,021 1,693 2.00% ENB-B-1 ChemisUSafetyOfficer Ful{-Time , 989 41 43,249 44,114 44,996 1,731 2.00 ENB-A-4 Chief Deputy City Clerk Full-Time , 41,454 42,698 43,552 44,423 1,709 2.00° ENB-B-1 Chief Inspector Full-Time 27,676 28,506 29,076 29,658 1,141 2.00 NENB-C-1 City Clerk Secretary Fuil-Time 78,599 80,957 82,576 84,228 3,240 2.00° ENB-A-1 City Controller Full-Time 68,000 72,000 73,440 74,909 2,881 2.00% ENB-A-1 City Engineer Full-Time 246 24 24,975 25,475 25,984 999 2.00°I NENB-F-1 Clerk Terminal Operator Full-Time , 41,601 42,849 43,706 44,580 1,715 2.00% ENB-B-1 Club Pro Municipal Golf Course Fuil-Time 33,860 34,876 35,573 36,285 1,396 2.00% ENB-B-3 CodelnspectorlV Full-Time 271 29 30,149 30,752 31,367 1,206 2.00% NENB-B-3 Collection Specialist Full-Time , 37,610 38,738 39,513 40,303 1,550 2.00 ENB-A-S Communication I Supervisor Full-Time 36,110 39,253 40,038 40,839 1,571 2.00° EN8-A-5 Communication II Supervisor Full-Time New 28,000 28,560 29,131 1,120 2.00% EN8-A-5 Communication Specialist I Full-Time 492 30 31,407 32,035 32,676 1,257 2.00 NENB-B-3 Communication Specialist II Full-Time , 642 30 31,561 32,192 32,836 1,263 2.00% NENB-B-3 Communication Specialist III Full-Time , 28,925 29,793 30,389 30,996 1,192 2.00° NENB-F-1 Court Liaison Full-Time 31,668 32,616 33,270 33,936 1,305 2.00°! NENB-F-1 Crime Analyst Full-Time NEW 48,960 49,939 50,938 1,959 2.00 NENB-F-1 Crime Laboratory Supervisor Full-Time 184 50 51,690 52,723 53,778 2,068 2.00 ENB-A-4 CSO Operations Manager Full-Time , 264 35 36,322 37,048 37,789 1,453 2.00% NENB-8-3 Customer Service Coordinator Fult-Time , 438 40 41,651 42,484 43,334 1,667 2.00% ENB-A-4 Customer Service Manager Full-Time , 610 37 38,738 39,513 40,303 1,550 2.00% ENB-A-5 Customer Service Supervisor Futl-Time , 347 26 27,137 27,680 28,234 1,086 2.00° NENB-F-1 Data EntrylAlarms Coordinator Full-Time , 763 29 30,656 31,269 31,894 1,227 2.00% NENB-F-1 Data Entry Records Coordinator Full-Time , 855 25 26,631 27,163 27,707 1,066 2.00 NENB-F-1 Data Entry Specialist II Full-Time , 610 37 38,738 39,513 40,303 1,550 2.00 ENB-A-5 Data-Processing Supervisor Full-Time , 521 39 40,707 41,521 42,351 1,629 2.00 ENB-B-2 Departmental System Specialist Full-Time , 967 35 37,046 37,787 38,543 1,482 2.00° NENB-C-1 ENB-A-2 Deputy City-Clerk Deputy Director-Waterworks Full-Time , 55,000 56,650 Eliminated `: 2 00%'~ NENB-B-3 Design/ Plan Review Specialist Full-Time i 50,466 NEW 51,980 174 53 53,020 54 237 54,080 322 55 2,080 2,128 . 2.00% ENB-A-2 Director of Development Full-T me FuII-Time 448 53 , 55,051 , 56,152 , 57,276 2,203 2.00°7 ENB-A-2 ENB-A-3 DirectarofDistributions Director of Finance (Park Administration) Fuil-Time , 50,474 53,174 54,237 55,322 2,128 2.00 ENB-A-2 Director of Finance (Water Utility) Full-Time 54,060 55,662 56,795 57,931 240 63 2,228 432 2 2.00% 00% 2 ENB-A-3 Director of Finance (Public Works) (NEW) Fult-Time New 62,000 53 029 , 54 090 , 080 2 . 2.00 ENB-A-2 Director of Financial Services Full-Time F II Ti 50,475 46 194 51,989 47 580 , 48 531 , 49,502 , 1,904 2.00° ENB-A-2 Director of Marketing 8: Promotions u - me Full-Time , (4) New , 40,000 , 40,800 41,616 1,601 2.00% ENB-A-4 Director Records Bureau Futl-Time 63,636 65,545 66,856 68,193 2,623 2.00 ENB-A-1 Director of Streets Full-Time 280 50 51,788 52,824 53,861 2,072 2.00% ENB-A-2 Director of Treatment Full-Time , 099 69 71,172 72,595 74,047 2,848 2.00 ENB-A-1 Director Parks 8 Recreation Full-Time , 75,713 77,984 79,544 81,135 3.121 2.00% ENB-A-1 Director Public Works Page ] a/ 3 30]°5°I°ry Ordin°na poiifl"n comp 1.x11 Date of Document 08!18/2009 City of South Bend, Indiana 2010 Salary Ordinance Setting Maximum Salary 2007 2008 2009 2010 2010 2010 Salary Salary Salary Salary Bi-Weekly % Increase Job Gode (2) Job Tkle Status 2.0 % Amount (3) ° ENB-A-2 Director-Administrative Services Full-Time 46,846 53,695 54,769 55,864 864 2,149 2 149 2.00 2 00 ENB-A-2 Director-Administrative Services-Parks Full-Time 52,131 53,695 4 409 54,769 697 65 55, 011 67 , 2 577 . 2.00 % ENB-A-1 Director-Central Services Full-Time Full-Time 62,533 332 63 , 6 65,232 , 66,537 , 67,867 , 2,610 2.00° ENB-A-1 Director-Code Enforcement Full-Time , 703 50 52 224 53,269 54,334 2,090 2.00 ENB-A-2 Director-Communication Cntr Full-Time , 47 881 , 317 49 50,304 51,310 1,973 2.00% ENB-A-2 ENB-A-2 Director-Communications & Radio Director-Communications & Special Projects Full-Time , 53,360 , 54,961 56,060 57,181 2,199 2.00 ° ENB-A-1 Director-Community Development Full-Time 62,533 64,409 65,697 67,011 2,577 2.00 ENB-A-1 Director-Economic Development Full-Time 62,533 64,409 65,697 67,011 2,577 2.00% ENB-A-2 Director-Financial & Program Management Full-Time 57,306 59,025 60,206 61,410 2,362 2.00% ENB-A-2 Director-Golf Operations Full-Time 52,131 53,695 54,769 55,864 2,149 2.00% ° ENB-A-2 Director-Human Resources Full-Time 57,773 59,506 60,696 61,910 2,381 2.00 ° ENB-A-2 Director-Human Rights Fufl-Time 49,632 51,121 52,143 53,186 2,046 2.00 ENB-A-1 Director-lnfonnationTechnology Full-Time 62,533 64,409 :65,697 67,011 2,577 2.OD% ENB-A-2 Director-Planning Full-Time Full-Time 54,113 374 57 55,736 59,095 Eliminated 60,277 61,483 2,365 2.00% ENB-A-2 ENB-A-2 Director-Recreation Director-Secretariat Services Full-Time , 43,986 45,306 46,212 47,136 1,613 2.00% ° ENB-A-2 Director-Wastewater Full-Time 59,000 63,500 64,770 66,065 2,541 2.00 ENB-A-2 Director-WasteWaterMaintenance Full-Time 54,773 56,416 57,545 58,695 2,258 2.00% ENB-A-1 Director-Waterworks Full-Time 62,533 64,409 65,697 67,011 2,577 2.00% ENB-A-2 Director-Zoo Full-Time 52,092 53,655 54,728 55,822 2,147 2.00% NENB-C-1 Distribution Records Drafter Full-Time 34,322 35,352 36,059 36,780 1,415 2.00% ENB-A-1 Division Director of Environmental Services Full-Time 64,846 67,500 68,850 70,227 2,701 2.00% ENB-B-2 Engineer Aide IV Full-Time 34,322 35,352 36,059 36,780 1,415 2.00% ENB-B-2 Engineer II Full-Time 60,075 61,877 63,115 64,377 2,476 2.00% ENB-B-2 Engineer Inspector Full-Time 35,264 36,322 37,048 37,789 1,453 2.00 ° ENB-B-2 Event Service Technician I Full-Time New 23,500 23,970 24,449 940 2.00 ENB-B-2 Event Service Technician 11 Full-Time New 26,750 27,285 27,831 1,070 2.00% NENB-F-1 Evidence Technician Full-Time 31,679 32,629 33,282 33,948 1,306 .2.00% ENB-A-1 Executive Director-CED Futl-Time 84,864 87,410 89,158 90,941 3,498 2.00% ° ENB-A-1 Executive Director-Morris-PAC Full-Time 68,842 70,907 72,325 73,772 2,837 2.00 !° ENB-A-4 Facility Engineer (delete current the insert title "Facility Operations ° Manager") Full-Time 41,764 43,017 43,877 44,755 1,721. 2.00 ° NENB-F-1 Film Processor Full-Time 30,698 31,619 32,251 32,896 1,265 2.00 ENB-A-2 Finance Officer (Department of Finance only) Full-Time 50,475. 51,989 ` Eliminated NENB-B-3 Financial Specialist I Full-Time 29,032 29,903 30,501 31,111 1,197 2 00 NENB-8-3 Financial Specialist// Fu11-Time 31,666 32,616 33,268 33,934 1,305 2.00% NENB-B-3 Financial Specialist III Full-Time 35,439 36,502 37,232 37,977 1,461 2.00% NENB-B-3 Financial Specialist IV Full-Time 39,247 40,424 41,233 42,058 1,616 2.00% NENB-B-3 Financial Specialist-Senior Full-Time 44,864 46,210 47,134 48,077 1,849 2.00 NENB-F-1 FingerPrinVPhotoTechnician Full-Time 30,698 31,619 32,251 32,896 1,265 2.00% ENB-A-S Fitness Supervisor Full-Time 36,899 38,006 38,766 39,541 1,521 2.00% ENB-A-5 Foreman IV Full-Time 34,622 35,661 36,374 37,101 1,427 2.00% ENB-A-5 Foreman V Full-Time 39,034 40,205 41,009 41,829 1,609 2.00% ENB-B-1 Forester Full-Time 46,749 49,724 50.718 51,733 1,990 2.00 ENB-B-1 General Zoo Curator FuII-Time 43,000 44,290 45,176 46,079 1,772 2.00% ENB-A-4 GIS Manager Full-Time 51,243 52,780 53,836 54,913 2,112 2.00 ENB-A-4 Goff Course/Rink Manager Full-Time 46,304 .47,693 48,647 49,620 1,908 2.00% ENB-B-1 Greenskeeper Full-Time 37,641 38,770 39,546 40,337 1,551 2.00% ENB-A-5 Healthy Seniors Supervisor Full-Time 29,035 32,660 33,313 33,979 1,307 2.00% ° ENB-B-3 HousingSpecialistV Full-Time 39,117 40,291 41,096 41,918 1,612 2.00 ! ° ENB-B-3 Housing SpecialistVl FuII-Time 41,535 42,781 43,637 44,509 1,712 2.00 ENB-B-3 Housing Specialist-Senior Full-Time 46,143 47,527 48,478 49,447 1,902 2.00% ENB-B-3 Human Resources Specialist IV Fu1{-Time 39,246 40,423 41,232 42,056 1,618 2.00 NENB-B-2 Industrial Pretreatment Specialist I Full-Time New 45,000 45,900 46,818 1,801 2.00% ° ENB-B-3 Intake Officer/Investigator Full-Time 28,941 29,809 30,405 31,014 1,193 2.00 NCNB-C-2 Internal Auditor Fu11-Time 50,000 51,500 52,530 53,581 2,061 2.00% NENB-B-2 Inventory Control Technician II Full-Time 30,471 31,385 32,013 32,653 1,256 2.00 ENB-B-3 Investigator II Full-Time 33,168 34,163 34,846 35,543 1,367 2.00% ENB-B-3 Investigator IV Full-Time 37,395 38,517 39,287 40,073 1,541 2.00 ° EN6-B-3 Investigatory ~ Full-Time 39,243 40,420 41,229 42,053 1,617 2.00 NENB-B-2 Laboratory Technician FuII-Time 27,676 28,506 29,076 29,658 1,141 2.00% NENB-C-2 License Clerk Full-Time 31,668 32,618 33,270 33,936 1,305 2.00% NENB-B-2 Locator Full-Time 33,660 36,014 36,734 37,469 1,441 2.00% ENB-A-5 Maintenance Foreman II FuII-Time 31,297 32,236 32,881 33,538 1,290 2.00% ENB-A-4 Maintenance Manager FuII-Time New 50,184 51,188 52,211 2,008 2.00 ENB-A-5 Maintenance Mechanic Supervisor Full-Time (4) 46,749 48,151 49,114 50.097 1,927 2.00 ENB-A-5 Maintenance Superintendent Full-Time 52,131 53,695 54,769 55,864 2,149 2 051 2.00% 00 % I 2 ENB-A-4 Manager of Equipment Service FUII-Time 49,765 51,258 52,283 53,329 , . ENB-A-4 Manager of Sewer Operations Full-Time 53,268 54,866 55,963 57,083 2,195 2.00 % I ' ENB-A-4 Manager of Solid Waste Operations Full-lime 51,188 52,724 53,776 ' 54,854 2,110 2.00% ENB-A-4 Manager of Streets Full-Time 51,188 52,724 53,778 54,854 2,110 2.00% ENB-A-4 Manager-Environmental Compliance Full-Time New 54,773 55,868 56,986 2,192 2.00% ENB-A-4 Manager-Parts Maintenance Fu11-Time 35,941 37,019 37,760 38,515 1,481 2.00% ENB-B-1 Marketing and Education Curator Full-Time 35,279 36,337 37,064 37,805 1,454 2.00° ENB-B-1 Naturalist Full-Time 29,035 31,000 31,620 32,252 1,240 2.00° ENB-B-2 Network Engineer Full-Time 49,087 50,560 51,571 52,602 2,023 2.00° EN6-A-4 Office Manager Full-Time 30,257 31,165 31,788 32,424 1,247 2.00% ENB-A-4 Operations Manager Full-Time (4) 53,268 54,866 55,963 57,083 2,195 2.00 ENB-A-5 Operations Supervisor Full-Time New 50,184 51,188 52,211 2,008 2.00 NENB-C-2 Ordinance Violations Bureau Clerk Full-Time 30,355 31,266 31,891 32,529 1,251 2.00% NENB-8-3 Paralegal Full-Time 37,289 38,408 39,176 39,959 1,537 2.00% NENB-F-1 Park Police II Full-Time 29,485 30,370 30,977 31,596 1,215 2.00 NENB-A-S Payroll Supervisor Full-Time 35,438 36,501 37,231 42 171 37,976 015 43 1,461 1 654 2.00 2.00% ENB-A-4 Permits Manager Full-Time 40,140 41,344 , , , v"pe 10/3 10 305alary OrRlnance p°citl°n comp I,x/s Date of Document 0 811 8120 0 9 City of South Bend, Indiana 2010 Salary Ordinance Setting Maximum Salary 2007 2008 2009 2010 2010 2010 Salary Salary Salary Salary Bf-Weekly % increase Job Code (2) Job Title Status 2.0 % Amount (3) ENB-B-3 PlannerVl Full-Time 45,532 46,898 47,836 48,793 1,877 2.00% ° NENB-B-2 Preventative Maintenance Coordinator Full-Time 34,215 35,241 35,946 36,665 1,410 2.00 2 00° ENB-A-4 Print Shop Manager Full-Time ll Ti 39,034 32 045 40,205 33 006 41,009 33 666 41,829 34 340 1,609 1,321 . 2.00% NENB-B-2 Print Shop Technician me Fu - Full-Time , 899 36 , 38,006 , 38,766 , 39,541 1,521 2.00°! ENB-A-S Program Supervisor FuII-Time , 38 099 39 242 40,027 40,827 1,570 2.00% ENB-B-2 ProgrammerAnalystl Full-Time , 732 39 , 40 924 41,742 42,577 1,638 2.00% ENB-B-2 Programmer Analystll Full-Time , 38 500 , 39 655 40,448 41,257 1,587 2.00% ENB-B-3 ENB-B-3 Project AnalystVl Project AnalystVlll Full-Time , 41,600 , 42,848 43,705 44,579 1,715 2.00% ° ENB-B-3 Projectlnspectorl Full-Time 40,140 41,344 42,171 43,015 1,654 2.00 ENB-8-3 Project Inspector II Full-Time 42,757 44,040 44,921 45,819 1,762 2.00% ENB-A-4 Project Manager FuN-Time 44,129 45,453 46,362 47,289 1,819 2.00% NENB-F-1 Property/Evidence Custodian Full-Time New 28,230 Elimlriated ° NENB-F-1 Public Assistance Clerk 11 Full-Time 25,273 26,031 26,552 27,083 1,042 2.00 ENB-A-4 Public Construction Manager Full-Time 55,000 56,650 57,783 58,939 2,267 2.00 NENB-B-3 Public Relations Specialist Full-Time New 38,000 38,760 39,535 1,521 2.00 ° NENB-B-3 Public Works Safety Coordinator Full-Time 41,095 42,328 43,174 44,038 1,694 2.00 ENB-A-4 Purchasing Manager Full-Time 52,952 54,541 55,631 56,744 2,182 2.00% NENB-8-2 Quality Assurance Distribution Technician Full-Time 34,622 35,661 36,374 37,101 1,427 2.00% NENB-B-2 Quality Assurance Treatment Technician FuII-Time 37,074 38,186 38,950 39,729 1,528 2.00% NENB-B-2 Radio Techician III Full-Time 43,733 45,045 45,946 46,865 1,802 2.00% NENB-B-2 Radio Technician I Full-Time 39,373 40,554 41,365 42,193 1,623 2.00 NENB-B-2 Radio Technicianlt Full-Time 40,663 41,883 42,721 43,575 1,676 2.00% Residential Marketing Specialist (new in 2008) Full-Time New 55,000 56,100 57,222 2,201 2.00% ENB-A-5 Rum Village Park Supervisor Full-Time 32,995 35,200 35,904 36,622 1,409 2.00% ENB-A-4 Safety & Risk Manager Full-Time 44,951 46,300 47,226 48,170 1,853 2.00 NENB-B-3 Sales/Event Associate Full-Time 31,492 32,437 33,085 33,747 1,298 2.00% ENB-B-3 SCDA Instrument Specialist Full-Time New 47,685 48,639 49,611 1,908 2.00% NENB-C-1 Secretary II Full-Time 23,568 24,275 24,761 25,256 971 2.00% NENB-C-1 Secretary III Full-Time 24,754 25,497 26,007 26,527 1,020 2.00 NENB-C-1 Secretary IV Full-Time 26,270 27,058 27,599 28,151 1,083 2.00 NENB-C-1 Secretary of the Board Full-Time 37,074 38,186 38,950 39,729 1,528 2.00% ° NENB-C-1 SecretaryV Full-Time 27,677 28,507 29,077 29,659 1,141 2.00 ° ENB-B-3 Senior CAD Specialist Full-Time 40,140 41,344 42,171 43,015 1,654 2.00 ° ENB-B-3 Senior GIS Specialist FuII-Time 41,493 42,738 43,593 44,464 1,710 2.00 ° NENB-F-1 Senior Property/Evidence Custodian Fuli-Time 29,725 30,617 31,229 31,854 1,225 2.00 ENB-A-5 Signal Supervisor Full-Time New 47,685 48,639 49,611 1,908 2.00% NENB-B-3 Special Events Assistant Full-Time New 34,512 35,202 35,906 1,381 2.00% ENB-A-5 Special Events Supervisor Full-Time 35,985 37,065 37,806 38,562 1,483 2.00% NEN8-B-3 Stock Room & Safety Coordinator Full-Time 41,094 d2,327 43,173 44,037 1,694 2.00 ° ENB-A-S Superintendent II FuIF-Time 41,257 42,495 43,345 44,211 1,700 2.00 ENB-A-5 Superintendent III FUII-Time 42,600 43,878 44,756 45,651 1,756 2.00 ° ENB-A-5 SuperintendentV Full-Time 46,749 48,151 49,114 50,097 1,927 2.00 1 ENB-B-2 System Specialist II Full-Time 44,864 46,219 47,143 48,086 1,849 2.00% ENB-B-2 System Specialist III Full-Time 47,731 49,163 50,146 51,149 1,967 2.00 ENB-B-2 System Specialist IV Full-Time 52,383 53,954 55,034 56,134 2,159 2.00% EN8-A-4 Technical Stage Manager Full-Time 34,000 35,020 35,720 36,435 1,401 2.00% ENB-A-4 Traffic & Lighting Manager Full-Time 51,188 52,724 53,778 54,854 2,110 2.00% ENB-B-2 Utilities System Specialist Full-Time 45,765 47,138 48,081 49,042 1,886 2.00 ° NENB-B-3 Violence Prevention Coordinator I Full-Time 29,035 30,120 30,722 31,337 1,205 2.00 1 NENB-B-3 Violence Prevention Coordinator II Full-Time 32,751 33,734 34,408 35,096 1,350 2.00 NENB-B-2 Water Treatment Operator-PF FuII-Time 37,610 38,738 39,513 40,303 1,550 2.00% ° NENB-B-3 Water Works Special Projects Coordinator I FuII-Time 37,074 38,186 38,950 39,729 1,528 2.00 NENB-B-3 Water Works Special Projects Coordinator Il Full-Time 40,438 41,651 42,484 43,334 1,667 2.00% Water Quality Specialist (reinstated position-had been deleted in 2007) Full-Time 49,982 50,982 1,961 2.00% NENB-B-3 Youth Sports Coordinator Futl-Time 29,035 30,120 30,722 31,337 1,205 2.00% ENB-A-5 Youth Supervisor Full-Time 36,899 38,006 38,766 39,541 1,521 2.00% NENB-B-3 Zoning Specialist Full-Time 35,250 36,308 37,034 37,774 1,453 2.00 ° ENB-6-1 Zoo Veterinarian Full-Time 50,089 51,592 52,624 53,676 2,064 2.00 Part-Time Positions Receiving Benefits Part-Time 33 351 34 352 35,039 35,739 1,375 2.00°/ NENB-D-4 CEDProjectCoordinator ParFTime , 38 535 , 39 691 40,485 41,295 1,588 2.00°I ENB-D-1 Chief City Assistant Attorney Part-Time , 51 812 , 53 366 54,434 55,522 2,135 2.00° ENB-D-1 NENB-D-4 CityAttomey Claims Adjuster (with benefits) Part-Time , 37,327 , 38,447 Eliminated ENB-D-1 Deputy City Attorney III Part-Time 33,090 34,083 34,764 35,460 1,364 2.00 ° ENB-D-1 Deputy CityAttomeylV Part-Time 42,452 43,726 44,600 45,492 1,750 2.00 NENB-D-4 Senior Citizen Leader (with benefits) Part-Time 20,197 20,803 21,219 21,643 832 2.00% Part-Time P ositions Not Receiving Benefits NENB-D2 Crossing Guard Part-Time 8,695 8,695 8,869 9,046 348 2.00° NENB-D2 Crossing Guard Captain Part-Time 10,076 10,076 10,278 10,483 403 2.00% Hourly Non -Bargaining -maximum hourly rate (1) (1) 24.64 25.38 25.89 26.40 N/A 2.00% Custodian (hourty position)-Moms Performing Arts Center (4) 9.94 10.24 10.44 10.65 2.00 (1) Positions notclassified as full-time - (2) Job Codes are maintained by fhe Human Resources Department (3) Bi-Weekly based on 26 pay periods (4) Maximum permissible; departmenis may pay less than maximum ' Poq< 3 °/ 3 1°7° Salary Ordin°nce poxitlan camp_l.xli CITY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER ~~ ~~-_~ August' 19, 2009 Derek Dieter, President South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 RE: 2010 Annual Salary -Mayor Dear President Dieter: Attached is the 2010 salary ordinance setting the Mayor's salary. Under Indiana Law, I.C. 36-4-7-2(c), the Mayor's salary may not be reduced from the prior year amount. This ordinance maintains the Mayor's salary at the 2008 rate. I will present this Ordinance at the appropriately scheduled Personnel & Finance Committee meeting and public hearing along with any additional pertinent information. If you have any further questions, please let me know. Thank you for your consideration. S Gregg I~I~~ent; City Contre'ller }BUG 1 9 2009 tiO~k} 1~v MY ~{cc~`~ti [ COUNTY-CITY BUILDING 227 ~. JEFFERSON BOULEVARD SOUTH BEND, INDLINA 46601-I83O PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 Bill No. ORDINANCE NO. AN ORDINANCE OF THE COM1111ON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2010 STATEl411ENT OF PURPOSE AND INTENT Pursuant to Indiana Code 36-4-7-2, the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for Mayor of the City of South Bend for calendar year 2010. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, . Indiana, as follows: Section I. The annual compensation for the Mayor of the City of South Bend in calendar year 2010 shall be and hereby is established at $96,526. Section II. If any one or more of the provisions contained in this ordinance shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this ordinance shall be construed as if such invalid, illegal or unenforceable provision was not contained therein. Section 111. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Member of the Common Council Attest: City Clerk rig ~r ~~~ t~~;~ i~ ~e^;; ~. ~~a~kfEi~r ~. ~ t~ ~F~yi?~'~ ~0 ~~~ ~F Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock _. m. Approved and signed by me on the o `clock .m. 1st REA©{NG PUSCfC F{E,~.IcIN~ 3 rd READING NOT APPROVED REFERRED PA5S~ Deputy City Clerk day of , 2009, at Mayor, City of South Bend, Indiana t G 1 9 2009 ~~ice ~f the ~it~y clerk John Voorde, City Clerk L~;l\ No. ~~ °5 August 19, 2009 Honorable Derek D. Dieter, President South Bend Common Council 227 W. Jefferson Blvd. South Bend, Indiana 46601 Re: 2010 City Clerk Salary Ordinance Dear President Dieter: Attached for your consideration is the 2010 salary ordinance fixing compensation for the South Bend City Clerk: This annual filing is prescribed by Indiana State Law. The salary requested represents no increase from last year. Your favorable consideration is solicited. Thank You. esp ctfully, "' r n Voorde City Clerk x R ~'4d ~~J G 1 9 20G9 t 455 County-City Building •227X! Jefferson Blvd •South Bend, Indiana 46601 •574/235-9221 •rax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Deputy Ordinance Violation Clerk ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2010 Statement of Purpose and Intent The City Clerk serves as Clerk of the Common Council under Indiana Code § 36- 4-6-9 and maintains custody of its records. The City Clerk is also charged with maintaining all records as required by law; keeping the city seal; administering oaths; taking depositions; attending all regular and special meetings of the Council; and performing other duties as required by the Common Council. The Common Council is required by under Indiana Code § 36-4-7-2 to fix the annual compensation of all elected city officers, with such an ordinance being published at least thirty (30) days before final action by the Council. Indiana Code § 36-4-11-4 authorizes the City Clerk to appoint "the number of deputies and employees authorized by the city legislative body". In the interest of fairness, the following ordinance sets forth the same percentage increase for the City Clerk as requested for the deputies and employees in the City Clerk's Office. ~~ , ~/,,~e~axe, Ge r,~`aa~/rrirec~ by the Common Council of the City of South Bend, Indiana, as follows: Section I. The annual compensation for the City Clerk of the city of South Bend, Indiana, for calendar year 2010 shall be and hereby is frozen at its current rate of $52,$00.00.. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member of the Common Council ~~~yjF~~ ~if ~,r-;f;, • , ..i3 ~~l=! ~n 6 - ~k3' ~a;, e(.c a ~°~ ~~ 2010 City Clerk Salary Ordinance Page 2 Office of the City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009 at o'clock _. m. Office of the City Clerk ~z~~o~e~ ~ ~~~ by me on the day of , 20010 at o'clock .m. Stephen J. Luecke Mayor of the City of South Bend, Indiana ~ ~~ ~ S. REn.Gi~~ S L~_ nuv>r~c HEAR.i?~c ;s rd RE/~.GiPdG t~lOt F,PPRQV6D REFERRED o n ccr~ l 4 G ty~ ivy 4 a~ ~ E 4a' 1 Ll \-~J ~,a~ i .{+f+~{}~ ~w (~:UG i ~ 2QC9 _.._.~.~"v w~c~r~~ Ci1"~t Ci.r'i~h;, fi'?. E"c'dl3, fi~i. Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy' Kirsits At. Large Timothy A. Rouse At Large Karen L. White At Large 441 County-City Building • 227 W Jefferson Blvd (574) 235-9321 South Bend, Indiana 46601-1830 Faz (574) 235-9173 TDD (574) 235-5567 http: //ww~v. s o uthbendin. gov ~--~... - ~ ~ .... ~,7 .. ~~ 6 "' \ ~.~ August 19, 2009 Members of the South Bend Common Council 40i Floor County-City Building South Bend, Indiana 46601 Re: 2010 Salary Ordinance_ for 1Vlembers of the South Bend Common Council Dear Council Members: The attached ordinance would freeze salaries for members of the South Bend Common Council at the 2007 salary amounts. Each of you- are well aware of the many fiscal challenges facing our community. As we work together with the City Administration to continue to provide the best possible city services to our residents and businesses, I believe that this action is not only necessary, but appropriate under the circumstances. I seek your support of this recommendation. Thank you. Sincerel G ~.~~~ Derek D. Dieter Council President South Bend Common Council Attachment cc: Office of the City Clerk Mayor Stephen J. Luecke ~'i6~c~ ~!~ k„t~~lE'a3 ~ ~t~fi~~ AUG 1 9 2009 s~~,u ~~ocsQe Ordinance No. Bill No. 6709 AN ORDINANCE OF THE COIViIViON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL I~IEIVIBERS FOR CALENDAR YEARS 2010 STATElVIENT OF PURPOSE AND Il~TTENT In light of the budgetary restraints and challenges facing the City of South Bend in 2009, 2010 and 2011, the Common Council believes that the salaries for its Council Members should be frozen at the levels established in 2007. The Common Council notes that it passed Ordinance No. 9449-03 on September 8, 2003 That ordinance established a 0% base salary increase for Council Members in 2004 and a 1.75% base salary increase for calendar years 2005, 2006 and 2007. ~% , ~/~e~e, le rta~~z~inec~ by the Common Council of the City of South Bend, Indiana, as follows: Section I. The members of the Common Council of the City of South Bend, Indiana, shall be paid from the General Fund the following annual salary amounts: Current Salary 2010 Salary $16,898 $16,898 Section II. this ordinance shall be published as required pursuant to Indiana Code § 5-3- 1, with the first publication taking place at least thirty (30) days before the final passage by the South Bend Common Council. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~, Member of the Common Council ~ John Voorde, City Clerk ~~ ~.1 ~ ~~?~'~ ~~ dt~~ttd~ ~~ ,^~~ uh S,k,~,y,.4 `~ la~hwi ,,. ~ 7 bi;., F6k:. y~~aEi'~ ~~~ ~~~ ~ ~~ ~€ti~ l~~~ a•.tia 2010 South Bend Council Salary Ordinance Page 2 ~xea~i by me to the Mayor of the City of South Bend, Indiana on the 2009, at o'clock _ .m. Janice Talboom, Deputy City Clerk ~~k~f~'`°~e`~a~~~"""" by me on the day of 2009, at o 'clock . m. day of Stephen J. Luecke Mayor of the City of South Bend, Indiana y ~._~~ st P.~A4tt~IG' ~^~ PUBLlC HEP-.RfN~ 3 ; d READING rdOT APPROVE . RU G 1 9 2669 ,iO~Ft UQt1RD~ CfTY CLERK, B0. BE[~{J, IM. R[FEP.REA PASSES .•Y~~ Ordinance No. Bill No. ~,~ ~~~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2010 Ordinance No. Bill No. ~ ~ `~ 1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2010 SpU T$ ~~ ~ -~: ~ ~~\EACE/~ ~ I865 ~ 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy" Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large (574) 235-9321 Faz (574} 235-4173 TDD (574) 235-5567 http:! /v~nvw. southb endin. gov September 9, 2009 Members of the Common Council ~~ '~ ~ ~ ~ ~,, ~ Z _,. ~ ~j 4~' Floor County-City Building r South Bend, Indiana 46601 Re: ®rdinance Enhancing the Duties ®f the Council's Coynanunity Relations Cogn~xiittee Dear Council Members: During the past few weeks, school children throughout the City of South Bend have been returning to public and non-public schools for the 2009-2010 school year. It is our hope that with the excitement of the new school year, that we can create and formalize a mechanism for' better public dialogue between members of the South Bend Common Council, the school superintendent, school trustees of the South Bend Community School Corporation Board of Trustees, their committees and/or their representatives; as well as with other non-public school officials operating schools within the City of South Bend. As noted in the attached articles, there are many positive benefits to regular and ongoing dialogue among elected officials representing public schools, local government officials and community residents. Some of these noted benefits include: By bridging the fields of education and urban policies, it helps create equitable, diverse and livable cities and schools By creating connections between cities and schools, it helps foster a collaborative environment for public schools, local government, community leaders, and neighborhood residents help to achieve goals which embrace public policy, urban planning and quality educational practices a "Connecting schoolwork to fun, engaging activities -like community planning brainstorming - is important", Center for Cities & Schools, Fall Forum 2005, School as Center of Community: How Emeryville is Transforming its Schools and City Policies by Placing~Education at the r'Ieart of Rea'evelopment, p.12. The proposed new language in the attached ordinance is underlined. It would be codified into Section 2-10(i)(3) of the South Bend Municipal Code which addresses the eleven (11) standing committees of the South Bend Common Council. Cover Letter for the Community Relations Committee Ordinance September 9, 2009 Page 2 Providing opportunities for semi-annual public meetings would provide an .opportunity for brainstorming among public officials representing their respective governmental, public and private educators and the public, and would be a positive step forward for the City of South Bend. Perhaps one of the greatest benefits of this ordinance would be the promotion of open dialogue, which could result in more innovative and collaborative policies aimed at positively working to bridge the perceived disconnect between the public school system and local government. As the Chairperson of the Community Relations Committee joined by two (2) seasoned Council Members with years of experience in educational fields, (one Council Member having served on the South Bend Community School Corporation Board of Trustees and the other Council Member being a retired teacher from the South Bend Community School Corporation) we believe that the time is right to move forward on this pro-active measure. The recent ordinance passed by the South Bend Common Council which bans the use of cell phones and pagers in school zones by a motor vehicle driver, is a very recent example of school officials working positively with the city. In anticipation of many other cooperative ventures, we seek your support of this ordinance. Thank you. Sincerely, Council Member Henry Davis, Jr. Community Relations Committee Chairperson Council Member Karen L. White Member of the mmon Council ember uzzello Member of the Common Council Attachment gpF to ~.S }~^7 rr~2+~~~s~7~ esR, k.[a-"[~~ ~iid:~~~.R ~:[ `Sr6tSSt 2$ tai "c+~~t4~.F `av J S,~° - ~' LUO~ Bill No. -09 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (3) OF THE SOUTH BEND MUNICIPAL CODE BY ADDING ADDITIONAL POWERS AND DUTIES FOR THE COUNCIL'S COMMUNITY RELATIONS COMMITTEE STATEMENT OF PURPOSE AND INTENT The 9-member South Bend Common Council has eleven (11) standing committees. Each committee is charged with specific duties and responsibilities which include, but are not limited to reviewing and recommending policies and procedures for consideration by the South Bend Common Council. Public discussion on items referred to committee is a vital part of the due diligence requirements which each of the Council's standing committees regularly performs. The Common Council recognizes that-the members of the Board of School Trustees of the South Bend Community School Corporation are each elected to serve four (4) year terms. Five (5) members are elected by voting district and two (2) are at-large. The Board of School Trustees is responsible for the approval of purchases, contracts, curriculum adoptions, budgets, appropriations, and the making of policies in open public session. The Council further recognizes that many non- public schools operate within the city limits of South Bend. Enhanced communication with all of these entities through their officials, their committees or their designated representatives may develop better working relationships which would benefit our community. The Council's Community Relations Committee is charged with fostering relationships and communications with public and private entities operating in the City of South Bend, Indiana. Numerous publications have focused on schools as the center of communities. Quality educational programs and educational professionals have a direct impact A community's public school system also affects individuals selection as to where they wish to live and raise their families; and on where business owner wish to locate in search of quality employees. Schools, cultural and recreational opportunities, and jobs all work together to lessen the "brain-drain" on a community. This ordinance would formally promote stepped-up collaboration between members of the Board of School Trustees, the School Superintendent, their committee members and other designated representatives and members of the South Bend Common Council and. their sub- committeemembers by creating opportunities for ongoing and regular dialogue. Additionally, this ordinance cross-references to the Community Relations Committee role and duties with regard to the Community/Campus Advisory Coalition (CCAC) and the various city offices on public safety measures. This ordinance is also designed to be pro-active. It is sponsored as a means to promote public dialogue and positive interactions. This ordinance is believed to be in the best interests of the citizens of South Bend, Indiana. Community Relations Committee Ordinance Page 2 ~,~/~ ~;~, ~ ~-d,„~~ ~ ~pom ~po~zcr~of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 1, Section 2-10 (i) (3) of the South Bend Municipal Code is amended to read in its entirety as follows: (3) Community Relations Committee: Overseeing the various activities of the Office of Community Affairs and the relationships and ongoing communications with other public and private entities operating within the City of South Bend. The Chairperson of the Community Relations Committee shall schedule not less than two 2 committee meetin s each calendar ear invitin the su erintendent school trustees of the South Bend Communi School Co oration Board of Trustees their committees or desi ated r~resentatives and other non-public school officials operating within the Citv of South Bend to discuss schooUcommunity relations The Chairperson may schedule an~addrtional meetmcs m a calendar near on school/communi relations as he or she deems appropriate The Chaimerson shall additionally schedule committee meetin s with the Residential Nei hborhoods Committee to receive and discuss information from the Communi /CamRus Advisory Coalition (CCAC) and all city agencies offices and departments involved with ublic safe re ulations as further addressed in Section 14-60 of the South Bend Munrcr al Code. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayorr_, and legal publication. Counci em enry Davis, Jr. Community elations Committee Chairperson Member of the Common Council Council Member K rep L. White Memli it of the Co 1 on Council o~incil ember Ann P o Member of the Common Council C~~ea-~: John Voorde, City Clerk Community Relations Committee Ordinance Page 3 ~~~~,~by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of 2009, at o'clock _. m. Janice Talboom, Deputy Clerk ~~~ ~ ~ by me on the day of o'clock .m. 2009 at Stephen J. Luecke Mayor City of South Bend, Indiana ~ ~: R~Ar~ING ~-~ `~~O ~ Pt}ELIC HEARING 3 rd READING NOT APPROYF~. P.EEERREI~ ; PASS 1~.' ' • . "~~ - ~ LUQJ 1k~~ ,____T + ~--~~.._.. ;;~t ~,D ~,vi: 1200 CovNTY-CtTY Bun,DUVG 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 COMMUlITITY ~ ECOI~TOMIC DEVELOPMEletT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR August 3l, 2009 ~~'/~ ~J~ V ~ 3_~~ - South Bend Common Council Fourth Floor Council Chambers 400 County City Building South Bend,. IN 46601 Re: Ordinance to Appropriate AARA -EPA Supplemental Grant Funds Dear Council Members: The attached bill for your consideration and approval will appropriate funds from a $360,000 EPA grant for our Brownfields Revolving Loan Fund. South Bend was selected to receive this supplemental funding as part of the American Recovery and Reinvestment (ARRA) Act of 2009. It will be provide additional capitalization of our Brownfields Cleanup Revolving Loan Fund. Please note, these funds cannot be used for general government purposes, only toward eligible uses related to the remediation of Brownfield properties. I will present this bill at your September 28`h meeting. Please contact me at akolata(a,southbendin.gov or 235-9374 if you have any questions or would like additional information. Sincerely, ~ ~ G~~. Ann E Kolata Senior Redevelopment Specialist ~~~~ ~ ~l~ ~«e`~Ir'~ ~~s~~ SEP - g 20C9 s~nl ' lr~r~ r,3lZ w JL1; F~i i v'.+..: COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL ~ PROGRAM MANAGEMENT PAMELA C. MEYER DONALD E. INNS 574!235-9660 574!235-9371 ELIZABETH LEONARD (~ ~;~,~,--~" FAX: 574/235-9697 574/235-9371 ~lJ ORDINANCE NO. Al®T ORDII~AI~CE OF THE COIVIlVI01~ COUI~ICIL OF THE CITY OF SOUTH BEl®1D, Il@1DIAI~TA APPROPRIATING $360,000.00 OF GRAI~TT FUl®TDS FROM THE UNITED STATES E1~TVIR01®T19~IE1®TTAL PROTECTIOl~t AGENCY ~VITHIl®i FU1~D 209 FOR EI~IIZOl~lOIEl®TTAI~ CLEAI®1-UP OF BROVVI~TFIELD SITES WITHIIl~ THE CITY OF SOUTH BEl~D , STATEMENT OF PURPOSE AND INTENT This bill will appropriate $360,000 from a U.S. Environmental Protection Agency Brownfield Grant within Fund 209 for environmental clean-up of brownfield sites within the City of South Bend. These funds have been awarded to the City of South Bend as part of the American Recovery and Reinvestment (ARRA) Act of 2009 supplemental funding. The funds will be used as part of South Bend's Brownfields Cleanup Revolving Loan Fund Program. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I: The sum of $360,000.00 is appropriated for brownfields remediation within Studebaker/Oliver Revitalization Grant Funds (#209) out of supplemental monies received from the U. S. Environmental Protection Agency through the American Recovery and Reinvestment (ARRA) Act of 2009. 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 Cduncil C°i it n~ rs-. .. c, .c _ a)iFi i:: ez~ '-'' t. i:v, r fits P'-~ `..`, " ,.: •=i .•~ii; "1 > .`r ` ~ ~i id7iL. ~ fa~ Attest: 0~~;:i~(fisi~, 1'~~ ~=~?t`d ~svc,:s'~~C~ ~ C~:tn~i! ~~~ an Eris issue. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, Indiana ~J3ui~' ? ~EAaIPaG ca RE.HDi!`1~ ~44T ~,E;~~QV;"~ EFERREt~ t,SSE~ SEP - ~~ «'~`~ CCUtdTY-CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND,IN 46601 Priv^NE 574-235-5887 FAx 574-235-9828 TDD 574-235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR ®FFICE OF ADMINISTRATION c`3c FINANCE C7REGG D. ZIENTARA, CITY CONTROLLER September 8, 2009 Mr. Derek Dieter "°"-°°'°~°~-~~°-'~'° President, South Bend.Common Counci{ 4th Floor, County City Building South Bend, IN 46601 Subject: Ordinance for 2009 Capital Appropriations Dear Mr. Dieter: Please find attached an ordinance which provides for appropriations of a capital nature from the Local Road and Street Fund (# 251) and the Motor Vehicle Highway Fund (#202). I will be joined by Gary Gilot, Public Works Director in explaining the project needs. Gary has supplied this initial explanation to me included herein and he will be prepared to go into more detail at the Council Committee meeting and public hearing. We will both be available to answer any questions you may have. Project Explanations: 1.) Federal Match for Miami Street Improvements from Jackson to Kern is $ 958,000 requested from LRSA. This project has been in our Transportation Improvement Plan for several years moving through the necessary steps to be ready for letting. We have invested locally in the design and right of way acquisition. Legal and CED helped us to avoid nearly $ 250,000 in consultant land acquisition fees. Our engineer estimates the construction cost at $4,788,000 and our match at $958,000 so we leverage our local funds quite a lot. 2.) Ewing design was started some time ago. We depleted resources and have not gone beyond preliminary conceptual design. We request $ 80,000 from LRSA to get going again on this multi- phase multi-year project to reconstruct Ewing from Main to Prairie using federal funds for 80 % of the project. 3.) Completion of McKinley Ironwood will require $ 227,000 from LRSA.• We had a $ 2 million jurisdiction transfer grant that covered most of the project. We did a local context sensitive design approach that was much less expensive than the state highway $ 3.5 million dollar solution and much more accepted by the neighborhood design committee who wanted the safety improvements done with consideration for the residential character of the area. It was a successful project we need resources to close out soon. 4.) Concrete Pavement Repairs of $ 300,000 from MHV include: Resurfacing of Ironwood Dr. from south of Ireland Rd. to north of Ireland Dr. and wi11 include the concrete surface east and west of Ironwood Dr. on Ireland Rd. b. Repair of Michigan Street in the Downtown Plaza area from Washington Street to Jefferson Blvd. and thru to Wayne Street c. Asphalt coverings to street segments where damage is beyond the level of spot concrete repairs covering the following locations: i. Klinger Street ii. Barbie Street iii. Addison Street iv. Tasher Street v. ~ Scenic Drive vi. Mayfair Place vii. Sunnyfield Place St. Joseph Ave. to Michigan St. Fellows St. to Michigan St. Chippewa Ave. to Jennings St. Jennings Ave. to Michigan St. Ford St. to Mayflower Rd. Clearview PI. Summit PI. Clearview PI. Ford St. d. The total cost expenditure will be managed to remain within the $300,000 appropriation. Please contact Gary Gilot or myself concerning matters regarding this request for ordinance. Sincer, Gregg 'Zientara Control) Cc: Mayor Stephen J. Luecke Gary Gilot j~-t- p R. ~lE~~ l~ Lt ~~ ~lE~i~i~ SEP - 9 2009 ~Qs9i[ VOQQC`~ G[`fY CMG ~, ~~, ;~€'ti~, IN. ORDINANCE NO. AN ORDINANCE OF THE COIVi~ION COUNCIL OF THE CITY OF SOUTII BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2009 INCLUDII~TG $ 1,265,000 FROM LOCAL ROAD AND STREETS FUND (#251) ANDS 300,000 FROM THE 1Q'IOTOR VEHICLE HIGHWAY' FU1~ID(#202) STATElVIEl~iT OF PURPOSE AND INTENT The City of South Bend, Indiana, appropriated through the 2009 budget certain expenditures including some capital. It is now,necessary to appropriate additional funds for certain expenditures of a capital nature relating to road improvements that will improve safety and condition of pavement while correcting legacy pavement drainage issues. Accordingly appropriating and expending fiends to improve the streets is in the best interest cf the health, safety and welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The following sum of money is hereby appropriated in the fiscal year 2009 and ordered set apart from and within the Local Road and Streets Fund (#251) and the Motor Vehicle Highway Fund (#202) for the capital expenses as follows: Fund Number Description Amount 251 Local Road and Streets Fund $ 1,265,000.00 202 Motor Vehicle Highway Fund $ 300,000.00 Total $ 1,565,000.00 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~~l ~ ~ ~3dt'aEa 2~~~aC4t Ear C~v~~j €~~ ~~ ~~6~~ 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. 2009, at Mayor, City South Bend, Indiana 1st REACtNG `~~~V~~ PUSL(C HEARING 3 rd READING NOT APPROVEf3 ~1~~ ~l~C~'~ ~~Cd~~ SEP - ° 2009 sQFiI~ VCt0~59E Cl~'~f GL~~~tti, SC. 6~~'C, I~. REFERREC PASSER Additional Appropriations 2009 Capital Projects Engineering Federal match money for Miami Improvements (20%) $ 958,000.00 Ewing Avenue Design Restart $ 80,000.00 McKinley Ironwood htersection* $ 227,000.00 Total Local Road and Street Fund $1,265,000.00 Street Concrete Pavement Repairs $ 300,000.00 Total Motor Vehicle Highway $ 300,000.00 Total Additional Appropriations $ 1,565,000.00 * The majority of this project was funded with a $ 2 million state grant on jurisdiction transfer of the intersection to the City. for context sensitive design and construction of improvements. ~Ei~~~ 416 ~if;:>=.': _ SEP - ~ 2ai~9 September 9, 2009 Derek Dieter, President South Bend Common Council 4''' Floor County-City Building South Bend, IN 46601 RE: An Ordinance Creating a Sewage Works Debt Service Reserve Fund and Appropriating Monies for that Purpose Dear President Dieter: Attached is an ordinance for consideration by the South Bend Common Council which creates a new, separate Fund (#653) to hold Sewage Works bond debt service reserve monies which are required under our outstanding sewage works bonds. The ordinance codifies the creation of this Fund within a new Section of the South Bend Municipal Code. A separate Fund was recommended to create clear accounting and tracking of these monies. This ordinance also transfers from various Sewage Works Funds the total sum of $4,541,322 which is required to satisfy the City Sewage Works bond debt service reserve requirements through 2009 and part of 2010 pursuant to bond documents. This ordinance then appropriates the transferred monies for debt service reserve purposes. Finally, one of the Funds from which monies are to be transferred for debt service reserve appropriation is Clay Sewage General Fund #650. This Fund should be closed because it is no longer needed. I will present this Bill to the Common Council at its Committee meeting and at public hearing. I maybe accompanied by Environmental Services Director Jack Dillon. Thank you for your consideration of this ordinance. Sincerely, Gregg D. Zientara City Controller ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14, OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A SEWAGE WORKS DEBT SERVICE RESERVE FUND (#653), TRANSFERRING TO FUND #653 THE TOTAL SUM OF $4,541,322 FROM VARIOUS FUNDS, APPROPRIATING THE SUM OF $4,541,322 WITHIN FUND #653 FOR: SEWAGE WORK5 BOND DEBT SERVICE RESERVE OBLIGATION, AND CLOSING FUND #650 STATEMENT OF PURPOSE AND INTENT The City of South Bend Sewage Works Division has financed several significant capital improvement projects out of bond obligations. These bond obligations require protection of bondholders through debt service reserves which the City previously handled through policies of insurance that are no longer of the credit quality required of such policies. To meet the Sewage Works bond debt service reserve requirements, the City must have the sum of Four million one hundred seven thousand two hundred seventy-nine dollars ($4,107,279) placed in a special reserve account by September 30, 2009 plus $53,259 per month for a period of time thereafter. To accomplish this, it is best that the City establish a new Sewage Works Debt Service Reserve Fund (#65 3) which shall be non-reverting; that the sum of $4,541,322 be transferred to this Fund from various other Funds within the City Sewage Works, and that the sum of $4,541,322 be appropriated within Fund #653 for debt service reserve purposes. It is also appropriate that one of the Funds from which a transfer is to be made, namely, Clay Sewage Fund #650, be .closed because it is no longer needed. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I Chapter 2, Article 14 of the South Bend Municipal Code is hereby amended to add a new Section 2-158 to read in its entirety as follows: Sec 2 158 1 Sewage Works Bond Debt Reserve Fund A Sewage Works Bond Debt Reserve Fund X653) is created as the repository for the City's Sewage Works Bond debt service obligation This Fund shall be non- reverting_ and shall be funded and oRerated in accordance with all legal and ~e~~ific bond ordinance requirements. SECTION II. The following transfers of monies shall be made to Sewage Works Debt Service Reserve Fund #653: Fund # Description 641 Sewage Works Operation 642 Sewage Works Depreciation 643 Sewage Works Operations & Maintenance Reserve 650 Clay Sewage Total Amount Transferred $2,355,000.00 $673 ,000.00 $427,000.00 $1,086,322.00 $4,541,322.00 SECTION III. The sum of $4,541,322.00 is appropriated within Sewage Works Debt Sea.-vice Reserve Fund #653 to satisfy the City's sewage works bond debt service reserve obligation through 2009 and a portion of 2010. SECTION IV. Clay Sewage Fund #650 is hereby closed because Clay Utilities is part of the City of South Bend Sewage Utility and a separate fund is no longer needed. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: r.1~~itl~~{{~vv,gt.,'~ iivs~lr~'i! is Gr:yf S';~ ~it,~c1';,,s'~ atl V~IlilLfls~ ii/f ~~ ~~'~. ~....~~EF~ c~^••i~ City Clerk ~ ~~t~S1 ~ ~~ ~~~~ Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. City Clerk Approved and signed by me on the day of , 2 at o'clock, .m. lsi Rl:;~.U;f;G ~`~~ l`~~ PUS! lC };~~~,RING 3 rd P.E,1DlNG NOT APP°OY.EIeJ f;EFERREI~ PASSE Mayor, City of S ~~n , i na. ,~, ~ r•,~ ~p a ~ sip - ~ zaog MICHAEL J. DANCH, L.A. RON HARNER, P.S. Land Surveyors Professional Engineers Landscape Architects Land Planners ~; ~,l I~~- 0~-b1 Honorable Members of the City of South Bend Common Council 4th Floar County-City Building South Bend Indiana 46601 RE: Special Exception Petition for the South Bend for property located at 1434 Garland Circle, South Bend, Indiana: Dear Council Members: August 4, 2009 Our clients are requesting the approval of a Special Exception for their property located at 1434 Garland Circle, South Bend, Indiana. This Special Exception will allow the petitioner to operate Group Home for a maximum of Eight (8)girls. Our clients believe that the approval of the proposed Special Exception will fit within this established South Bend neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Danch, Harney & Associates, Inc. File # 090139 Md. "C" 1643 Commerce Drive ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, Ml 49103 office 574/234-4003 ® 800/594-4003 e Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETTTION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT (1434 GARLAND CIRCLE, SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 3G-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 pursuant to I.C. 36-7-4-918.6; 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 Area Boatd of Zoning Appeals of St. Joseph County, Indiana has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOL6TED 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: (1434 GARLAND CIRCLE, SOUTH BEND, INDIANA) in order to pernut: The Approval of a Special Exception to allow far the operation of a Group Home far property located at 1434 Garland Circle, South Bend, Indiana per Section 21-02.01 (a)(2)(F) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals of St. 3oseph County, Indiana, 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 fords 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 hi 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; all of which is requested by the South Bend Municipal Code § 21-09.Q3 (i). 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. 5 Member of the Common Council ~'' • i~ ~i'iIE~';~~ X1'1 ~~fs11~1 G~~;;Fa ~ 44 ` ~ p~'j~IIU{Zt~ ItJI' ~}~t~,1Si'v ft~a~l'iR~ ~~~~ 3~i4n fifl.~tS I~Sli9, ,.,~ES~t~~r~~s : ~. ~tl~~ 4~r ~4~t°~'~ ~a~~~~~ ~tlG 1 1 2QQ9 ~IAHtI ~lirGFG~ AREA BOARD OF ZONING A..PPEALS OF ST. JOSEPH COUNTY, INDIANA NO. NOTIFIED 20 APPEAL ~~plicant's Name: PEDRO, VERONICA & LASHON GURROLA Phone 1-708-417-6315 Address: 1434 GARLAND CIRCLE, SOUTH BEND, INDIANA 46614 20 20 Address of Property: 1434 GARLAND CIRCLE, SOUTH BEND, INDIANA 46614 Present Zoning of Froperty: '°SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT Owner's Name: PEDRO, VERONICA & LASHON GURROLA Phone 1-708-417-6315 Address: 1434 GARLAND CIRCLE, SOUTH BEND, INDIANA 45614 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS FOR ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the.matter of erecting, occupying, building, addition at 1434 GARL_z1ND CIRCLE, SOUTH BEND, INDIANA 46614 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-02.01 (a) (2)(F) of the City of South Bend Zoning Ordinance to allow for the operation of a Group Home for property located at 1434 Garland Circle, South Bend, Indiana 46614, per Section 21-02.01 (a)(2) (F) of the City of South Bend Zoning Ordinance; The Petitioners are the owners of the real estate parcel shoFm on-the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "SF1" Single Family and Two Family District. The Petitioners desire to operate a Group Home for a maximum of eight (8) girls at the- home located on Garland Circle. Their intention is to create a home atmosphere for the girls in a stable setting. The age of the girls who would be residents range from 10 years ald to 18 years old_ The Group Home would be licensed by the State of Indiana through FILED HEARING 2 the State's Department of Child Services (DCS). The girls that would live at the Group Home would already be in custody of the State. The State, through their various Child Service programs, would have determined that the girls existing parents or guardians are not presently suitable to provide the supervision required for the girls' wellbeing. The Group Home would be run under the Hope House Organization with the State Department of Child Services overseeing that facility meets their strict standards and guidelines. The Petitioners have chosen Ruth Brammer and her spouse, John Newell to be the Group homes' House parents. They would lave at the home and would supervise the girls' daily activities. The Group Home will offer treatment placement, which means that prior to being accepted as a resident, each girl would go through an admission process including an interview to ensure they meet the Group Homes' and Hope House criteria. The gir15 would not be admitted if they have had previous tendencies towards suicidal thoughts, or have had any previous gang affiliations, or any severe emotional issues that would require an intense secured environment. The girls would be capable of attending local schools, and socializing appropriately within the community. The Group Homes' House parents would teach the girls skills such as social manners, cooking, using computers, household budgeting, banking and money management. The House parents Lrould also help the girls with their school studies, and allow the girls to indulge in exploring their interests in cultural arts, painting, and music appreciation. These are skills the girls would use through-out their lifetimes and would help them to transition into being able to live independently. The main goal the Group Home would be to re-unite the girls with their parents or guardians if that is possible. The Petitioners would ask the Board Members to agree that approval of the Special Exception to allow for the Group Home, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use as compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code ~ 21-09.03 (i). The Petitioners would ask the Board 2~tembers to agree that the Group Home in this residential setting, would have a positive affect on the girls who would live in the home. The Petitioners believe that this setting, being a regular home, and not an institutional facility, with a limited number of residents, would help the girls to overcome their previous unsuitable environments, and allow them to begin anew, with professional guidance, to a positive outlook on the rest of their lives. The Petitioners believe that approval of the above Special Exception for this proposed use will not be detrimental to adjacent properties, nor wall it adversely affect the surrounding property values. 3 The Petitioners would. ask the Board Members to agree that approval of the above .described Special Exception will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare he adversely affected. The Petitioners contend that the strict application of the termxs of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Special Exception is sought: that the need for the Special Exception arises from such condition peculiar to the property in the same Zone : and that the use or value of the area adjacent to the property described in the petition for the Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. Y attest, under the penalties for perjury, that the foregoing representations axe true. Michael J. Danch President Danch, Harper & Associates, Inc. Property Owners Within 300 Feet Pedro Gurrola & Veronica Jtwrs Scott & Joyce Skillern Jeremy & Stacey Noetzel 1434 Garland Cr 1442 Garland Ct 1448 Garland Cr South Bend, IN, 46614 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 7213 7850 Tax Key # 018 7213 7849 Tax Key # 018 7213 7848 Kathleen Diltz Van E Gates Robert & Judith Schmuhl 1454 Garland Circle 1449 Garland Cr 1441 Garland South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 7213 7847 Tax Key # 018 7213 7846 Tax Key # 01 8 7213 7845 James & Jill Hillman Phillip & Christine Lewallen David & Jeanne Ballard 1404 Ridgedale Rd 229 N Michigan St 3215 York Rd South Bend, !N. 46614 Argos, lN. 46501 South Bend, IN. 46614 Tax Key # 018 7213 7844 Tax Key # 018 7175 6246 Tax Key # 018 7175 624601 John & Marjorie Bycraft William & Jennifer Nolan Donald Wisniewski -Anne Riordan 1316 Garland Rd 1326 Garland Rd 1340 Garland Rd South Bend, IN. 46614 South Bend, 1N. 46614 South Bend, 1N. 46614 Tax Key # 018 7171 6057 Tax Key # 018 7171 6056 Tax Key # 0.18 7171 6055 Helen Diltz James & Jili Hillman James & Jill Hillman 3102 York Rd 1404 Ridgedale Rd 1404 Ridgedale Rd South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 7171 6054 Tax Key # 018 7171 6052 Tax Key # 018 7171 6051 Christopher & Michelle Quinn Daniel & Editha Cohen Ernest & Jane Nagy 1326 Ridgedale Road 3013 York Rd P.O.Box 1124 South Bend, IN. 46614 South Bend, IN. 46614 Elkhart, IN. 46515 Tax Key # 018 7171 6048 Tax Key # 018 7171 6047 Tax Key # 018 7171 6044 Brock & Anne Marie Berta William & Patrice Hindsley James & Jill Hillman 3025 York Rd 1343 Garland Rd 1404 Ridgedale Rd South Bend, IN. 46617 South Bend, 1N. 46614 South Bend, 1N. 46614 Tax Key # 018 7171 6043 Tax Key # 018 7171 604201 Tax Key # 018 7175 624501 James & Sara Radowski Rev Trust Nicholas & Tracy Molnar 1438 Ridgedale Rd 1452 Ridgedale Rd South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 7201 7338 Tax Key # 018 7201 7339 Uan E. Gates 1449 GnxLArm CIKCLr. Souza BEND, INDIA?VA 46614 ~~~~~t ~~9 ~®~~ T~~.~®~ Steve I.,nec~e City of youth fiend ~®~th ~end~ In ~6~01 AUG ~ ~ 2009 G..`~'+-=x 'iii-i =.,CS i~~i~ De~.r mayor IJuec~e9 ~'han~s for li~tenin~ to my account on the group home Manned for Garland circle. I aa~ sendi~a~ copies of mfr letter to the ~~~. board, a feet sheet liven out by mope mouse on their recent ~apen house and a list of the nei~h~ors mho are affected. We hope the mope ~®use ~°equest mill he denied at the ~~A level ao:d at the city council level. ~in.cereiy9 ~~~ ~ PHONE: (574) 291-3439 E-MAIL: VGATESLQAOL.COhi ~'il~d In ~ferk'~ ~fifi@c~ SEP - $ ~ ~c~~ vaa~,u~ e~° c«~,K, so. e~wv, t~. w-• ~',.-_ '~® the ~®a~°d of ~®ning Appeals youth ~eud9 In Dear ~i.rs, ~Te feel that yoa~ should turn down the ~-pl~h-cation for a group hon~.e filed- by Mope mouse. ~Tc are not against the girls mho mill be seared-, b~t~~re feel that this is not the place for a hone a.nd. that these are not the people to operate a hone for girls. The history of tl~.e pause at 1434 garland Circle is ~la~°gning. ~ co~tvicted drug dealer lived here for iuany years a.nd. sued a prison te~°~ while a~ni~.g this px°o-pe~ty. The roperiy was purchased by ~'edro burr®Ia io. 1)ecen~.ber of~2006. for two years the property was . . abandoned with broken ~indo~s, eaves falling down, leafing -roof9 a yard and la~-n that loop lil~~ a junll~yard. many ~: contacts -,~exe made by neighbors to the Code ~nforcen~ent Dept to get the prap~ up to code. l~otl~ng ~~~ done for two years until early this year when repairs v~ere started. ill this time the C-ur~°olas left this eyesore unitroved:.. what can ~e expect if this beco~.es a. group home business and ~e see this same hind of neglect? ~Te have a n~a~b~r of group hates nearby, one h®n1e oo. ~orl=~ Road is oily .2 of ~ e a.~xayo Two c~t~~rs ~:re uea by and a- rehab cente~° of 19~ patien.ts is .6 of ~. mile away. ~~~ post he~~e i~ that ~e have ~o~e ~~r pa~~ ~~ ~. ~eihhorhoo~ for ~~°o~p hoe~° e h~.~e piety he~°e. Pa~°~ ~~~ be ipo~~ible o~ oar ~~ht Attie circle ~rhich i~ c~°o~decl ~be~ fi~c c~r~ pa~°l~ the~°e. ~~ ®pe~ ha~~c~ ~~~ held. at mope ~oa~~e c~~ ~.~~~~t 1~ ~~d ~e~eo. or amore neihhar~ atte~ded.a mope ~o~~e'~ ha~do~t th~.t day ~ho~~ that around ~~ people ~~°~ i~~ol~xed aid be co~:in~ and ~oin~ ~~ ~a~°i®u~ ti~.e~ plus ~ri~itor~ and - d.elive~°ie~. 'T'here i~ ~o pa~°~ fo~° tb.at d of ~aff~c on arla~d ~ircl~. ~~ h®pe that the hoard gib. co~~Fdc~° the proble~~ that mill be ~ene~°ated when these ~hica.~o people corn~e i~ aid ~ta~°t ~. b~~ine~~ ~ o~~ neighbo~h~ocl.. 't'he ne~hhQr~ here are p~i~a~°a~y long time ~°e~id.eat~ who ay the ta~e~, volantee~r and ~er-~e the ca~~nnit=y p an ~~ nd~ of boa~d~ and cha~'itie~, ao.d support the city in ~ax~y v~~.y~. '~Ve ~~h th~.t you co~ider the negatives that this p~°o~ect b~°in~ for ~~ and. for the city. man and Jean ~ate~ 149 garland circle youth ~en~. ~-~ . 11.®A iJ ~®~~~ ®li. "'L/1 ~1~Ar71~~ ~~~~~ ~~~~ C7 HOME OWNERS- PEDRO/LASIION/VERONICA GURROLA a HIiO BOARD MEIVIEERS ~ C~-~ -` ERIK DINES-PRESIlIDENT LASHOIAI GURROLA ~TCE PRESIDENT i ~ RUTH ERIlVIIVVlER-SECRETARY , ~ f DR. I.'TIIEGBIJI~A~ ADVISOR tIJ DR IA~ON CASTATOR ADVLSOR ~ ~ ~ MICHAEL SLMPSON-QUALITY ASSUrRANCE -~~- -~ VERONICA GURROLA-TREASURER J _~~~~/ a PROGRAM-GROUP HOME FOR GIItLS AGES 8-IS l~- LICENSING AGENT-PENDING WTI Il`~~A DEPT OF CAD SERVICES ~ ~ CREDENTLALS- ADMINISTRATO -GERTRUDE DAY-MA.S'IERS DEGREE PROGRAMASSIS~'-LASHONG O~RN(LlcsrlSUxE~t ILLINOIS AND INDIANA) 7YRS E30'ERIENCE WITH GROU~R pE7~IIZIETiCE~TTTH HOUSE MANAGER RUTH BRINIlvIER GROUPFiOh1ES) ~ ERIK IRNNES-BACHELORS DEGREE IN FINANCElBUSINESS_(sEVExAL~xs EXPERIENCE R~3NING sr~IALLC'-~'' BUSINESS) ' ~ r~~y~~~-~ hr' GOAL-TO PROVIDE SAFE ~RTURING CARE IN A FAMILY STYLE ENVIRO~~'T- TO ASSIST GIRLS WITH TRANSITION FROM THEIR NATURAL- EN~TROT'~ TO A STRUCTURED ~OI~MEN'I' THAT i;NHANCES GROWTH TOWARDS GOALS OF, COMPLETION OF SCHOOL, AND FAMB Y }~;EUNIFICATION. t Subj: l~v: lEmaui status red®rf Date: 8/2f12009 11:36:57 Ali. Eastern Daylight Time From: ~,7iiaCci'7_~rl;s;s_ccf~1 ' +~"Ii:C: j G_=a~ .118 L, TO: _ '"r y,, m` i_SCI}1T!L~il('~?i~.vrj1'r, ~i`iGQ~~_l~'Li~~ @~T11bP:~(Jfi1S1l-.C+Jill, ~e112{(71~~~5%C~i)Qi;c_i 7}•_.l, _ - - _ - ' ,~ ~ _I(J^'.,'~ tJL (-7~~=1.r'°+, $i~Ua.•?};/fi_t~~t7! ~5`1)CLIi_LJ.2.i.i(c~C, ~tjfitt~l'it !rJS2!~Cif•1Il.C:.'fl, jt;Q~_.="l - --=~5; ~._ .s.~- - -~ ~'. ( _ ;ti a ~' i:,l~~i_I:+3', ~1tETiiillu~CllC;llQfl~~%bril3ll.C~Cff1, +;~~5~(C±_201.C0~1, hill!I~If'i~11~T.~.ricn.COi~I, ,_~i1J'•~~S~:;C,],t. _. - .. -- '" ,- : •o ;._ •`' r;rOf:tC"1SI_~;vi, fc_~iI~J%Of1C~~?.~~{, . ~i7'.l~s_i[~."_. f'![`it~-~~GC}l. ~}Gf, :11, i{lHa)1_[r c;71Ji'J.Ln:11, '_df1 _~.'F.~'_~ff~~. .. .._ ...~~_. 'i' _V _ .. .. _ - .. ~ f ap.CCl'(}, ii fre :7(~~,0'.Ct:"fi '~-~t•~ctf}l'l~?f}:.vv^.rf;fr' !: n -. ..___._ _ ...-~ --_ uiO~/`'Oi'iG~~~5+?C;:IiOOai,i1•~.`t,;'y"~atl;:._.___ .. _- .-.. ...._.... ?:(}of;1(7!r~^.~o~,?~'-uf~{S':_orri, iir,~u~omr_~__t°t ~i{~i: 'Si!?iti~~'._ui°. Cj e:i_Cprr} - Hello again -- I've added contact information below far Tracy and Nick Molnar. -Original 1U{essage --- =7ti7:Yt: vu`.liCl t.= c'3ilarC{ :;t,~l l! ''.,^ i-t_y, !'~:~a,' r-.. .. ,. i_ g,:.•fFj,=r:rg^C~,f;,p'dLf?°I 'JiiT~'?ii:: ~'~ °r~ 11:iSi~f}c::;;~u~~;:.:Ci.t~,:..,i.~lci i~0: cf~1,7~.U,)'i i~._Ci•.11 , .=i~':_ : _- •. r ~ =` ! .. . _. c. _ ~alnc(ihl-c 1 ^~"^ __ ~{, n%; , w 'sal ' ~{ • -Atli:!f}~e+~7~''3SOC~ir~'Jal.f}.,,;, , ••I~~.i~.,?.y.c.^v..,,_ !-:i ; _i ~t~•`~. '.ii1~ J}cC( 11.t.U f}i ~ ~I ~+,~~,-77~: iC1iaL~.:~u(~!_L .~Cd.{'1~. , Ji:'~+:.:~ ~-_r ...:.:..i- n• _ - _ : •t ..~ n ~ ;~~(~ '-'il iC ~f]i71i.i.`'T t ~f?Crl i til;li_~`,]iC ['1 ; `-•vG_ZOC~~u ~~~yi~5.~1., f}cl , :i.'ln'~t _ .S`G iiti~iiilr.:~1n µ _?3s: •.cc11, ;, 3:. ..~'-s?cg--- -,.. . _, _. . ~ ' }. n~ ~~'}.f}°', a~21~_~:,8 i^ S:.P:ns iiJ!/Svi}i.v;~_i't^?7i:rE?u^l.'lI~ti~!-f~'~c;f.f.~Q!'T}, :. _ i~~c'iQ.~~ii's tC'cx~?~f'+nilf~?,^^17?-^c;~fi.i}~", C '~~.~t.~;^~ ..ia;.c.C^viat .~';C•{?lC,-,4i.n°~ Cc: Si2~ zSen 'mot=!_d•.^.r~ Sent: Wednesday, August 2S, 2009 12:39 ANi S~a6]~>`: Email stains report Hey gang -- here's a list of who we have so far: David & Jeanne Ballard 3215 York 233-5795 >2.ii~~r771m~i?•~3~+-[ i. ~ ~, ~ ~ ;, - t r,, o-g,~Y?~•i?~=~ ~--~>-~ : r~~ 291-2656 Kate ~ Warren Diltz 1454 Garland Circle , . . -. Joyce & Scott Skil{ern i44Z Garlantd Circle 1441 Garland Circle L ,~~i1r; ;_u!.,~+`~ni~i.F`r-'.?= Boh &Judy Schmuhl Editha Cohen Dan & 3013 York ::~cc,~"t?fir~ta.-,t~~'s~~=_I.~~` ' y , 3025 York . la`~~+:ip' ~lceie~tilil.C:7in - `~ Anne Laveri_y cey Noetzel a & St Jeremy 1448 Garland Circle nc2rzel%U{t71S~Srai~va'•_i?ct - y ( ? Ci qf'e~{ ~~1,~:~v'L~! :w=LC_:_J i~E_i Cii :=~L~i. G 1449 Garland Circle y~~~ly~((Ul:i^~.1.(1_fl1 ates Van & Jean 1404 Ridgedale ~"-~:"1'-"G~~'~n~~'~`° ames Hillman Jill &J 1343 Garland oar!~~~~-_s,;,, s ' -°~'~-'-'J`'''~'~` Pali & Sill Hindsley Anne Riordan & Don Wisniewski 1340 Garland •_: ~;M~~:Lclg~~{..r,^r .-~n~7 j ~- ( ` Siff & Jennifer Nolan 1326 Garland r,J ~nt`,~vt,~ ,_;r~ ~ .e.co - Ernie & Jane Nagy 3019 York Mary Kloska 1329 E. Woodside 1250 Garland' ~~ ~.'..-_~ ..'`. Jean Dennen 1220 Ridgedale ~=sz~~`~'=o! ~"~'~'' e` Razel Lerman 3104 Robinhood :,r ~; {•ne .;.~~~s ',;e~cu;s{~:.LJ`•{oba k Lisa Lerman f~larjorie & John Bycraf t 1316 Garland '","-"""=~?"~f•.''`-''r. ~ -~ i 3015 Robinhood ira-r=n:~a}_i,~--=+"'"--a'L=;~" Lbri &Tom Capannar Cheri &Tom Huntington 1335 Garland ?~n'}f?,.t!:('~}lEi~~~g~~a.i'.c~~~ Nick iz Tracy Molnar 1452 Ridgedale t^ic':~~--~uis`;3_~om Welcome to anyone who is new to this, and my apol ogies if I misspelled your name or got your -- for those who don`t have email, perhaps some of us can keep them in . ron dd g ress w email a Thursday, Aueust 27, 2009 AOI,: Vgatesl AREA BOARD OF ZOl`dING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fex: (574) 235-5541 September 3, 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 ABZA 9/2/09 Dear Council Members: The above referenced petition of Pedro, Veronica & Lashon Gurrola was legally advertised on August 16, 2009. The Area Board of Zoning Appeals gave it a public hearing on September 2, 2009, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception for a Group Home in a "SF1" District, on property located at 1434 Garland Circle, is sent to the Common Council with an Unfavorable Recommendation. The deliberations of the Area 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 GURROLA SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT l . THE PROPOSED USE WILL, NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT. COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will not comply with all building, fire, safety, traffic, and parking regulations as to not bein; injurious to the public health, safety, morals, and general welfare of the community. 2. `THE PROPOSED USF WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: T}~e variance or use will not improve the appearance of the neighborhood and could 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 this property just do not create a different situation for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITZ' OF SOUTH BE1~TD COMPREHENSIVE PLflT' BECAUSE: It is the feeling of the Board that the variance will not blend into the overall Comprehensive Plan and may be deviating from its intent. COI~TDITIONS OR REVISIOTIS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the Cit}~ of South Bend Common Council with an: UNFAVORABLE RECOMMENDfi.TIOI~T. ADOPTED this 2ND Day of.Au~ust. 2009 YES NO ® MICHAEL URBAI`'SKI ABSENT RANDALL MATTHYS ® JACK YOUNG ABSENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAV/LEY ® JOE vELLEMAN ;~~~~~ ~~~~~a ~®~u~Q~~a~~i ~~ ~~o ~~~~~~ ~ ~~~~~ John W. Byorni Executive Director 1 ~ 40 CoL~nty-City Building South Bend, Indiana 46601 Larry P: Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 August 26, 2009 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: ~t~~~'~ ~~~F~~~ Rt]G ? ~ 20~~ d~taif~ VCtQt~~Dc 14~. The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday September 2, 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances: A variance from~any of the development standards of the Zoning Ordinance may only be , approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) the use crrtd value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) the strict application of the terms of this Chapter would result in practical difficulties in the use of the property Chapter. 1. The petition of I)el 1l~. Hensley The Staff recommends denial of the requested variance for an accessory structure without a primary structure. By definition, an "accessory" structure cannot exist without a primary structure. Accessory structures without primary structures may tend to convert to, and be used for, non-residential uses. In the past, the Board has occasionally allowed an accessory structure when if was the intention of the petitioner to build a house and the accessory structure was used to store materials and equipment. In this case, the petitioner does not intend to build a house on this property. It appears that it is the petitioner's intention to build a personal storage building in the midst of asingle-family area in which he does not reside. 2. 'Tlae petition of Vilrie 1~'Iason and lllr~sion Salon Spa. The Staff recommends denial of the height variance. The request for 25' in height is more than 3 times the allowed height of 8'; a 212% increase. Variances for increased size undermine the intent of the sign ordinance, and requests should have a clear relationship to unique site conditions beyond the petitioner's control. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". This sign would be a visual barrier and distraction to the busy intersection at Ironwood and Edison 1Zoads, and may very well shield the building and sign at the southwest corner of the intersection. R Serving South Bend, Lakeville, Nevd Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana L ~..,_ ~. 6. The pe$i$o~Il of 1Larry doe end )[~osalie A IM1c~Cay aIlad If~onalld ~ Cynthia lL. IVIcCay. The Staff recommends approval of all variances. This configuration seems to preserve the largest amount of agricultural land. Due to the location of the existing houses, the Staff has no objection to the frontage variance. ~. The pe$Il$IlOaIl of 1~oah Varnalls, Torn of IQTew ~CaIl'lisle. The purpose of setbacks is to insure that structures do not negatively impact the use and enjoyment of adjacent properties. In this case, the adjacent property is a public right-of--way, with the maintenance of that right-of--way the responsibility of the Town. Having a structure on the property line will require extra diligence, and exposed liability, on the part of the Town at the time that the alley is re-graded or perhaps eventually paved, to insure that no damage occurs to the structure. 1®. The petition of ~aa$o done. The Staff recommends denial of the variance. This property in within INDOT's construction area for the State Road 23 road project. Since the entire site is being redesigned, no hardship exists. It is possible to design the site and maintain the 15' front yard setback. Only 26 parking spaces are required (3.5 spaces per 1,000 square feet of retail space), yet 46 are provided; more than double. If the 10 spaces within the front setback were eliminated, a variance would not be needed and the number of parking spaces required would have been met and exceeded. The maneuvering aisle width required is 24'; yet is being shown as 30'. An additional 6' would allow fora 11'6" front yard. The building could be moved the additional 3'6" to the north and a variance would not be needed. 12. The petition of Portage 14~Ianor. The Staff recommends denial of the variance. The placement of the new sign is clearly visible and the recently completed new intersection will help to identify the entrance. While visiting the site there were no perceived obstructions to viewing an appropriately sized sign. The proposed sign will be 225% taller and 335% larger then allowed. When the new sign ordinance was passed in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and improve the appearance of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property ". Special (Exception) Use: A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (I) 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 (St..Ioseph County and City of South Bend) Comprehensive Plan. 15. The petition of Pedro, Veronica and I.ashon Gearrola. The Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation subject to the use as defined in this petition with regards to the number of residents, the type of residents, and the type of services provided. The description of the proposed use appears to meet the standards for granting a Special Exception. 1~. The petition of Jr~IAdS and ,UacqureIlyn Ra~cker. These properties are located within the Chapin Park Local Historical District and the Chapin Park National Register District. The Historic Preservation Commission identified the house located at 309 Marion as a contributing structure in 2005 and therefore the house cannot be removed without the approval of the Historic Preservation Commission. The full comments from the Historic Preservation Commission are attached. Therefore the Staff recommends that the petition be tabled until the Historic Preservation Commission can fully review this petition. In the event that the petitioner does not want to table this matter, the Staff would recommend that this petition be sent to the Common Council with an unfavorable recommendation. 1'~. 'The petition of 'Taste off Mexico. I~evisecf petiti®sz. The Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. The Staff's approval of the front yard variance is subject to additional landscaping along Western Avenue. The City and the Western Avenue Steering Committee have been working to green the corridor and enhance the pedestrian environment. A Low hedge plant would add a green buffer along Western Avenue but be low enough to not block site distance for safety. Staff would note that the northlsouth alley to the east was vacated in 2005, adding an additional 7' to Lot 827. The variance for maneuvering aisle width is no longer needed. If the east/west alley to the south will be used as ingress and egress from the parking area, the City Engineer requires it be paved from Kaley Street to the eastern boundary of the property. 18. `The petition of Louis and Sonnie Smith and Walsh Construction Company. The Staff recommends that the Special Exception Use be sent to the County Council with a favorable recommendation subject to the standards of Article 8.02.OI.A.2.m. It appears this petition meets the size and setback requirements. The Staff is unaware if an indemnity agreement has been filed, a requirement prior to approval and construction of the borrow pit. 19. The petition of Stephen Dragovich. The Staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. It is the long-terra goal of the Northeast Neighborhood Council to return the neighborhood to single family uses. The projected land use plan in the Northeast Neighborhood Development Area Plan (2003) identified this block of St. Peter Street as single family home ownership preservation. Granting a special exception allows a group residence permanent status. The other legal non-conforming "boarding houses" on this block will revert back to single family homes if the non-conforming use is inactive. The property is pending rezoning to MF 1. The rezoning will be heard at the September 15, 2009 Area Plan Commission meeting. Sincerely, Christa Nayder Planner y _ .~ ~, ~- PEDRO, VEROl®TICA AlelD LASH0101 GURROLA ~' ,{ The petition of Pedro, Veronica and Lashon Gurrola seeking a Special Exception for a Group Home in a "SF1"District, on property located at 1434 Garland Circle, Portage Township. Zoned "SF1". This was tabled from the August ABZA meeting. MR. MIKE DANCH: Danch, Harner & Associates, 1643 Commerce Drive, South Bend representing the petitioners, Pedro, Veronica and Lashon~Gurrola. What we're asking for, this is a little different than the variances that Mr. Fedder had mentioned, we're requesting the approval of a Special Exception to allow for a group home at 1434 Garland Circle in South Bend, Indiana. Presently the property is zoned "SFl" which is single family and two family zoning family classification. Under the City's guidelines the proposed group home is a permitted use but as a Special Exception under that particular category. The site itself, the home sits on a cul-de-sac lot. It contains approximately 0.60 acres of property. The house is two stories with six bedrooms and five bathrooms and has an approximate living area of 4,000 square feet and it also has a three stall garage. Those are kind of reflective in the site plan that we gave the Board members for their review. The Gurrola's desire to have their group home which would allow for a maximum of eight girls to reside at the residence. The ages for the girls that would be at this particular group home go from ten years old to eighteen years old. The group home would be licensed by the State of Indiana. The Hope House organization, which I gave you a handout that shows the members of the Hope House organization, who they are, the officers and kind of what they do. And which Lashon Gurrola is a Board member. She's actually a Vice President of the Hope House operation. Lashon is also a registered nurse. She's licensed in Indiana and also in Illinois. She has seven years experience with group homes. And what we would like to be able to do is the girls that would be at this particular group home primarily are going to be from St. Joe or Elkhart County and they will be in the custody of the State of Indiana. The girls are from homes which basically have been determined by the State that the girls are either at risk from either parents or guardians that have created an unsuitable environment for the girls due to either child neglect or abuse situations and the State have removed the girls -from those particular homes for their safety and well being. At the group home the girls will be supervised by Ruth Brimmer and her husband John Newell. They will be the house parents for this particular group home. . Ruth and John basically will be with the girls on a 24 hour basis at this home. Ruth has five years experience with working group homes and her husband is a retired Cook County police officer and he also has experience working with young girls and boys. The girls that would be at this particular group home would go through an admissions screening process through the Hope House organization. And that determines whether the girls would be suitable for this particular home. They would only be accepted if they do not have any kind of gang affiliations and this is the kind of things I put in the petition. Any kind of emotional issues that would require ,{--t~,i ~ 11 ..~ Li` ~/-A_. ~J~fi. - ~ .~ E ~ ~ F~aS ~ , ~ -,~. "-. ~f ~` ?R ~:r r ~c' 4.` ~. ~.J ~ ~' - Area Board of Zoning Appeals -September 2, 2009 amore secure type of environment than this group home. They also would not have any tendencies towards suicidal thoughts or those emotional disturbances, any kind of drug addictions or basically any kind of substance abuse. So that's the screening procedure that Hope House uses for this group home. The girls would attend schools in the South Bend Community School Corporation or private schools in our community. And what the house parents would end up doing is they would help them with social manners, cooking skills, using computers, also teaching them how to use household personal budgeting, money management because the girls range in the age from ten to eighteen. They would help them with those types of skills for transitional purposes. The whole goal behind the group home is first and foremost is to allow the girls to go back to the families that they came from. If that's not possible then there's a transition that they would go through as they get older and the program that they use and the skills that they teach the girls would be used later on as they grow older so that they could live independently. And that's the type of thing that they look at doing. By being at the home the house parents are just like regular parents. They would help the girls with their school studies. They would also help the girls with cultural arts, painting, music appreciation and things that parents do. They want to give these girls a stable environment. The main point for the girls that are here, if they are going to go for appointments or something, the house parents would take them to those appointments. There's no services provided on site. We've had discussions with the Building Department staff and the staff attorney on this, so there can't be any therapist on site, counseling on site, those will all be done at another location. So mainly this is just a group home for the girls that would have the house parents. Theirs is no additional traffic that would come to this particular group home. I think I read some of the remonstrance letters that there was a major concern for the increase of traffic on a cul-de-sac. The only vehicles are basically by the house parents. They only have two cars that would be at this facility. There's no deliveries being made. There's no therapists or anybody coming to this particular house. The other homes that are on the cul-de-sac would actually have more cars in their driveways than what we would have in ours. The full appearance of this home is going to look like a single family home. That's the whole point of what we're trying to do here. The importance is to give the girls a secure environment from where they were. The main thing that this group home is trying to do, is they take them out of the unstable environment, which by no fault of the girls, they were removed from and because of that the main point is to take them somewhere where they can live in a secure, safe environment where they'll still be able to have their childhood and still they'll still be able to grow up and learn how to become independent, that is the main goal here. There is no other one, that's what they would like to be able to do. Because of the way the zoning ordinance reads, we're asking for that approval or favorable recommendation from this group to go to the City Council. It's required even though it's a permitted use under the "SFl" category, it's a Special Exception and the way we've laid this out we hope that this Board realizes that what we're asking to do is not going to be an intrusion to this neighborhood, it will just be like a single family home with house parents and children and if you have any questions for me, I'd be glad to answer them. MR. PHIPPS: Mike, who did you say the house parents would be? MR. DANCH: Ruth Brimmer and John Newell. MR. PHIPPS: In this statement that vas passed out to us there are several other people listed as having positions as administrator, a program assistant, it looks like a finance and business manager or something. Are these people full time on site? 9 Area Board of Zoning Appeals -September 2, 2009 MR. DANCH: No. And that was one of the discussions we had with the Building Department staff. The only people that are on site Jerry at this group home are Ruth and her husband John and the children. That's it. There are no other people on site. Lashon Gurrola will speaking in favor of this in just a few minutes and she'll explain how the State regulates the group homes. Mainly, my understanding of how the State does the Group home is in order to be licensed by the State there has to be an entity that will oversee the group home. Hope House organization has been set up as the entity. They report to the State of Indiana on the operation of the group home. There are reports from the house parents to the Hope House organization and then they give those reports to the State of Indiana. So all those people that you see have to have certain accreditations by the State of Indiana: They have to have an educational background that's required by the State of Indiana at a minimum with some experiences also with group homes. And that has to be approved by the State. The group home can't be setup and licensed by the State unless that also happens. So those people will not be at this house. They are basically the administrative officers that the house parents report to. MR. PHIPPS: Does this group operate several of these group homes then in other locations? MR. DANCH: I'll Lashon, as my understanding right the Hope House organization that they setup is for this group home. MR. PHIPPS: These people and other administrators would be just part time that would provide services to them? MR. DANCH: As required by the State of Indiana. MR. FEDDER: Let me follow that up. If I read this correctly, are you saying all these people on this HHO are people that will not visit the site or ...? MR. DANCH: That's correct. MR. FEDDER: Alright, there's one that's got a house manager... it seems to me if she's a house manager she'd have to be there? MR. DANCH: Well Ken she's one of the house parents. MR. FEDDER: I thought it was just Pedro and ... MR. DANCH: No, no. Pedro, Veronica and Lashon are the ones that own the property. MR. URBANSKI: Will they be living there also? MR. DANCH: No. MR. FEDDER: Are they selling their house or renting it or what's ...? MR. DANCH: No. They will still own the house. 10 Area Board of Zoning Appeals -September 2, 2009 MR. URBANSKI: Has this been purchased already or is this contingent upon this? MR. DANCH: No this has already been purchased. I believe they've owned it since, my records indicate January 10, 2007. Just to give you a little background on and I know hopefully you've read some of the letters from the residents, now I don't know if all that's true but apparently there was either a drug dealer that owned this house prior back in 2006 or maybe even before that. Apparently obviously they were incarcerated, went to jail, however that worked out. The house I believe was foreclosed. I don't know all the exact details and I'm sure maybe somebody else knows a little more about that than I do about that. The house sat vacant for quite a period of time. The bank didn't do anything with it. It went into complete disrepair. They picked it up at a distressed portion because I think the bank wanted to get rid of it. And then from that point forward it took them probably about 18 months to almost 2 years to just fix everything that was wrong with the house because it was in such a poor condition. Now they kind of fixed everything up and that's the point their up to. MR. FEDDER: The other question I had is attached to this Hope House is a number of letters that appear to be in support of the petition. MR. DANCH: Okay. MR. FEDDER: And these letters appear to be people that not either in close proximity to or live here or maybe some place in South Bend. Somebody lives on Eddy Street. Somebody lives on Roundtree Place. Somebody lives on Ostego. I guess my point is the people that are speaking in favor of this are not residents in conjunction or close to the project. Am I correct? MR. DANCH: The letters that I saw Ken, the same ones that were sent to me by Carolyn, I saw those too. I think they are familiar with Lashon Gurrola and her background.. . MR. FEDDER: So they're speaking more to the operators than they are to the ... MR. DANCH: From a community aspect of it, that's what they were taking a look at. Not that they were next door rieighbors to what was going on. MR. HAWLEY: You mentioned that the girls would be age 8 to 18? MR. DANCH: No. Actually it's 10 to 18. When you took a look at that Hope House organization, the way we've set our petition up and the way we described everything, the girls would only be from 10 to 18. MR. HAWLEY: And would there be a maximum number of girls that would be there at one time? What would be the maximum? MR. DANCH: The actually maximum number and again it's part of our petition is only 8 girls and that's it. They can't have more than that. MR. HAWLEY: They could have 6 or they could have 4? 11 Area Board of Zoning Appeals -September 2, 2009 MR. DANCH: That's exactly it. MR. VELLEMAN: And you said that the girls will be removed from a poor home situation. They could not have problems themselves that need to be worked through, put it's possible? MR. DANCH: The way that Hope House organization and Lashon is setting up this particular group home, they're going to be able to screen those particular girls that would come to this house so that they can determine whether the girls would be acceptable for this group home. There are other types of group homes, other types of programs where girls with different kind of problems, maybe drug abuse or something like that, they would go to those type of facilities. That's not this particular one. They want to be able to say who can actually come to this group home. And then that gives them the ability to help those girls. MR. URBANSKI: Area Plan anymore comments? MS. NAYDER: First of all our comments are based on from a planning background and from what we can tell as presented this fits the definition for group home as it is defined within the zoning ordinance. Also we are basing our decision on those four criteria above also from the zoning ordinance. MR. URBANSKI: Before I open this up for public, I want you to understand that this Board is to make a recommendation to the City of South Bend Common Council. So what we decide is a recommendation. Our recommendation can either be, send it with a favorable recommendation, send it with an unfavorable recommendation, or send it with no recommendation. Just so that you understand that this is not the final point on this. The South Bend City Council makes the final decision upon this. At this time I would like to open up the public portion. IN FAVOR MR. ERIK HIKES: I am the president of Hope House organization and I live at 4418 S. King Drive, Chicago, Illinois, 60653. Before we get started let me have my partner, Lashon Gurrola correct some of the points that were asked earlier to council that were incorrect as far as would we be on site, the number of hours that we work and so on and so forth. MS. LASHON GURROLA: 835 Southeast Ave., Oak Park, Illinois. And please let the record show I have separate residence here at 144 W. Pokagon Street, South Bend, Indiana. First of all I would like the Board to know how this project came to be here for this group home. I basically did a needs assessment in the county, in St. Joe County. And based on information and data submitted from LaCasa Department of Child Services and other such groups such as Juvenile Justice Department, they indicated a strong need for this program. In the package that was just distributed you'll see letters from LaCasa program, Women's Care Center, Juvenile Justice and a couple of other county governmental agencies just indicating that there is a need in the county. When we were looking for support for this project, as you stated sir a lot of the addresses may not be directly in that Ridgedale area, but because this facility that services girls from the county we felt that it was very important to get the, you know, support of general in the county. So a lot of these supporters are not right there in that little cul-de-sac circle. In addition we have applied to Indiana State for this application and we did put the application on hold pending the final approval for the Special Use. Prior to putting it on hold we 12 Area Board of Zoning Appeals -September 2, 2009 did receive a preliminary approval from the Health Department that the facility is up to standards and up to code to run such program. Indiana has an I.C. code 465 to which we must adhere to as far as qualifications of operating a group home. The entity Hope House was setup because the State mandates that you setup an organization or an entity to operate a group home, therefore, Hope House Organization was setup. The administrator has to have a masters degree, which we have copies of transcripts from Chicago State with a masters degree in community Counseling and a minor bachelors' degree in Psychology. Per Indiana code in your paperwork towards the middle of the page you'll see that those are the state requirements. As far as the house manager and the parents there, they would be on site 24/7, however, the Board would not hold meetings there, the Board would not regularly visit the location. But there is an amount of supervision that is required by the State so Mr. Danch had just a little bit mis-communicated. I will be a facilitator working with a State agency so from time to time there will have to be some type of communication at the location. Probably less than once a week. Most of the visits can occur off site. The State, you'll see an annual review. Setting up such a home they are strict in what they expect. I have no doubt on getting final license, pending the outcome, finally of getting the Special permit, that we'll be able to meet all of these qualifications. So to make a long story short, in your packet you have the credentials, you have the nursing licenses, you have the degrees that are required by the State to operate this program. The girls initially, we applied for ages 8 to 18, due to concerns that we heard from our neighbors resulting from an open house that we held, we decided to change the age requirements to 10 because if you have girls under the age of 8 you need additional direct care staff. So we're trying to limit the amount of people at the home, limit the amount of traffic and took into consideration what our neighbors had to say about that. So that is why you'll see some paperwork says 8-18, some says.10-18. We changed it based on the community and the feedback we were getting. MR. URBANSKI: I have one question if I may? On the Board members of the HHO, are most of them local? Meaning St. Joseph County, Indiana or out of this area? MS. GURROLA: The majority are out of the area. I have been, and there's been some mis-communication about where I reside and what I do. I'm originally from Chicago and I've maintained a residence here since the end of 2005. I was traveling back and forth to do what I do and had a spin out on the expressway, so at that time I decided it would make more sense, since I'm spending two or three days a week in the area, to purchase a place to live because I come and go every week on a regular and that's been the case since 2005. MR. URBANSKI: So you're local but the majority of the others are from out of this area? MS. GURROLA: Correct sir. That is true. We had to set the Board up to meet the State requirement to have an entity to oversee the running of the home and then the State would oversee that the regulations are followed as stated in the code. MR. URBANSKI: Question that I have, is how did you chose the location where you are at or where you propose, Garland Circle? MS. GURROLA: That was a home that was purchased by my family. So I just decided to.convert it and use it as such since I already had ownership of. When the property was purchased it wasn't for the intent of a group home. That just came about later on. 13 Area Board of Zoning Appeals -September 2, 2009 MR. URBANSKI: So did anybody live in it from your family then for awhile? MR. GURROLA: Yes sir it was maintained as a second residence. I already had a residence prior to. My daughter got married and subsequently wanted to have her home here. Her husband is local from here. The home was purchased for her initially. She in turn went into the Air Force with her husband and my husband and I basically took it over from there. I spend roughly two to three days a week in the area. Not necessarily in the home because I do business in other cities and am involved with other things in the area. So that it came to use that home because of the State requirement and the amount of space, I thought that would be a good choice to use. MR. HAWLEY: The property is titled in your name? MS. GURROLA: Yes sir, along with my husband. MR. HAWLEY: And do you also have a home, for some reason you mentioned Pokagon, do you have a home there, rent there? MS. GURROLA: No, I have a home and that's my second residence. I'm here in this city twice, three times a week. I need a place to sleep in the winter because of the wear and tear of going back and forth was becoming too much after my spinout on the expressway on ice. So my husband and I thought it would be safer for me to have the residence here and have the family together part of the week here, and there. MR. HAWLEY: Is anybody living in the property here now on Garland Circle? MS. GURROLA: Yes sir the house parents for the program, Ruth and John. MR. FEDDER: Let me see if I can ask a question strictly about funds. Are we having funds to operate this from the State of Indiana? MS. GURROLA: Initially funds for the program need to be provided by Hope House Organization and a four month reserve. Ultimately because the young ladies will in the custody of the State, then they will provide monetary for the care of the girls. MR. FEDDER: Will there be any monetary expense to the County? MS. GURROLA: Will there be any expenses to the County? MR. FEDDER: St. Joseph County? MS. GURROLA: Only to the extent that the girls will already be... MR. FEDDER: I mean these girls have to be clothed and have to be fed and I don't know if they're going-to go to our schools... 14 Area Board of Zoning Appeals -September 2, 2009 MS. GURROLA: Yes sir the girls are going to have to be clothed and fed but the issue here is that the girls are already getting clothed and fed by the county. They just have no place to live. Maybe they are in an unsafe situation. The State has already taken custody and they could be wherever that is, either another institution or another group home or their relatives, I'm not sure. It could be a various different placement where they come from, but they would already be in the county's care, per say. So there would be no additional .. . MR. FEDDER: What about automobiles: God forbid my granddaughter turns 16 '/z and drives and I stay off the road, but you have an 18 year old girl, could she have a car a live there? MS. GURROLA: Sir we would not be purchasing vehicles for the young ladies. The house parents would... MR. FEDDER: What if some stranger wanted to purchase a car for them, could that girl live there then with that car? MS. GURROLA: No sir. No sir. At the point of transition out she may get a vehicle as she's transitioning out of the program but living on site no additional vehicles. MR. PHIPPS: Are you or this organization or the people that is part of this organization operating other group homes either in Indiana or elsewhere? MS. GURROLA: No sir. We're not affiliated with any franchise. I understand that there may be some similar names, Hope House Organizations in other states. We have no affiliation. We operate no other group home in this area or anywhere. MR. PHIPPS: The people that you've listed as being a part of the organization ... MS. GURROLA: Board members, yes. MR. PHIPPS: Do they serve in similar capacity for other group homes? MS. GURROLA: Yes Dr. Jason Castator does. He serves on a Board a medical director of a group home but that's not here in the state and it's nothing that I'm affiliated with with him. That's totally separate from Hope House Organization. There are no plans to sell the house or the business or franchise or such ideas like that. MR. PHIPPS: Your organization, Hope House Organization is strictly for this one group home? It's not for a chain or ... MS. GURROLA: No sir. Just this location, 1434 Garland Circle. MR. PHIPPS: I guess the thing that really surprises me is that I don't know a whole lot about the system. I've have learned a lot in the last six months because my wife's become a court appointed special advocate and she's working with some kids that are in foster homes and I know a little bit about how the system people 15 Area Board of Zoning Appeals -September 2, 2009 become custody of the State. But it would surprise me that the State would be paying enough per child, with the number of children that you have there to support a home of this size and to pay the staff that you're talking about and to make that a break even operation. MR. PEDRO GURROLA: Actually the way that it works is that we actually put the numbers together and budget is submitted to them. So we actually tell them these are the expenses we think we're going to have, here's what it takes to operate the group home and it's submitted to the State. MR. PHIPPS: The State can pays more for children in a group home than they do for let's say somebody in a foster care with a regular family? MR. GURROLA: We're not sure. MS. GURROLA: In general they do but the problem here is that it's hard to place older children. I don't know how much you know, when you said not too much about the program, but with CASA it is more difficult to place children in teen years. Most families when they take a foster child in they tend to want the younger children. So then you leave unserved population because they're not getting service. You have in this county girls that are in juvenile detention, not because they've broken a law but because there's no group home or proper placement or foster home that will take them. So the whole desire already had but the placement and the choice here is because of the need that CASA, DCS, juvenile court system has indicated to me there is a strong need here. So therefore I decided to proceed with the program here. MR. FEDDER: Now will these young ladies attend our schools? MS. GURROLA: Yes sir, local ... MR. FEDDER: Now would that require the various school buses depending on where they are to pick them up at that house or will you deliver them to the schools? MS. GURROLA: As with any kid on the block whether the bus stops at the corner or up the road, however it's done. MR. FEDDER: I'm with you but would you're organization take these girls to schools or would buses pick them up and take them to school? MS. GURROLA: If it's such that the grade schools, because I have to answer differently, grade schools would be different than high schools. High school most of the kids can walk to a local common stop and get picked up, so that's what the girls will do. MR. FEDDER: Alright. MS. GURROLA: The younger kids, may need some supervision or may need to be dropped off or they may be able to walk if they're not in need of any special services but that would be coordinated with the social Worker from Hope House along with the along with the case worker or guardian from the State. 16 Area Board of Zoning Appeals -September 2, 2009 MR. PHIPPS: If I understand correctly the State, you will submit your budget to the State and the State would approve that and pays ... MS. GURROLA: My application process sir was put on hold pending getting all the proper legalities here, like the Special Use permit so... MR. PHIPPS: So you're not positive that the State will really pay you enough to operate this? MS. GURROLA: That could be an assumption but I can't say that to be a fact sir. The home ... MR. PHIPPS: At this point your budget hasn't been approved by the State? MS. GURROLA: That's correct. But up to this point I've ran group homes and the house is able to be supported and continue as such regardless of what the State is willing to pay or do. I'm just want to provide the service. I don't know how that sounds but that doesn't matter. So if they come back and say we can afford $50.00 a day to do this program. I just want the license sir whatever the State wants to do past that, so in other words my budget will be submitted and whether or not they approve whatever amount I still would like to proceed with the program because I'm more on the social service part of it, not the money making part of it. MR. FEDDER: Where does the rest of the money come from? If it's a $100 a day and the State approve $50, do you have to come up with the other $50? MS. GURROLA: Pretty much that would be the way it works sir if that were the case. And like I said initially for the first four months there is no State funds at all ... MR. FEDDER: You would have real estate taxes. You have insurance for the house. MS. GURROLA: Yes sir. Since 2006 I've maintained that mortgage and insurance and property taxes and everything else, lights, gas, so that will be maintained regardless of what the State is paying or doing. MR. GURROLA: I would like to speak on that for a minute. When I told you we submitted a budget, that budget is actually submitted on an average of what the State is paying. So in that particular budget, you use that $50 a day, that is not a correct figure and in the budget I submitted we used the average from last year of what the State paid per day per child, but we were able to operate under what they were paying as an average. It is very unlikely that they are going to not approve that average because we were on the middle of the low end and we showed that we can still run with a little less than what the average was per last year. So that's totally ... MR. FEDDER: Mine was just a hypothetical figure. It could have been a $100 or it could have been $10, my concern is that if you don't have enough money funded to you, that means the program suffers or somebody has to ... 17 Area Board of Zoning Appeals -September 2, 2009 MR. GURROLA: We have the reserves to run the program for the allotted time until the funding comes in from the State. The requirement is four months of reserve funding. Like I said due to the per diem averaging which they've had we able to run the program. So I know it is a hypothetical, but that's a real low hypothetical. It's just not ... MR. FEDEER: Going back to one of the other questions. It's my impression we have other group homes here in St. Joe County and I don't know how they're run whether they're run privately or through CASA or but I'm sure my impression having dealt with the criminal justice system when you do have girls or boys homes for children that need special attention, maybe not operated by your organization but we have two or three over in the downtown area that we've passed on recently, so I mean this is not unique to St. Joseph County this house you're talking about. We have similar facilities is all I'm saying. MR. GURROLA: Yeah we understand that and our feed back actually came from the community that the services are still needed. We understand that you do have group homes and we applaud you for that but the community is underserved. And this wasn't our assessment this was by the executive director for the CASA program in St. Joseph. This assessment came from Linda Graham from the DCS in South Bend, the director of Women's Care Center ... MR. FEDDER: I have no doubt about that sir, I'm just saying that, somebody was asking whether or not if you had any other organizations that were involved, I say we have some in St. Joe County that doesn't involve you people but other people. MR. PHIPPS: Are there other group homes that are specifically for children in the custody of the State? MS. GURROLA: Yes sir. I would like to make a clarification, the way the State licenses if you're operating ten beds or less, they consider that a home. If you're operating ten beds or more it's considered an institution. So it very well maybe sir that some of the locations that the county already has, there are institutions because they have more then ten beds. Those are usually more of a secure lock down facility for behavioral, not a home in a community setting like a family style group home. MR. PHIPPS: Children you would get in your facility would be people that would otherwise if there's a family available be going to foster parents or something like that? MS. GURROLA: Ideally when the decision is being made on the placement of a child, the judge, the social workers, with the guardian do what's best for the child. Some children may not do well in an institution, meaning a large group of kids in one place. So children won't do well in a foster home. They need more structure. This will be a structured program that would allow for therapy's that are needed. Anytime you remove a child from their natural environment you're going have some time of emotional, whether it's depression, whether it's anxiety, their goals slip, there's going to need to be an intervention. Hope House will have treatments plans but individualized so I can't give you a one group plan. It will be individualized. Every kid does not do well in a foster home setting. And again right now there is a need for foster parents in this county. They would like more foster parents. So in the meantime.you have these children that aren't being placed or being misplaced just to put them somewhere and it's already on the States budget or tab if you will because there isn't a home to place them. This county sends girls to facilities out of this county that they send 18 Area Board of Zoning Appeals -September 2, 2009 teenage girls to because they have, because they don't have enough girls group homes to handle the population right now. So this would be servicing that need. MR. URBANSKI: Anyone else wishing to speak in favor of or asking questions of, please come forward. MS. SHERRY CODDEL: I live at 116 Westward Ho, it's in North Lake, Illinois. Lashon and I have been talking and I asked her if I could come today. I was an abused child. I ended up in a group home. I then moved to foster care. It would be in my eyes a great benefit for anybody that age that can get that kind of help because I was physically and sexual abused as a child. There's too many times that kids are overlooked and they are put into institutions and I was in one. I was fortunate to have a counselor that was able to help me realize that there is a lot of good out there and helped to know where to find it. It also helped me when I wanted to find a foster home when I was a teenager. It's really hard to find a foster home for a teenager. Lot of people don't want to deal with them because they come with a lot of baggage. Through my foster mother and foster father they helped me continue to grown because I did not want as a mother to become the same as what my stepmother was to me. And fortunately my kids were never abused. There's a lot of times where children don't find that light at the end of the tunnel and they turn out the way they are brought up by their peers. And it's my belief that with Lashon's program will be a great benefit to those 8 kids that really need the help. And that's why I came today. I also work with her at Elmhurst Hospital. I've been there 22 years. Lashon has been there 10. In that time you get to know a lot about a person. We've also been through a recent program through work where we shared a lot of personal things about each other and one of them was my experience as a kid. She shared with me her passion to do this for other children, so that's why I'm here to support her, to support the cause. To support kids that are like me that don't deserve to grow up like that. They don't deserve it one bit. They need our help. They need your help to try and give them a good future. To help them transition from the bad to what's good in the world because I didn't know anything good until I was in a group home for a little while and then I transition to foster care because I became a ward of the State of Illinois at the age of 15. So I was abused from the time I was 7 until the time I was 15 so I didn't know anything else but that. REV. CARL TAYLOR: I pastor the church on the southeast side of South Bend, 137 E. Indiana Ave. Congregation of 700. I'm in support of the home because one, it allows young ladies to see the world from a different lens for a chance. To purchase a home in that neighborhood, which is a lovely neighborhood, and I can understand the neighbors concerns but what the happens is the neighbors as well as the residents will allow girls to see that they can set goals and reach them and allows them to leave from outside an environments that would trap them forever. What this homeowner is trying to do is really trying to enhance kids and give them better structure, to give them direction and to let them see that they can live in neighborhoods and be successful everyday in life. So that's my support as a pastor. I talk with young ladies always that have walked through this particular phase and journey in life and they struggled because at a certain age they were just cast out and so then ended up living on the streets and then they end up living at maybe the Women's Y and they struggled with drugs but in this particular setting she's going to capture a young lady to give her a foundation so that they cannot make a bad decisions. And if they screen them the way they say their going to screen them and with the residents in that particular neighborhood kids can go to school and become great just by applying the basic principles in their life. 19 Area Board of Zoning.Appeals -September 2, 2009 MR. HENRY DAVIS JR.: I'm council member that represents the second district in the City of South Bend with offices on the fourth floor of the County-City Building, 227 W. Jefferson. As you were talking earlier I heard a comment about there are a lot of group homes that's closely to the downtown area. Those group homes are in my district, the district I represent. And I'm not opposed to group homes. I think they're great when they're run the correct way. I talked with Lashon a few times over the phone, spoke with her about her program and asked the right questions about when, where, why and how. And she was able to answer those questions. As many group home petitions come before the council, it's very rare when you have somebody who's as direct and honest as well as defined in their mode of operation. And so I applaud her on that. But one thing that I wanted to speak on really fast is the how we continue to understand that we want these things, and honestly there is a need for these things, but not in my neighborhood. Again just looking at the second district in the City of South Bend we have a lot of these things and so I echo with Rev. Taylor and what he just spoke about being placed in a different environment that doesn't look the same environment that you just came from because of the struggles that you had before will allow you to grow, will give you the understanding that's necessary. Now I understand the residents concerns as well. No one wants to be arowid a group home because of the all the extra baggage that may come with a group home or the stigmatism, but as the City of South Bend and not a side of town we have to start looking at the whole approach. What effects the west, effects the south side. What effects the south side, effects the north side. What effects the south side, effects the east side. We're all here together. To talk about it, it still takes a village to raise a child. So I would encourage you to approve this and let the council settle it. Thank you. MR. URBANSKI: I have six letters that were sent in. They are from a Terry Butura, Clinical Resource Nursing Supervisor, Elmhurst Memorial Health Care, Evelyn Davis, 424 Eddy Street, Natalie Lott, 5116 Rowantree Place, Barbara Jones, 848 Eddy Street, Delbert and Allison Swenson, 1309 Otsego Place, South Bend and Naomi Adams, I'm assuming from South Bend. Those are the six letters we received by either e- mail or fax to the council. So this ends the speaking in favor. Usually what we have and I understand you're directly involved, but your response will be at the end after what Mr. Danch has. REMONSTRANCE MR. STEPHEN STUDER: I'm an attorney with offices at 4101 Edison Lakes Parkway, Mishawaka, 46545. I represent here a number of neighbors mostly impacted by this petition. Although I know a number of them would like to speak. I really don't want all of them to speak because we've been here a long time but I would ask that everybody that we represent and are opposed to this, please stand up at this time. ABOUT 50 OR MORE PEOPLE 1N THE AUDIENCE STOOD UP AT THIS TIME MR. URBANSKI: Steve, thanks a million. MR. STUDER: You're welcome. Some of them still want to say a few words but I think it's important that... MR. URBANSKI: And that's okay too but this way we have the visual. MR. STUDER: Thank you sir. Our concern is simple. This is not the right location for this particular business and these are not the right people to run this business. 1 think you heard some testimony today by the 20 Area Board of Zoning Appeals -September 2, 2009 petitioner about the veracity, the things they want to bring to this. Group homes are great. In fact these special service facilities, we have four within a half mile of this location. In the very back of your book there is a map that shows those locations. These are social service facilities. Some of these are as close as 1100' to this particular location. So we are not against in general group homes or social service facilities. In fact we embrace them and there are a number of them in the neighborhood already. Are concerns are more basic. The petitioners first bought this house at the end of 2006, early 2007. It sat vacant basically till this year. Since that time, long before this petition was ever filed, the neighbors had complained about the neglect and the problems with the particular neighborhood and there's a copy of the letter that was sent in 2007 from several of the neighbors. Also in your book there was two Code Enforcement violations brought by the City of South Bend for code violations at this property. The first one, the petitioners, Mr. and Mrs. Gurrola failed to even appear before it. They were fined $1500. The second one, Mr. Gurrola appeared and if you look at that, it's interesting, the home was sealed and vacated until these repairs could be made. In addition by the petitioners, they have indicated that they have spent $100,000 making improvements to this house. They have not pulled a building permit. They've been doing this work without a building permit. I think it's absolutely intrusive to the fact the people that are telling you today that they want to be a good neighbor have not been a good neighbor since they've owned this house. Now Mrs. Gurrola said that she doesn't want to travel anymore. The house on Pokagon Street has been for rent and the contact person there is Mrs. Brimmer. So apparently she's doing double duty as a real estate agent and is going to be a house mother as well. I don't know where Mrs. Gurrola now lives because the house on Pokagon is for rent and has been for rent for some period of time. She says she doesn't live there anymore and she doesn't live in this house. So apparently she's still traveling. Mrs. Gurrola by the way also did have another home in Illinois called Hope Organization and that was dissolved. One of the letters that I think Mr. Fedder read from, Ostego, or Mr. Urbanski you read from, Ostego, one of the letters in favor from 1309 Ostego. That home is owned by Mr. Hines. Mr. Hines owns at least two other properties in South Bend as well which did not come out. But one of the letters is from of his tenants apparently. You know you cannot separate the actual use of the property from the people who's going to be using the property and there have been complaint after complaint after complain about the property, the way they're going to use this. A number of the neighbors that I represent went to an open house and Mrs. Gurrola mentioned that they changed the petition in response to that open house. In fact if you look at the State application, which a copy is enclosed there, there is going to be girls from 11-19. That's what the State said they would approve, 11-19. The handout says 8-18 and the petition says 10-18. We don't know who to believe. We don't know who these girls are going to be. They don't know the names of the schools these girls are going to attend. They don't know anything about the neighborhood. They bought this according to their own words for a weekend get away originally and now it's going to be a business. And that's exactly what this is. It is nothing more than a business. Mr. Hines, Mr. and Mrs. Gurrola also were investors in a company called Integrated Investment Realty, LLC. That business was involuntarily dissolved by the State of Illinois. Mrs. Gurrola is also shown as being a principle in another social services entity in Chicago as well, called Comfort Homes with the elder care. The petition, it's interesting that they're going to talk about this house mother Mrs. Brimmer and Mr. Newell and if you look at the petition it says, Mrs. Brimmer and Mr. Newell will teach the girls household budgeting, banking and money management. Well let me tell you something about Mr. and Mrs. Brimmer, they filed bankruptcy in 2007 and again in 2008, both cases were dismissed for lack of a payment plan. They filed again in 2008 and that case was dismissed because they had no money. However, both Mrs. Brimmer and Mr. Newell were asked by the court and required by the court to go to personal financial management course which they finished up in January of this year. And these are going to be the people teaching these young girls 8, 9, 10 and 11 to 19, they're going to be teaching money 21 Area Board of Zoning Appeals -September 2, 2009 management banking. I don't think we have time to go into the number of various number of judgment liens and other court issues that these principles have all been involved in, almost everyone of them has had issues with the court system. And so for them to sit here and say that this is an altruistic motive, I do not believe them. The location of this group home is on a cul-de-sac. A quiet cul-de-sac at the end of a dead end road. At the open house they indicated all these people would be coming and even today by their own testimony they said, "well we're going to be driving them to school". "They're going to have individual therapy". Well there's two people they say living in the house, only two people. So I don't know what they're going to do with 8 girls, with two people driving. Some of them driving to therapy during part of the time, leaving the girls at home. Mr. Newell staying at home while Mrs. Brimmer takes them. They have no plan. This is quite frankly all smoking mirrors. They're only doing this in our opinion as a money making venture. We are working with the State to see if we can identify issues that haven't even been brought forward here yet today. We're not against group homes. We're not against social service facilities. As I said we have these in the neighborhood. What we are against is this location. This location was picked for whatever reason as weekend get away but they've owned it for three years and they've done nothing but leave it neglectfully and they violate at least three different ordinances of the City and that doesn't tell me that they good people in running this use. And you cannot separate the use of the property by those petitioners, those owners. What's interesting is the petition says that it is going to be owned by Pedro, Lashon and Veronica, but the title which you have a copy of is owned Pedro, Lashon and Mrs. Gurrola mentioned that as well, is owned by them. The facts don't seem to make sense. They just seem to make up the facts depending on what they're trying to accomplish. The first petition said they were going to have two girls that would need medical treatment. When they found out they couldn't do that under the City ordinance, they decided to get rid of those two girls that need medical treatment instead they're just going to girls who say don't have suicidal tendencies, no gang affiliations, who can test them. Well there's no independent verification. The Hope House that they setup are going to be the same ones that are going to test and interview these girls to see if they're going to take them. Are you going to tell me that Mr. Hines and Ms. Gurrola and Mr. Gurrola are going to say no, we're not going to accept this girl? They setup the organization for that very purpose to accept these girls. There is no independent verification. There's no doubt that approval of this petition would be injurious to the public welfare and moral standards of this community. To let these petitioners who have violated City ordinances, who have sometimes even failed to show for the hearings, would be allowed to run this home. There's also no doubt that the way that they have dealt with this property as owners since 2006 or early 2007, would not be injurious to the property values of the adjacent neighbors. It's obvious. If you look in your book you can see the list of various code violations, not once but twice. And the time before it also shows that liens were filed with respect to those cleanup orders and they're still on the books. It's the burden of the petitioner to persuade this Board and I don't they've done that. I don't think they've given you any indication, any evidence that this would not be injurious to the community welfare, to the community health and safety or the morals of the community and they certainly haven't given any indication as to these other issues which we have raised, they never even addressed that. Even the fact that they've provided letters signed by tenants without identifying that that is a tenant of theirs. We respectfully request that this Board send this to the Council with an unfavorable recommendation and if you have any questions I'd be happy to answer them at this time. MR. URBANSKI: Steve, I have one question. There was a seal notice on the house dated 06, 11-13-07, the vacate and seal immediately. Is that been released? 22 Area Board of Zoning Appeals -September 2, 2009 MR. STUDER: That's been released as we understand it. They've had workmen in there for the past several months which is another issue we have. We asked for a copy of the building permit and the Building Department indicates that they don't have a copy of the building permit. By their own words they have spent $100,000 fixing up the place when the neighbors, some of who will speak today, went to the open house, they've made a number of improvements to the house. They've been flouting the law. They're been flouting this community's law. And it's interesting that somebody asked the question, how many of these Board members are local, none. They're all in Illinois. They run businesses in Illinois and by the way Mr. Gurrola is in present foreclosure in his home in Illinois and he also had foreclosure on a house in Arizona. These are not the people to be running this home. You cannot let these people into this neighborhood who are going to let this house deteriorate over time. There were a lot of questions asked about how are they going to pay for this, "well we're not going to worry about that right now, we'll worry about that later". But by their own testimony, by the public record, they don't have funds available to them, they don't the way to pay this. Yet alone they're going to take care of this. Don't you worry about it, they'll find a way to pay. It's about this business, in this location by these people. That is our objection, period. It's not about the girls. It's not about the social service facilities as I said they are in the neighborhood we've embraced those. For the most part we don't have a problem. But it's these people and the way they've been running this home, this same location for past three years. It's not going to change just because they have a Special Use Exception, that's not going to change. It's going to continue to get worse. And as far as parking, they told us that there could be several people, part timers, quality assurance people, they even said today they have individual therapy and all these other issues and yet they say they only need two parking spaces. During the open house they said they could park six cars there easily, three in garage and three in the parking lot. We don't know what to believe. And I don't think this petition is well thought out and we would ask for an unfavorable recommendation. MS. VICKIE McINTYRE: I live at 1301 Garland Road, South Bend, Indiana. I also am just recently retired from the Juvenile Justice Center and I think I have to correct a few errors. First of all there is no child in the Juvenile Justice Center simply because there is no other place to house them. We simply do not and cannot do that by law. There are a lot of many group homes here. Family and Children's Center runs several very, very well, sometimes not even full. I believe my executive director was in to talk to someone representing this home a couple of days ago and was told they will take pregnant girls. But then there was no answer to when the baby is born, will the baby be able to stay? I think that should be addressed. Is this group not for profit or are they for profit? Will home remain on the tax roles or will it be taken off? I think that is something the county should worry about. I think it's also, as many of you know, the State of Indiana does pay for a girl to be iri a group home. They per diem. The per diem established by the group, that's true, but it has to be in conjunction with many others. Judge Nemeth, the Probate Court judge, most order a girl to stay at a particular place. We too examine these homes routinely and the agencies that run them. If the children are taken out they won't have that per diem. If they have three children there instead of the eight necessary, they say according to their budget, who will pay for the rest of it. I agree this is not a well thought out plan. MR. VAN GATES: 1449 Garland Circle. Jean and I have lived there for 39 years now so we're on the circle and we know the neighborhood. And again, one more time you've got to hear it, we are not against change in any form. We think these girls should be taken care o£ This is not the location and these are not the people. The property was purchased by these Chicago people in January, 2007. For most of two years it sat idle and uninhabited. Window were broken, gutters were hanging down loose, the garage and the driveway was all chipped up, the lawn was completely neglected with knee high grass and weeds, many, many times. Code 23 Area Board of Zoning Appeals -September 2, 2009 Enforcement was unable to get them to fix up the place for almost two years even though they put fines and penalties and many other things were levied against the property. In all those conversations they were never able to get them to fix this up. So how can you be sure or how can anyone be sure that they won't continue to break all the rules when they open up a business here and come down from Chicago occasionally to see what's going on. We just heard from the councilman from the second district and the number downtown, I thought he was saying there were four downtown group homes. Let me tell you about our neighborhood. We've done our part on group homes. We have group homes as follows. Of course Hope Home is up for approval. Right now and for many years 2816 York Road there is the Dungarvin House. This home is .2 not 2 miles, .2 of a mile from Hope House. Tiger Wood could hit a ball that far. This home is causing a lot of traffic congestion and a lot of problems on York Road because the people who come to the home and work in the home line up the one side of the street and the neighbors across the street line up the other side of the street and one of our resident on Garland Road had a really bad car accident right at that spot because of that. Second group home, 1703 Woodmont is Bethpage House, that is .6 a mile away from Hope House. Chiara House on Clayton Street, is under one mile away. If you did it as the crow flies I think it would be a half mile. Ironwood Health and Rehab Center is .6 a mile away. They have 198 beds, patient beds and a staff of 50. They block both sides of Ridgedale Road with staff and visitor parking. When we want to go east to Ironwood it's a problem, when we want to go north to downtown, we got to go by York Road and that's a problem. We are not against group homes but just have too many in our neighborhood. We must have more than they have in the downtown. I can't believe what they're saying about the parking situation. And probably other people will talk about the congestion and our tight little circle there and I have a picture, I didn't get any awards for this one because it's out of focus, but I'll give it to you later, it is a small circle. This one here while we're talking about pictures, is the way it looks on Ridgedale everyday when we go over toward Ironwood. So we have congestion in our neighborhood and we haven't been complaining about it but we don't need anymore. Something just doesn't add up on the sheet. A number of us, eight or nine of us went to the open house that they have, I think you all have a copy of this Hope House overall program view and they list all these people. Now of course we were just told that the president won't be involved in this house and the two advisors won't be coming and the quality assurance guy won't be there and probably the treasurer. How are they going to run this thing with all the people in Chicago and running a home in South Bend? I don't quite get it. If they are coming once in awhile, which I think they would all agree, you're going to have from 9 to 11 cars coming and going to take care of just what you see on this sheet that you have, the Hope House Organization review. So I think we've got a problem here and I think these girls can served and should be served and there are other places where it can be and I think it would completely wipe out our neighborhood and our circle. Our circle has approximately 5 or 6 parking places and if all these people would ever show up at once we'd be parking over on York Road someplace. So I that you see fit to reject this application and hope you see fit to support the local people who support this community year after year. MRS. KATHLEEN DILTZ: I live at 1454 Garland Circle and talked to one of our neighbors whc also happens to be a real estate broker with Century 21. And he sent me the following letter. Dear Mrs. Diltz, pursuant to your request I have made a thorough study of available market data and find that there exists only anecdotal evidence of a decrease in value for homes in the immediate vicinity of group a/or half-way houses. I have consulted several brokers in three municipalities and two real estate appraisers. All agree that while the market data suggests that selling times for homes proximate to a group home are demonstrably longer and that prices suffer a discount, the amount of data is indeterminate as no regression analysis or other such means can corroborate the presumption. The data points are too few. It is, however, my opinion that an immediate 24 Area Board of Zoning Appeals -September 2, 2009 neighbor to such a use can reasonably expect a 15 - 25% reduction in value. The effect is a form of "external obsolescence" where the nuisance factor of a property directly affects the value others. Simply put, the proximity of a group home having the capacity defined in the permit application will have a significant and detrimental effect for the neighbors' property values. And to just let you know there are five homes in the circle, so this would effect, it's such a closed small circle it would effect every single one of us. We ask that you turn this down. MRS. STACEY NOETZEL: I reside 1448 Garland Circle. I'm actually in the circle. We have four small children and I'm a little confused because they keep saying that there's not going to be cars there. But in the past we've heard that there are going to be all these cars there. I little glimpse into the future. They've had insurance work there and they've been having vehicles parked on the street which I don't if Van's pictures show you where their house is, but they're on the mouth of the circle. So where they're parking is a very bad like blind spot to see cars or children coming or going or playing. I guess my concern as a parent, I have small children in ages from 5 to 11 months, so I guess I'm in fear of my children being hit by a car or other things happening. We're not opposed to the children in the neighborhood, we're opposed to the traffic and the congestion. I wanted to make that short, so that's my concern. MR. JEREMY NOETZEL: I live with her at the same address, 1448 Garland Circle. We're probably, Van is probably one of the longest residents of the circle who spoke earlier. We are the newest, we moved in in November. When we were looking for a home we were looking for somewhere nice, peaceful, quiet, nice little getaway from the city and it's a beautiful location. If I had known back then that we would be moving into a house two houses down from a business with 8 to 10 children living there, 9, 10 people coming and going, that's what their handout said. I don't know as a buyer I would have moved in there. I think it messes up the tranquility of where we're at. It doesn't, like my wife said, it's not safe. There's too many cars. We almost had an accident because of the way when the insurance work was being done, they had trucks being parked there. It's just not the right place for this house. I just wanted to let you know, that we with small children just fell that this is not the right location. Thank you. MR. ROBERT SCHMUHL: My wife Judy and I live at 1441 Garland Circle. And we are right in between the Gates and the Noetzels in the sense of timing. We've been there a few years and let me tell you the story of our arrival to Garland Circle. We closed on a Friday and we drove out there on Saturday and there was a car up against one of the homes of Garland Circle, in fact the Diltz home. And the driver of that had not rather carefully navigated the circle and had ended up not only in their front yard but in their living room. So that we are talking about a very unique situation. And I would stress in talking about it is remember, York Road is a north-south thoroughfare that stops right at Garland Circle and Garland Road. It says no outlet. If someone is looking for an address beyond that, the impulse is to turn left and go into Garland Circle. They don't know that they are going into what is in effect a cul-de-sac. So the impulse is to put the foot to the accelerator and to get out of that area just as quickly as possible, doing a good deal of damage to most of the lawns along Garland Circle. I would say that with the four children living there it is a safety hazard as it is. I think it would become more of a safety hazard if you had more vehicles coming around, it would indeed be I think a safety hazard for any other girls living in the group home. Thank you. MR. WARREN DILTZ: I live at 1454 Garland Circle. And first I understand you know this, I want everybody in this room to understand, this is not a cul-de-sac. It is a circle. There is a grassy area in the 25 Area Board of Zoning Appeals -September 2, 2009 middle with curbs on the inside and outside of the narrow roadway. Barely wide enough for two cars to go through. I know this very well because I grew up in the house next door to the house in question. I as a young teenager watch them build the house in question. I watched them put that circle down there. It was not there when we moved into that house when I was a youth. As I got older I quit worrying about construction and cars and started paying attention to the girls. I married the girl next door, right down the street my wife lived. Two intersections, I lived on York and Garland and there's York and Ridgedale and then there's Yorlc and Woodside. I dated the girl there. I walked back and forth. I drove back and forth. It was a family neighborhood thing. After being married we never left South Bend. We bought a house, small starter house. Another house a little larger later on. We always aspired to come back to this wonderful neighborhood because that's what it is a neighborhood with families, with large trees, it's the nicest part of South Bend. It's one of your show areas. I think you know that. I hate to see it ruined by having a business in the neighborhood. But I do just want to close with from where I grew up to my future wife's home where she lived, on both sides of the street there was only eight houses. Total of eight houses between our two houses. Across the street from that house now is already a group home. MS. JILL HILLMAN: I live at 1404 Ridgedale Road. I wanted to speak because we own not just one house there, we actually own five city lots and the south side of our property bounds Garland Road, Garland Circle area there so we fill in the extra spot that has no houses on it. It's all wooded. Our house was designed by Frank Lloyd Wright. We have had visitors around the world come to visit our house because it's not just an unusual example of Frank Lloyd Wrights' architecture but it's one of the few remaining that still maintain it's original setting, it's original neighborhood atmosphere. Most houses have been sold off. The neighbors have changed around them so I would really, really hate to see a business come, one that is uncertain in length, what would happen after that business was no longer in existence. What would happen if one of the caretakers who are both a little more elderly would pass away. I mean who would take their place. It just makes me very nervous to see this area that we have worked and sacrificed to maintain. The house was originally built in 1950 by my husbands grandparents, the Mossbergs. And he also originally owner in the property that became Garland Circle and they bought property with a couple of other families to develop it as a neighborhood. And so he wanted that area to remain wooded. He wanted that area to remain as a family neighborhood. Thank you. MS. TRACY MOLNAR: I live 1452 Ridgedale Road. It's just one block over from Garland Circle. I live in the home, we've been there for three months now and I live there with my husband and our almost one year old son. My big concern is the screening process of the girls that will be residents there. I have a friend who works at Madison Center as a social worker and when I explained the situation to her, she said that in her experience, labels of non violent or non gang affiliated can really just kind of put on there. It's such a subjective thing, people put depending on what works for every situation. And since the Hope House girls would be actually screened by the Hope House Organization, that makes me concerned for my family and for my son. That's my big concern. MR. URBANSKI: Since there is no one else to speak we'll close the public hearing portion. We have 14 letters from people speaking in opposition to. We just got another one so now we have 15. The Halls on Garland Road, the Gates on Garland Circle, the Noetzels on Garland Circle, Huntington on Garland Road, Schmuhl on Garland Circle, Lerman on Ridgedale Lane, Nolan on Garland Road, Dennen on Garland Road, 26 Area Board of Zoning Appeals -September 2, 2009 Lerman on Ridgedale Road, Bycraft on Garland Road, Hillman on Garland Circle, Lerman on Garland Circle, Wisniewslci on Garland Circle, and Ballard and I don't have a address on that one. So we have 15 letters in opposition. At this time I would like to give Mr. Danch an opportunity for rebuttal. REBUTTAL: MR. DANCH: I'm going to go ahead and rebut a couple of things and then I'd like Lashon to handle a little bit more on the detail of the Hope House Organization. She can answer some questions on that. As was mentioned, I think one of the difficulties that we had here was we requested a tabling of this particular petition from the time we first submitted it. The reason for that particular tabling of the petition was time to work out with the Building Department staff and the staff attorney the actual designation of a group home, group residence and the way that it had been interrupted with City of South Bend zoning ordinance. We created a petition the first time that explained that we thought was acceptable for a group home was to have on site visitation by therapists and or counselors to the site. We found out after meeting with the staff attorney and with Building Department staff is that the interpretation under the ordinance that is not allowed as a group home. We stopped the process completely, we revised our petition and what is before the Board today is that revised petition for strictly a group home. We mentioned that the conditions that we've applied to the our request for the Special Exception that the girls will only be 10 - 18 years old. That is a condition that will be approved by the City Council assuming and also depending on.what happens here with the Board of Zoning Appeals. That is a condition that would go with this particular home. There would be no on site therapy secessions. There is no on site counseling. As Lashon had mentioned the requirement by the State is that they do have to make a visitation to the site to make sure everything is happening. It is not true as explained by the remonstrators that somehow there is going to be nine or ten people going to this particular site that there's going to be traffic congestion problems at this particular house. I think we've explained that very well that there's only going to be two vehicles at this particular location. That if Lashon or one of the Board members happen to make a site visitation that can be done. That is not something that is done every single day for several hours. It's something that is requested by the State for their reporting. 1 think the parking issue has been taken care of by what I've just explained. There's not going to be nine or ten people at this particular site, just the house parents. The other thing was the one about property values. It's nice to have someone stand up here and explain that's there's going to be a decrease in property values based on some requirement that they've told real estate people. I've also taken a look at studies that were done for group homes, there are several types of group homes depending on the type that is done it can have an effect on property values. The group homes range anywhere from disabilities to alcoholics to drug addict homes and depending on which ones you throw into the mix on something like that, that can have a tremendous effect on the type of property values on where those particular homes are located. What we said is this is for girls from 10 to 18 years old. Even some of the remonstrators had mentioned that there are homes over on York or Woodmont. I didn't hear anything that those particular homes were strictly for girls or within in a particular range so I don't know what those particular group homes arc for. And I think it is really outside of the range to throw in a rehabilitation or an assisted living facility that has 198 beds and try to compare that to a home that's going to have eight girls in that range in age from 10 to 18 that are strictly trying to find a stable environment. So I would hope that the Board would take a look at what we had presented. The limited amount of people that would be at this home, which is basically two house parents and eight girls and that's what we would ask for your approval or favorable recommendation to council. And I'll let Lashon go ahead and answer the questions about the organization. Thank you. 27 Area Board of Zoning Appeals -September 2, 2009 MS. LASHON GURROLA: First I would like to say with regards to the Board members of Hope House, Pedro Gurrola is not listed as a Board member or having anything to do with the education or the running of the facility. Secondly I would like to state on record there is a business comfort companion choice, however it is not a group home as stated. As a matter of fact it is not a home at all. It's just a business. It has no bearing, no relation to Hope House or group home. It's not even in the same category so that's some misinformation. To a personal bankruptcies on the house manager, you know, that is true and this is a very difficult economic time and for situations out of our control that is the case. You have bankers and other business people that have filed bankruptcy and still continue to do business at hand. If focus on the Indiana Code and qualifications that should speak for itself as far as the people who will actually run the home. There is no bankruptcy or foreclosure on Illinois property on myself or my husband. I don't know what that is or what that's about. I wanted to speak with regards to the roof and some ordinances and failure to appear in court. We were represented at a hearing concerning the roof by a Scott Rakowski from Michiana Comfort who was contracted to repair the roof. But I must clarify that the home was in foreclosure and in disrepair for probably for a good year or so since the previous owners lost it. The house was already in disrepair. I will be admit I was a little slow in getting it completed but as stated that is a 4400 square foot property and it takes time to do such. None of the repairs was started in the house first to make it livable. When the house was purchased it was not in livable condition to assume residency. The heater, the water, the pipes. When you buy a foreclosed property you're very limited on what information you're getting about the property. You can walk through it, you can have your inspections, which all of that was done. At the time of closing all estimates and everything it would take to get the property up to standard just to live, was handled and contracted on which I have receipts stating to that fact. I think there was a concern about or mention of dumping two medical fragile children. Initially yes. The home was to be a 10 bed facility with reservations of two of the beds to offer to complex medical children. That was dropped not because of lack of concern, that was dropped because that would require on site nursing, on site therapy and possibly round the clock care. So because of the parking concerns and other restraints that was dropped from our petition. Thank you. MR. URBANSKI: Is there a motion? MS. NAYER: Can I make just one clarification? We've been using the words group homes and group residences kind of interchangeably during the public hearing. Group homes and group residences are two different definitions under the zoning code and this is a group home. I just wanted to clarify that. MR. PHIPPS: Mr. Chairman if there are no other questions I'd like to make a comment and a motion. I think I am sympathetic to the needs of children that find themselves in an unsatisfactory home situation and as I mentioned earlier particularly what I have learned in the past. couple of years. So I think I came to this hearing very inclined to approve even though over the opposition of the neighbors and I certainly would expect some. My guess is that the Board members here feel the same way too. Just a couple of months ago we approved a group home over some opposition and got some criticism for it. So I think our history is that we listen to all the facts and make our decision and it isn't even necessarily what the neighbors want. So my inclination would be to approve something like this because we wanted to but one thing that it would take in order to get my vote of approval is some reasonable assurance that the organization who's proposing to run it would be, would live up to the commitments they make and would be done. I'm afraid that what I heard today would lead me in the other direction and to think that there are some questions here. So I would make a motion that we send it to the Common Council with an Unfavorable Recommendation. 28 Area Board of Zoning Appeals -September 2, 2009 MR. HAWLEY: I would to add that a second to the motion. I was born and raised on the south end of town. I'm very familiar with Garland Circle. I watched Dr. Skillern's house being built there. I stood in it as it was under construction. I used to sled up and down Robin Hood Lane and I think this property and this location should remain as it was intended. A nice neighborhood. And I just think this is the wrong place for this facility and so I second the motion. A motion to send the petition to the Common Council with an Unfavorable Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. MR. VELLEMAN: Yes. MR. YOUNG: Yes. MR. HAWLEY: Yes. MR. PHIPPS: Yes. MR. URBANSKI: Before I vote, I'd like to make one comment also. At the present time and for probably the last nine years or ten years I've been on the Board of Directors of Families First which previously was called The Fire House which serves the needs of young people who need visitation with there parents that is supervised. And so I was very involved with the purchase of our last two houses that we had to buy. Very concerned about many issues that was brought up by the neighborhoods and we put them in neighborhoods that were adjacent to commercial. Yet it was a neighborhood setting. So I do vote yes to send it with an unfavorable recommendation. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did not satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council with an Unfavorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with an Unfavorable Recommendation and will issue written Finding of Facts. PETITION SENT TO Ti~E COMMON COUNCIL `'~dITI~ AN UNFAVOF.A>3LE RECOMMENDATION 29 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4701 I®TIlVITZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCRAPER GEAR WORKS, Il®TC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain• areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Schafer Gear ~Jorks, Inc., South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter (SE '/4) of Section 20 and part of the Southwest Quarter (SW '/<) of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Lots numbered (10) ten and (11) eleven as shown on the recorded plat of the H.G. Baus Centre - Phase One, recorded March 16, 1995, as document number 9507104 in the Office of the Recorder of St. Joseph County, Indiana. and which has Tax Key Number 18-3042-1621, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et sec . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council 0 1,~ i4 ~~ ~4111~i3 ~~ `'~ ~`; ~ ~tlS ` -os S ~w k a~~e"'t!s`~5.~ tai ~0~~``ijn~ ~. Ync~Ci•~e4:~ ~~~-t7~( NtGT ~,PP~CJ1j~CJ RUG - 5 2009 ~+~~~;~ ~~c~eF~{{^^F ryry q~~, C~°{y V~`d:'L515 4a. ~53:.744d5 ~}Y• ~90PTE~7 .~ ~ ~ ~.~~ s ®,. ~~ e 4 a~Ta of S \ ~ 2. C®mmunity ~ Ec®n®mic ®evel®pment ~.~r~_"°~~. 1865 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 ~ Phone 574/235-9371 ^ Fax 574/235-9021 ~/ ~ ~ ~ '~ ~ ~ t~~~ To: South Bend Common Council 1 r Fro;<n: Bob Mathia }~~~,2.~ Subject: Tax Abatemlent -Steel Warehouse Company, LLC - 1400 West Riverside Drive (Bill # 09-64) Date: September 22, 2009 The subject tax abatement is scheduled to be considered for a Designating Resolution at the September 28, 2009, meeting of the Common Council. The Petitioner has requested a continuation due to upcoming religious holidays. Therefore, the Petitioner is requesting that consideration of its Designating Resolution be postponed until the October 12, 2009, meeting of the Common Council. SEP L =' «09 ~. If VrtdrTw~ ~~ N~.~ cr actt~ 3~. CITY GL°,.~,, • = PostponementMemo.9.22.09.doc 6'~6it~# ~~ ~ 1P®~~y I~~~c~ A ®F~~;f~s~~! ~~ r 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 1400 VEST RIVERSIDE DIdIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPAI®TY, LLC WI-AREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1400 West Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast comer of the Southwest'/4 of said, section 35; thence South 89 49' S2" West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 SS' 00" West, 116.24 feet; thence North 00 00' 27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55' 00" West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55' 18" East of the Northeast addition to the City of South Bend recorded Apri16, 1906 in the Plat Book 0, pages 30 and 31; thence South 89 55' 18" East along the South line of King Street, 352.84 feet; thence North 00 00' 27" West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06' 09" East, 128.81 feet; thence North 89 46' 49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37' 15" West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00' 00" West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the '/< of said section 35; thence North 00 00' 30" West (bearing assumed) along the East line of said Southwest''/4 a distance of 463.14 feet to the.Point of Beginning for the following described tract; thence continuing North 00 00' 30" West along said East line 336.00 feet to the South line of Queen Street; thence South 89.56' 09" West along said South line of Queen Street 176.60 feet, thence North 00 02' 36" Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56' 09" West along said centeriine of alley, 131.27 feet; thence South 00 06' 09" West along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56' 09" West along Allen Street; thence South 00 OS' S1" West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58' 27" East along said South line of McCartney Street, 12.91 feet; thence South 00 06' 09" West 6.11 feet; thence North 89 56' 09" East 308.71 feet to the Point of Beginning. and which has Tax Key Numbers 018-2110-4065 and 18-2110-4067 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et secd., 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 se ., 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 $end, Indiana, as follows: SECTION I. The Common Council hereby determines and fmds pursuant to Indiana Code 6- 1.1-12.1-4.5 et se ., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be 2 designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation., SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council F' v Gil P42ESENTED ~'~-~~ NOT APP°OV.Ea SEP 1 8 20Q9 ,iok;fid t,~GCP,C~ CI i f Ci~~Ii~, ~C' ~EPj___~, ~~~ 6~DC~PTEe~ 1200 COUNTY-CITY BUILDING 227 ~ JEFFERSON BOULEVARD SOUTH BEND,INDIANA 46601-1830 PxoNE574/235-9371 Fnx 574/235-9021 TDD 574! 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR September 10, 2009 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: STEEL WAREHOUSE COMPANY, LLC Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of various kinds of metal working equipment to be located at 1400 West Riverside Drive. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at between $2,100,000 and $3,000,000. The project meets the qualifications for a (5) five-year personal property tax abatement and a representative from Steel Warehouse Company will be available to meet with the Committee on Monday, September 28, 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, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELtzAeErx LEONARD FAX: 5741235-9697 574/235-9371 1200 C.oUNTY-C1TY 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 HL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTrVE DIRECTOR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: STEEL WAREHOUSE CO., LLC DATE: September 10, 2009 On September 4, 2009, a petition for personal property tax abatement consideration for property located at 1400 West Riverside Drive was filed with the City Clerk by Steel Warehouse Company, LLC. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community 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, investigated the area, and makes the following report. PROJECT SUMMARY Steel Warehouse is a steel service center focusing on flat rolled, low carbon steel, with operations involving slitting, leveling, pickling, temper rolling, shearing and cold reducing. The company also supplies profiling parts using its plasma and laser cutting operations. In connection with its operations the company takes substantial positions in steel products for future sale and marketing of same to its customers. Under the proposed project Steel Warehouse plans to acquire and install releveling equipment to condition armor plate steel in preparation for burning parts, either by the company or third parties. The process will involve the use of the company's temper mill to level special alloy steel, having subcontractors heat treat the steel, and then returning the steel to the company for releveling. These processes will allow the company or third party processors to COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SL PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAx: 574/235-9697 5741235-9371 South Bend Common Council RE: Tax Abatement for Steel Warehouse Company, LLC September 10, 2009 Page 2 produce parts for customers needing armor plate processed to highly demanding tolerances. The total estimated cost of the equipment is $2,100,000 to $3,000,000. Depending on the final value of the equipment to be procured total taxes to be abated during the (5) five-year abatement period are estimated to be between $14,676 and $20,966. Total additional taxes to be laid as a result of the proj ect during the five-year abatement period are estimated to be between $129,857 and $185,510. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create three (3) to twelve (12) new, permanent full-time positions with an annual payroll of $93,600 to $374,400. The project will also maintain four (4) existing permanent full-time positions with a total annual payroll of $124,800. . ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or been associated with the following previous tax abatements: Term/Tme Resolution No. Date 5 year personal property 1169-84 June 25, 1984 S year personal property 1432-86 Sept. 8, 1986 5 year personal property 1674-88 Nov. 28, 1988 10 year real property 1964-92 July 27, 1992 5 year personal property 1965-92 July 27, 1992 10 year real property 2157-94 July 11, 1994 5 year personal property 2158-94 July 11, 1994 10 year real property 2371-96 June 24, 1996 5 year personal property 2372-96 June 24, 1996 10 year real property ~ 2496-97 August 25, 1997 5 year personal property 2495-97 August 25, 1997 5 year personal property 2714-99 March 22, 1999 10 year real property 2798-99 Oct.l 1, 1999 5 year personal property 2896-00 June 26, 2000 10 year real property 2895-00 June 26, 2000 5 year personal property 3035-01 Sept. 24, 2001 10 year real property 3036-01 Sept. 24, 2001 South Bend Common Council RE: Tax Abatement for Steel Warehouse Company, LLC September 10, 2009 Page 3 5 year personal property 3380-04 Sept. 27,.2004 5 year real property 3381-04 Sept. 27, 2004 5 year personal property 3382-04 Sept. 27, 2004 5 year personal property 3791-07 Sept. 24, 2007 S year personal property 3792-07 Sept. 24, 2007 5 year personal property 3793-07 Sept. 24, 2007 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any Tax Incremental Allocation Areas; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. 5 YEAR STEEL WAREHOUSE COMPANY, LLC South Bend Portage Township Personal Property Tax Abatement Schedule'` Tax Key Number Current Assessed Value: Estimated Project Cost: 018-2110-4065 & 18-2110-4067 9,616,132 3,000,000 14-Sep-09 40% 56% 42% 32% 24% Current 100% 80% 60% 40% 20% Assessed Value: AV & Tax 616 132 00% 9 Year 1 132 9 616 Year 2 616,132 9 Year 3 9,616,132 Year 4 9,616,132 Year 5 9,616,132 Current Assessed Value , , 1 , , 000 1 200 , 680,000 1 1,260,000 960,000 720,000 Base Assessed Value , , (1 200 000) , (1 344 000) (756 000) (384,000) (144,000) Less Abatement Deduction Net Assessed Value 9,616,132 9,616,132 9,952,132 10,120,132 10,192,132 10,192,132. Property 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 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 413,638 413,638 428,091 435,317 438,415 438,415 (72 486) (36 486) (34 699) (53 606) (65,308) (72,508)_ 341.152 377,152 393,392 381,712 373,106 365,906 0000°la 288,484 3 324,484 338,884 326,284 317,284 310,084 . 5477% 52,668 0 52,668 54,508 55,428 55,822 55,822 . 341,152 377,152 393,392 381,712 373,106 365,906 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 341,152 42,572 383,724 6,572 377,152 2 341,152 59,601 400,753 7,361 393,392 3 341,152 44,701 385,853 4,141 381,712 4 341,152 34,058 375,209 2,103 373,106 5 341,152 25,543 366,695 789 365,906 Totals 1,705,758 206,476 1,912,234 20,966 1,891,268 *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. 5 YEAR South Bend Portage Township Personal Property Tax Abatement Schedule* Tax Key Number Current Assessed Value: Estimated Project Cost: 018-2110-4065 & 18-2110-4067 9,616,132 2,100,000 40% 56% 42% 32% 24% Current 100% 80% 60% 40% 20% Assessed Value: AV & Tax 132 16 Year 1 132 616 9 Year 2 132 616 9 Year 3 616 132 9 Year 4 9,616,132 Year 5 9,616,132 Current Assessed Value , 100% 9,6 , , 000 840 , , 176 000 1 , , 882,000 672,000 504,000 Base Assessed Value , (840 000) , , (940 800) (529 200) (268,800) (100,800) Less Abatement Deduction Net Assessed Value 9,616,132 9,616,132 9,851,332 9,968,932 10,019,332 10,019,332 Property 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 14-Sep-09 STEEL WAREHOUSE COMPANY, LLC 3.0000% 0.5477% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 413,638 (72 486) 341,152 413,638 (47 286) 366,352 423,755 (46 035) 377,720 428,814 (59 270) 369,544 430,982 (67,462) 363,520 430,982 (72,502) 358,480 28-8,484 52,668 341,152 313,684 52,668 366,352 323,764 53,956 377,720 314,944 54,600 369,544 308,644 54,876 363,520 303,604 54,876 358,480 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 341,152 29,801 370,952 4,601 366,352 2 341,152 41,721 382,872 5,153 377,720 3 341,152 31,291 372,442 2,898 369,544 4 341,152 23,841 364,992 1,472 363,520 5 341,152 17,880 359,032 552 358,480 Totals 1,705,758 144,533 1,850,291 14,676 1,835,615 '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. E ~'~TF qP.~ ....:~_ TA Rll Rr nr ~ u~r Tc+ o«~: - S Ir,TEIrIEIVT yr oErv~r~ I ~ (~~_- .-y '= PEP.SOP.AL ~P.QPERTY K•, State Form 51764 (R / 1.06) ,..._ .. ~eie ~~ prescribed by the Department of Local Government Finance INSTRUCTIONS: SEP - ~ 2009 J4H~E V%0~ CE FOtZnn Sf3-1 % PR PRIVACY NOTICE The cost and any specific individual's salary information is confidential; the balance of the filing is public record per IC 6-1.1-12.1-5.1 (c) and (d . 1. This statement must be submitted to the body designating the Econor>,~' ~Pr~Ir~~~llc4i~'iAr~a "fit^~~~`~n~~h"~'`'^ ~'°aring if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. 'Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (lC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103-ERA) with the township assessor of the township where the property is situated. The 103-ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Farm CF-1 / PP annually fo show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 5. The schedules established under 1C 6-1.1-12.1-4.5(d) and (e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue fo apply. (lC 6-1.1-12.1-4.5(f) and (g)) • ~- • Name of taxpayer Steel Warehouse Co LLC Address of taxpayer (number and street, city, stale, and ZIP code) 2722 W TUCKER DR SOUTH BEND, IN 46624 Name of contact person Telephone number Richard King or Gerald Lerman (574) gas-51oo Name of designating body Resolution number (s) CITY OF SOUTH BEND COMMON COUNCIL Location of property County DLGF taxing district number 1400 W. RIVERSIDE SOUTH BEND, IN ST JOSEPH 71026 Description of manufacturing equipment and/or research and devetopment equipment ESTIM ATED and/or logistical distribution equipment and/or information technology equipment. (use additional sheets if necessary) START DATE COMPLETION DATE Releveler e ment for armor ui late a lications Manufacturing Equipment 10/15/loos 12/31/2010 q p p pp . R & D Equipment Logist Dist Equipment IT Equipment Current number Salaries Number retained Salaries Number additional Salaries SEE ATTACHED -. ~ • -. NOTE: Pursuant to IC 6-1.1-12.1-5.1 d 2 the ( ) () MANUFACTURING EQUIPMENT R & D EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED VALUE COST ASSESSED VALUE COST ASSESSED COST VALUE ASSESSED VALUE Current values Plus estimated values of proposed project TTACH D Less values of any property being replaced Net estimated values upon completion of project • • ~ I • -. ~ Estimated solid waste converted (pounds) 0.00 Estimated hazardous waste converted (pounds) 0.00 Other benefits: • • l hereby certify that the representations in this statement are true. Signature of authorizerd rep.r//esentative [J.t,a ~.r / ~ N~/~"~•-~ Title ~~ c ~ ~r r 5 ..! cti~ Date signed (month, day, year) $ ~-~fitw lrH ~F, Z D ti 9 Section 3 Current # Salaries 427 $18,400,460 Riverside Location Only Attachment to Section 3 of SB-1/PP # Retained Salaries # Additional 4 $124,800 3-12 Salaries $93,600-$374,400 Current # Salaries # Retained Salaries # Additional Salaries 42 $1,508,104 4 $124,800 3-12 $93,600-$374,400 Attachment to Section 4 of SB-1/PP Section 4 Manufacturing Equipment Current Values Plus Estimated Values Less Values of Any Property Being Replaced Net Estimated Values After Completion Cost Assessed Value $29,139,795 $9,616,132 $2,100,000-$3,000,000 $700,000-$1,000,000 $0 $0 $31,239,795-$32,139,795 $10,309,132-$10,606,132 Riverside Location Only Manufacturing Equipment Current Values Plus Estimated Values Less Values of Any Property Being Replaced Net Estimated Values After Completion Cost $801,085 $2,100,000-$3,000,000 $0 $2,900,000-$3,800,000 Assessed Value $264,358 $700,000-$1,000,000 $0 $964,358-$1,264,358 /~ steel ~~ warehouse 2722 west tuc~Cer drive ~ p.o. box 137? 574-236-5100 south bend, Indiana 46624 800-348-2529 {ax no. 574-236-5154 September 4, 2009 Office of City Clerk County -City Building Room 455 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Sirs: Tax Abatement Proposal On behalf of Steel Warehouse Company LLC, I enclose a Petition for Personal Property Tax Abatement and exhibits thereto, a Statement of Benefits Form and a check to the City of South Bend in the amount of $250.00. Steel Warehouse hereby submits its application for Personal Property Tax Abatement in connection with a project to add new equipment having a value of approximately $2.1 million to $3 million. Steel Warehouse believes that the project will cxeate three to twelve new full time jobs with an annual payroll increase ranging from $93,600 to $374,000 and maintain four 4 existing full time jobs with an annual payroll in the range of $124,800. Steel Warehouse Company LLC is a steel service center with a primary focus on flat rolled, low carbon steel. Its operations involve slitting, leveling, pickling, shearing, temper rolling and cold reducing. It also manufactures and supplies profiling parts using its plasma and laser cutting operations. The proposed project will enable Steel Warehouse to better serve the armor plate parts market. The project qualifies five (5) years Personal Property Tax Abatement under standards established for tax abatement by the City Council. We respectfully request your favorable action on our Petition. . Very truly yours, ~ ~~ ~ ~~ Gerald F. Lerman GL:Id CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, et se .and South Bend Municipal Code Section 2-84.2, et seQ., for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property ("equipment") to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. Petitioner plans to acquire and install releveling equipment, as part of the project to condition armor plate steel, in preparation for burning parts, either by Petitioner or by third parties. The process will involve the use of Petitioner's temper mill to level special alloy steel, having subcontractors heat treat the steel, and then returning the steel to Petitioner for releveling. These processes will allow Petitioner, or third party processors to whom Petitioner will distribute the steel, to produce parts for customers needing armor plate processed to highly demanding tolerances. 2. The project will create 3-12 new, permanent jobs within the first year, representing a new annual payroll of $93,600-$374,400 and will maintain at least four existing permanent full-time and existing part-time jobs representing an annual payroll of $124,800. The projected annual salaries for each new position created are estimated to be as follows: Leveler operator -- $31,200 per year. This does not include performance incentives and benefits such as 401 k, paid holiday and vacations, and health insurance. 3 . Estimate the total cost of the Equipment: $2,100, 000-$3, 000, 000 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly' held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST Steel Warehouse Company LLC 2722 W. Tucker Drive SB, IN 100% (Revised 8/2(02) 1 (b}The following other persons lease, intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable}: n/a NAME ADDRESS .INTEREST 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: Petitioner is a steel service center focusing on flat rolled low carbon steel, with operations involving slitting, leveling, pickling, temper rolling, shearing and cold reducing. Petitioner also supplies profiling parts using its plasma and laser cutting operations. In connection with its operations Petitioner takes substantial positions in steel products for the future sale and marketing of the same to its customers. 6. The commonly known address of the property where the Equipment is to be located is: 1400 W Riverside Drive, South Bend, IN 7. The Key Number of said property is: 018-2110-4065 and 18-2110-4067 8. Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein. 9. Attach a map and/or plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is. n/a (This information may be obtained from the St. Joseph County Assessors office 235-9523) 12. The current use of the real property where the Equipment is to be installed is E Hensn~ Industrial _ and the current zoning is (use) and F (height and area). (This information maybe obtained from the Building Department 235-9553) (Revised 8/2/02) 2 13. 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 TABS PERSONAL PROPERTY TAXES 2007 payable 2008 $33,209.39 $0 2006 payable 2007 ~ $31, 950.96 $0 2005 payable 2006 $32, 863.56 $0 2004 payable 2005 $30, 024.58 $0 2003 payable 2004 $25,162.21 $0 (This information maybe obtained from the St. Joseph County Treasurers office 235-9531) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part-time). Petitioner now and in the past has maintained a policy of hiring and promoting without discrimination with respect to race, creed, color or gender. The number of minority full-time employees in the companies, from the year 2004-2009 is as follows: 2004 132 minorities out of 455 total 2005 129 minarities out of 457 total 2006 128 minorities out of 445 total 2007 129 minorities out of 458 total 2008 131 minorities out of 506 total 2009 99minorities out of 419 total 15. Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None 16. What is your best estimate of the market value of the new Equipment after installation? $2,100, 000-$3, 000, 000 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? Yrl: $16, 000-$24, 000; Yr2: $12, 800-$19, 200; Yr3: $9, 600-$14, 400; Yr4: $6, 400- (Revised 8/2/02) 3 $9,600; YrS: $3,200-$4,800 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? Petitioner will continue to hire qualified applicants without ~°egard to race, creed, color or gender. 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: Major group 33: Primary Metal Industries 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 5050 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: 23. 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; or other public financial assistance, including but not limited to public works improvements. Petitioner may seek job training assistance for some additional personnel to be hired. 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: n/a 25. The new manufacturing equipment will be used in the direct production, (Revised 8/2/02) 4 manufacture, fabrication, assembly, extraction, mvung, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. 'The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Gerald F. Lerman Address: 2722 W. Tucker Drive City, State, Zip Code: South Bend IN 46619 Telephone: (574) 236 SI00 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 personal 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): Steel Warehouse Company LLC (Signed Name) Gerald F. Lerman (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Revised 8/2/02) ~tl~d In GI~~'lt'~ ~~~l~e SEP - 4 2009 S JOHN VOORDE -CITY GLERK, S0. ~E^!D, IN. Exhibit A Beginning at the Southeast corner of the Southwest i/4 of said, section 35; thence South 89 49'52" West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55'00" West, 116.24 feet; thence North 00 00'27" West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55'00" West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55' 18" East of the Northeast addition to the City of South Bend recorded Apri16, 1906 in Plat Book 0, pages 30 and 31; thence South 89 55' 18" East along the South line of King Street, 352.84 feet; thence North 00 00'27" West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06'09" East, 128.81 feet; thence North 89 46'49" East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37' 15" West along a chord subtending said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00'00" West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner ofthe'/< of said section 35; thence North 00 00'30" West (bearing assumed) along the East line of said Southwest'/e a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00'30" West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56'09" West along said South line of Queen Street 176.60 feet, thence North 00 02'36" Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56'09" West along said centerline of alley, 131.27 feet; thence South 00 06'09" West along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56'09" West along Allen Street; thence South 00 05'51" West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58'27" East along said South line of McCartney Street, 12.91 feet; thence South 00 06'09" West 6.11 feet; thence North 89 56'09" East 308.71 feet to the Point of Beginning. ~t~~~ ~~l'4~'~ ~i"~1~~ SEP - 4 2009 a~;~« v~c;~c~~ Map of 1400 Riverside Dr, South Bend, IN 46616 .--. ~ k Iii ~ : ~ l3 Page 1 of 1 Map of 1400 Riverside Dr, South Bend, IN 46616 ~'~~(~~~~ vK r l~ I S i33 ',~ ~~c'~ ~' _. srt ~ ~ ~~,. ~ i '~~}-5,~, y0~ ~ t v, O~~ i ,~ i ~, i ~~ ~ ~~a~a;: #o~r~e~r i - -X5.1.' . ..+. ._ When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. %%i; %% ~~ 8 SUPPLY ITLETS ~: xh~ib:iic B ;IBUTION I ~ ~ BURNT PARTS `- PANEL PROFILING HILLER AREA IDLER ROLLER CONVEYORS 4d' PROFILING ~ CpNV. ~ ~ ~ ~ 20' CONY. ZO' CONV. ~ 20' CONV. 20' CONY. ~ AREA ~? 4' m 6~ et%'F~ ~~ ~ Fes: e~ ~" ~ ~' `~t ~F . ~, v f ~ °' ~~ ~~ "ij ~,~ ,; } ~ t~yl ~? ~ t. O .~ ` ~. ~``_ • -_. ~• ~ '. ~ `~ T t j. ~ • r i ~ ..:.r A 'X ''.' - ~ a !, ~' a, 1 •' -~~'~ ~ ~ ~ s~^ '-_-- • ,!~ .J...i• --~~ ' ~ ' M ~. .h,. ~ ~ ~ ~ t\ _ (~ `f ,.. `tom ,,~„~... - - 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 A Vacant Lot Between 1016. and 1032 West Washington Street AS RESIDENTIALLY DISTRESSED AREA(S) FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR South Bend Heritage Foundation, Incorporated WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as the vacant lot between 1016 and 1032 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land 120.78 feet, East and West, by 144.64 feet, North and South, located in the Northwest corner of Bank Out Lot Numbered Eighty-nine (89) on the second Plat of Out Lots to the Town, now City of South Bend, platted by the State Bank of Indiana. (In the process of being replatted into two equal lots -Lots #1 and #2 of Washington Street Minor Subdivision.) and this property has Tax Key Number 18-3068-2608, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community 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 a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et se ., and South Bend Municipal Code Sections 2-76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 1 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 fmds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and fmds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. 2 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council *~s~;iit~~ ~.4~~~ Ftu~u:~t 3i ~ .i., tl. ~~ EiAF~~t~.i~ L`~ t~3~,~•~~~v -.:',I~ Fps ~ ` i ±y~ ~~ ~ -~Y• X34-=,:~.S~J '~` `t e'+ f~ ~ }~ t ~n `s'~i:~Ji`~si~'4~'r"~!!Yp Z' ~ `i~:~is': EE (:~,'~~(~~({ [[};~ ('~inT*~..~9M' ~r~kMb SJii ff7 ~:.°J~ i~I~tS F.`3v~f; ^~-, ~`iW ,!V Err iSii G ~1 ~' P SEP 1 S 2009 3 - r~or r~~~o~~ - ~~t~~~ vc~er~~ AD06'T€~ r GI`~'d CLEh~, Sf~. ~~,D,~„~,~„=,~a 120() 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 HL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR September 14, 2009 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: South Bend Heritage Foundation,. Inc. Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by the South Bend Heritage Foundation, Inc. to build two single-family homes on a vacant lot located between 1016 and 1032 West Washington Street. The lot is in the process of being replatted to hold the two homes. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build two single-family homes at a cost of ,approximately $180,000 each. The project meets the qualifications fora (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, September 28, 2008. 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, ~~ ~l Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAx: 574/235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVAAU 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 $L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: South Bend Heritage Foundation, Inc. DATE: September 14, 2009 On September 11, 2009, a petition for residential tax abatement consideration for real property located on a vacant lot between 1016 and 1032 West Washington Street was filed with the City Clerk by the South Bend Heritage Foundation, Incorporated. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was refereed to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION The South Bend Heritage Foundation, Inc. intends to construct two new single-family homes on the vacant lot they currently own on West Washington Street. The lot is being replatted to permit the construction of the two homes. The homes will each have two stories totaling approximately 1,700 square feet with three bedrooms. The average cost of the two homes will be approximately $180,000. The two homes are part of the first allocation of the Neighborhood Stimulus Program (NSP) funding. Several single-family homes will be built in targeted areas to serve homeowners with a household income of up to 120% of the Area Median Income using NSP funds. The sales prices of the two homes will be discounted in order to make them affordable to these potential customers. South Bend Heritage will be the developer of several of these houses. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAx: 574/235-9697 5741235-9371 South Bend Common Council RE: South Bend Heritage Foundation, Inc. September 14, 2009 Page 2 Total taxes to be abated for the two houses during the (5) five-year abatement period are estimated at $16,827.76. Total taxes to be paid for the two houses during the (5) five-year abatement period are estimated at $3,896.70. ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has been associated with or granted the following previous abatements: Term/Type Resolution No. Date 10 year real property 1967-92 8/20/1992 10 year real property 2210-95 1/09/1995 10 year real property 2383-96 7/08/1996 10 year real property 2465-97 6/09/1997 5 year real property 2504-97 8/25/1997 10 year real property 2519-97 10/10/1997 5 year real property 2515-97 10/13/1997 5 year real property 2655-98 8/07/1998 10 year real property 2726-99 4/28/1999 5 year real property 2727-99 4/28/1999 5 year real property 2748-99 6/14/1999 5 year real property 2936-00 10/9/2000 10 year real property 3084-02 4/22/2002 5 year real property 3160-03 2/10/2003 5 year real property 3179-03 4/14/2003 5 year real property 3473-OS 6/13/2005 5 year real property 3474-OS 6/13/2005 The petitioner is in compliance with the reporting requirements for the previous abatements. 2. The Building Commissioner has reviewed this petition and finds the properly to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the West Washington/ChapinDeyelopment Area, which is a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, .Single Family Residential Construction. 5 YEAR 14-Sep-09 South Bend Heritage Foundation, Inc. South Bend Portage Township Residential Real Property Tax Abatement Schedule` Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost)~.~~~/o LAND Value ~R,000 . ~'; Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Total Taxes Tax Abated" Tax Paid"" 153, 000.00 153, 000.00 153, 000.00 10,000.00 N/A N/A 163, 000.00 153, 000.00 15 3, 000.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (40 250.00) (40,250.00) (40,250.00) 74,750.00 64,750.00 64,750.00 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of N/A N!A (64,750.00) NIA 0.00 N/A N/A N/A 10,000.00 74,750.00 64,750.00 10,000.00 4.3592% 4.3592% 4.3592% Gross Tax (tax rate x net assessed value) 3,258.50 2,822.58 435.92 Less State & County Homestead Credit: 0.4625% _ (345.72) (299.47) (46.25) Tax Due Before Circuit Breaker 2,912.78 2,523.11 389.67 Less Circuit Breaker Credit (840.34) (840.34) 0.00 Net Tax 2,072.45 1,682.78 389.67 Circuit Breaker Cap Circuit Breaker 1.0000% 1,630.00 1,530.00 1,630.00 Debt Service 0.5919% 442.45 383.26 59.19 Circuit Braker Cap 2,072.45 1,913.26 1,689.19 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 74,750.00 2,072.45 1,682.78 389.67 2 74,750.00 2,072.45 1,682.78 389.67 3 74,750.00 2,072.45 1,682.78 389.67 4 74,750.00 2,072.45 1,682.78 389.67 5 74,750.00 2,072.45 1,682.78 389.67 5 year totals: 10,362.23 8,413.88 1,948.35 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. "'Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE SOUTH BEND HERITAGE FOUNDATION, INC. ViL Between 1016 and 1032 W. Washington St. LAND* BUILDING** TOTAL Year 1 $874 $779 $1,653 Year 2 $874 $779 1,653 Year 3 $874 $779 1,653 Year 4 $874 $779 1,653 Year 5 $874 $779 1,653 Total $4,370 $3,895 $8,265 *Current tax levy **Additional tax revenue from new investment ;'`-`~"'4, STATEfJiENT OF BENEFITS 7~:::_ ~ REAL ESTATE IEJiPROVEhIIENTS air /' State Form 51767 (R2 / 1-07) cF ,~; Prescribed by the Department of Local Government Finance This statement is being completed far real property that qualifies under the following Indiana Code (check one box): ^ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1.4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20! PAY 20_ FORM SB-1 /Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the pu6fic hearing if the designating body requires information from the applicant in making ifs decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted fo the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 'Projects"planned or committed to after July 1, 1987, and areas designated afterJuly 1, 1987, require a STATEMENT OF BENEFITS. (!C 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment orrehabflitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed wish the CountyAuditorby the later of.• (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application tc show compliahce with the.Stafement of8enefits. (IC 6-1.1-12.1-5.1(b) and IC 6-1.f-12.1-5.3(j)] 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to Jufy 1, 2000, shat! continue to apply to a statement of benefits filed before n.r•, , onnn ~ ~ a• ~ Name of taxpayer ~o ~ H-L~ f d 4 ~ f~-,1 a!J ~C. Address of taxpayer (number and sheet, city, state, and ZIP code) D ~./ NCra! /~ t~J/q-~- fns ~~ L- !7 / IJ Cv/~o N me of contact person ~L7'~ s•4NL~C"lc)5 Telephone number '(pZ /•j" S?'~-oZS9- /D(o/v E-mail address nlec~«no~r~e~sG'sb h,eri , Name of designating body Resolution number /~ ~L~~l L~11~-t ~ ~e.r L Location of property County DLGF taxing district number Description of real property improvements, redevelopment, or rehabilitation (use addifional sheets if necessary) Estimated-start date (month, day, year) ~o/ice actzs- r-},-T>~.,-I~-~ ~~+~~:-T' Estimated completion date (month, day, year) Current number Salaries Number retained Salaries Number additional Salaries V~ 14 1~1 t~s' IJ ~ -4' -..3 1'9- ~ ~ ~ -4- NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values ~~• ~v Plus estimated values of proposed project b a Less values of any property being replaced ^ ~ "' ""d Net estimated values upon completion of project ~ 30 - ^ ~ - ~ ~ • ~ ~ • -• ~ Estimated solid waste converted (pounds) Estimated hazardous w~nvefte~..(paiuads)----~--"-'°'I Other benefits [=°:pf°; .'.t~'Ei_ `~~ ._ ii&~~ I I' o~LrL ~}-L f~ 5(7~~~ i I ,- ~y,' ~ 1 ~ I~-~--~-- _ _ A' ~ . I•hereby certify that the representations in this statement are true. Signature of authorized represen 'v Title Date signed (month, day, year) ~~ G (f E/ Page 1 of Z I .-...~ __ --x-~~.' 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 this 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 distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ^ No C, The amount of the deduction applicable is limited to $ D. Other limitations or conditions E. The deduction is atlowed 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 true ofauthorized member of designating body) Telephone number I Date signed (month, day, year) Attested by (signature and title of attester) I Designated body If the designating body limits the time period during which art 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 five (5) years. B. For redevelopment and rehabilitaiion 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. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed iwo (2) years. Page 2 of 2 Statement of Benefits for v/I on W. Washington Street (18-3068-2608) Section 2: Description of real property, improvements, redevelopment or rehabilitation: A vacant lot on W. Washington with 120 + feet of street frontage will be replatted into two lots (Lot 1 and Lot 2 of Washington Street Minor Subdivision), each with 60 + feet of street frontage . Two approximately 1,700 square foot, two-story, three bedroom houses will be built on these lots, starting with Lot 2. Section 5: Other Benefits. The beneficiaries of these houses will be single family, owner occupants that have a family income of 120% of the Area Median Income, or less. The sales price will be discounted by approximately $40- 50,000 inorder to be affordable to these potential owners. This opportunity to provide affordable housing through granting a discount is a direct result of the NSP (Neighborhood Stimulus Program) monies allocated by the Federal Government to South Bend. CITY OF SOU'I'Ii BEND,1-ND~IANA PETITION FOR RESIDENTIAL TAB ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C.. 6- 1.1-12.1-1, et sea.' and South Bend Municipal Code Sec. 2-76 et sea.' for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): South Bend Heritage Foundation (a community development corporation formed in 1974 to work on the stabilization and revitalization of the near west side neighborhoods of South Bend) owns a lot between 1016 and 1032 W. Washmgton which Is approximately 17 458 square feet (or 0 40 acres) The frontage along West Washmgton ~s 120.78 feet. A roposed replat will divide it into two lots each with approximately 8 729 square feet (or 0.20 acresl and a frontage along West Washington of slightly over 60 feet (see Washington Street Minor Subdivision survey for the proposed re lat provided with Exhibit Bl. As part of the first allocation of the Neighborhood Stimulus Program (NSP) funding several single-family houses will be built in targeted areas to serve homeowners with a household income of up to 120% of the Area Median Income. South Bend Heritage Foundation (SBHFI will be the developer of several of these houses. The two houses that will ultimately built on these lots will be two story three bedroom homes of approximately 1,700 square feet. The first will be built on Lot 2 of the new Subdivision The benefic~anes of these houses will be smgle family owner occupants that have a family income of 120% of the Area Median Income, or less The sales price will be discounted in order to be affordable to these potential owners. This opportunity to provide affordable housing is a direct result of the NSP funds allocated by the Federal Government to South Bend. Receiving tax abatement on the property will help the families adiust financially to homeownership and to b_u_dget for the mcrease in the property tax in five nears time. SBHF strongly believes that a key component to stabilizing neighborhoods is encouraging residents of mixed incomes to live there By providing affordable options on W Washington where its housing stock of large homes ~s gradually being converted back to single family the goal of mixed income residents can be achieved as can increased stabihty. SBHF fi_nnly believes that constructing affordable housing on these two new lots help achieve the national goals set out m the Federal NSP initiative. 2. Estimate the dollar value of the construction project (do not include land cost): $ Approx. $180.000 per house . The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest South Bend Heritage Foundation, Inc 803 Lincoln Way West SB 46616 100% 4. The commonly known address of the Property is:_ Vacant lot between 1016 and 1032 W. Washington (to be replatted into two lots and having tax key no.: 18-3068-2608 (to be split) (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. Exhibit A attached 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. Exhibit B attached 7. The current assessed valuation of the property before construction is $_ 18.100 (use additional sheet for multiple addresses). 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. Exhibit C attached 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): 2007 bavable 2008 $873.93 2006 yavable 2007 $747.69 10. What is your best estimate of the after completion market value of the property: $ 130 000 -140 000 per house to qualified buyers (sale price discounted $40-50,000 uer house to achieve the goals of the Neighborhood Stimulus Pro ram. 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit maybe issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: This ro'ect will be 100% financed throu h the NSP 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: The 1963 edition of the Sandborn Ma s of South Bend show no buildin on this lot but indicated an address of 1026 W. Washin on. Therefore an house that ma have been on the lot was demolished before 1963. It is located in an area that experienced severe disinvestment since the 1960s when many of the grand houses were divided into apartments or used for businesses or demolished It is close to the infamous "block " at Washington and Walnut where drugs and crone were on the increase discouraging any development and investment. People wanted out, not to move m. It ~ m the same block as the Natatorium and Hansel Center which became until recentl bh hts on the block. There was no develoQment. B the late 1980s and early 1990s this scenario started chap in with the demolition of the "block" and construction of affordable dualeaes and triplexes (R'est Washington Homes) and west of that. new construction of single family. owner occupied affordable homes More recently the plans for making the Natatorium mto the Civil R~uhts Heritage Center are in the rocess of bein im lemented and be innin lane for the Hansel Center to be converted mto an extension of Notre Dame's Center for Latino Studies The climate for development has changed and investment in housing is increasing gradually in this neighborhood. 14. The current use of the property is vacant lot and the current zoning is SF2 (use). 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): Included in the WWCDA on 10/23/2987 ______~--------------------------- 2 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: ------- Name ____Dea Andrews South Bend Heri a Foundation nc. _________________________ --------------------------- Address __ 803 Lincoln Wa West _____-____-_--__---- City, State, Zip _South Bend Indiana 46616 ------------------------------------------ Telephone ___574-289-1066 ext. 215 ---------------------------------------------- WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): South Bend Herit?~e Foundation. Inc. _ Bv~_- - (Signature)~ Philliy Byrd, Executive Director __ (Typed or printed name and capacity) Fi~~~ 1n ~1~6'k'S t~~f ce Sao ~ 1 2009 „~IPt ~1CQ~DE SOUTH BEND HERITAGE FOUNDATION RESIDENTIAL TAX ABATEMENT PETITION EXHIBIT A: LEGAL DESCRIPTION 18-3068-2608 VACANT LOT ON W. WASHINGTON STREET A tract of land 120.78 feet, East and West, by 144.64 feet, North and South, located in the Northeast corner of Bank Out Lot Numbered Eighty-nine (89) of the Second Plat of Out Lots to the Town, now City of South Bend, platted by the State Bank of Indiana. In the process of being replatted into two equal lots -Lots #1 and #2 of Washington Street Minor Subdivision. 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Reproduction of this material is not ossible without the written ermission of a Michiana Area Council of Governments. r-- ----~-----_ 2009 _~..._... .r..._._~ .F.. ~:,;r;~, http://www.macoggi s.com/arcims/ims? ServiceName=MACOGOverviewMap&ClientVersio... 9/3/2009 WASHINGTON 5TREEFIT M1NUt~ ~UtS111Vl~lVly PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA PTION LRDEL LOGTED IN THE NORTNIEBT OVARRR OF lETTR)N 11, TO'ATIlHP J] Ntt, IP NOINIA B ~NNINC AT TiE f10RTNG3FroCORNER Oi BUIN OUFOT~ TIERFA 09 OF IHE SECOND PUT OF OUi LOTS TG THE TOWN MOW Gtt aF TN BwO. PIATIEO BY THE STATE BANN OF INDIANA: THENCE sOUM DROTl1' T AIDNC THE EAST UNE OF SARI OUf LOT B9. 1118! TFEf TO THE NORM R-DF-WAY LINE Q< A 11.00 FOOT PUBLIC ALLEY; MENCE NORM BY89'DB' T, ALONG SND NORTH RIGHT-0F-WAY IJNE, 120A.! iFFT; THENCE NdiM 18'2!' G!T 1118] FEET TO THE SOUIN fiCHT-OF-WAY UNE OF WASNNGTDN EEf; THENCE NORTH 8000'00' FAST. HANG THE SOUM PIGM-OF-MAY UNE, .99 fFEf, TO THE POINT Of BEGINNING. RNNINC 0.10 ALREB MGiE OR 1E55. UECT TO ALL IEGAl RIGHT-OF-NAYB. AND EASEMENTS M RECORD. OD~AIN Nf~1TE' ' PARCEL aF GROUND GOES NOT iKL WRNIN THE FLOOD HALAO ARG A! 1NED ON AND SCALED FROM THE COMMUHItt PANEL AMP! ESLABUSHED BY MA i0R FLOOD INBURNlCE. TH6 PARCEL FALL! TWMm A 'C' ZONE C 0.A3 lN°! OH COMMUNRY PANEL N0. 1802]1 0001 C DATED (EBRUAM 1T, S PARCEL IS M ZONE 'C'. Tx ENFNOAMMENT NDIE: "BACND. LOTNUNE! ORR FASMFMENf~CRGTED IN THE MERCmUlUBOM~SpNUR01N0 !/B' IRONB SET, P.K NNLS IN ROAD IAIDINC lETBALNS !HALL LONFORN TO THE APPLMABLE PROVISNNI! Of THE DNINO ORDINANCES. E~FMFM NOTE: TIE BEST OF OUR gESEVtCN, AND FROM THE INFORNATgN SUPPLR.D TO lp /THE OWNER(S), ALl EASEMENTS OF RECORD ARE SHOWN ON iNb FIAT. MTFT Ll «FIGTON NOIE MANE OUSSIRGTION WIOM .1 WASHINGTON STREET LOCAL SMEEf A! SHOYM )TS 1 µ~D LOT 2~SHD~A'N ON TNT! PUT BHALL BE LONNELIEO TO NMILIPIL 'AIER ANO SANRARY SEWER LmES LOCATED ADJACEM 10 THE SRE KONG WSHINGTON SiPEEf. HERE pUT tOMMfREE OF THE ARG PLAN LOMMISSBNI ON THE BAY OF 2009 MEETNG. GRANfEO A VAmANtE TO NOf BE REOMREO 10 TIE NE ABOVE 4wilONEO SUBGWSION FIAT TD 1HE lECRON CORNER PER SEC1pH 1-11.0! OF ME CRY D< SOUM BEND, ST. JOSEPH COUNTY SUBGVIlRm ogrRa OgDINANS. 9DWAa wmT.r ImaW1R11 N9TLN n911 s1wAl 9N TIAS srv.Ww n mIw9F9 mR W,e Evwr 9NL.. AN+ RnnE P ~T'"°`R"a1n""1fIWL'~si°:TT1W0iR U~swi~saE~WnW`A.B~WI31w1R~TORVANma M"Na.`Ln` a2aMME Tq uswDR LoatNNS. r sxoAW, WW AnAlmwTC m nNNr w"r nut nays Wm >«E RFS2ECmc 9Bn. m.wR. Asw Ao~a~[rtN~c[ M~ F ~SIFNC~F~YOF aimnp~N~l~i.HOi~AaRwH9 YnN[IS"a~, ~L NO,,,"°"wn°""R"'os ~i,~ x m~""1n .~ImllM°o'mt".Brl°AVA,r o. ~ Dm Aw nnsA Alsnsanal. Nm TM"roun. L9Nrs+cn AN9 IDrx .al,aw : ~«N ~'; N.Pa~a«a u1Aaf POCWYV+L~3HOt^1 Ne1RM TN mT8119,.WORT A NOIOAnI WW D„P9NNDNML. NMIA~, ,~ :IAN~"A ;.N'a~1F° ~ .,T.N~DR a ,H.,W Fall Tn WNL " W, MH nw W1WW a ^~Raa~1: ~ MM~~;~1P.NM mDA,L~WNa,~o:R; ~a ~N~ , N' ~A'aR -1 I 9 2O.m' -1 I I ~ I ,~ ! I I a °I O : ~ I I v ~F ? l d ~W I ' ~` ~~~ ~.i ~ i I I . : Rnr TAR: I I I 9.„~'P I F n9W ([Lq I UI I _ - -"_ _ _L_ ~ .._ . _n.-- -If.00-lT.TVB(SC-Y~SY - _ -e~ _ _ _n.- - ~' - - ~ I I I o:;.~R LNL I I I I BI I w ~, s ~ w I ~ ~~ ~ I I .NN :ate A4 °'" ~ r I I I F,~ a~A~",~~^'~°,. I ~, , ~ ,~ T I I I ! I I i Wa~M°~~`''' i ~ I ~ ~ ~ ~ ~N~": B91o, g . =c ~~„tom ~ H a - I I ~ .AW a ""a' I i I ~y.M~'> ~` I ~ ,A I ~, ,n I k""'N~"~~.. Ha i ,~1 'T I I I C I a I I I I I I l a l ~ ~ i 1 I ~~ VICINITY MAP 1 "=2000' ~il~d to G:~~rt.','1 ~.i3tce QTY GIE'FK, et,,:,J .--' elmrnnnFR• SOURI Bw0 NERIMGE FOUNDATION ARN: OFA ANDREWS eDD Lmwu+wnY wEa 5011TH BEND. mDlAru {8818 R.L HARNER DANL COMMEIILE DRNE SOCBTES SOUTH BEND. INDMtM 16628 ~ ~~ ~9 s ! N ~ j ° ~3 ~ ~ ~' ~ g 0 20 I 40 60 ~ ~ T SCALE l' = 20' I SUPPORT DATA xsvistoxs 3 j 1 a 1 1'pH~lillVli~lV1V J1tT,r1r11 .1V111VUIG ~UI3L1V171V1V PART OF THE NORTHWEST QUARTER Of SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY Of SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA .sf, pESCRIP11pN~ A PARCEL LOOTED N THE NptiHwEST WAflTER Oi SECTION 11, fOWNSNN ]) NOPM, RINCE 2 EAST, CItt OP LOUTH BEND, PORTAGE TOWNSHIP, ST.JOSEPH COUNtt, NOMW BECNNNlG AT 1HE HOgTILASi CORNER OF KAHN OUf LOT NUMBEPEO B9 OF THE SECOND FIAT OF OUT LOTS 10 THE TOWK NOW CRY Di SOUTH BEMO, PU11F0 BY THE STATE BANK OF INONNN THENCE SOUTH OBO)~!1' WCSi KONG THE EAST LINE Oi SAIp OUT LOT 99, 141.6! FEET TO THE NORTH RIGHT-OF-WAY LNE K A 11.00 FOOT PUBLN: KIEV; THENCE NOR1H 9Wl9']e' WEST, KONG SND NORTH RICM-OF-WAY LINE. 130.9] FEET: THENCE NORM 00'09'2S~ FAST 511.9] IEET f0 RN:Hi--OF-WAY UNE~ 311 B9LIN~E TOF~WASNENOT~ OFEBEORMINOE ~mm OPOO'00~ FAIT. KONG THE ldRN COHTAINWO O.b ACRES MORE OR LE55. SUBJECT TO LEGAL PIOHT_pF_WpyS, AND EASCNENL! Di PECDRO. P OOD P uN NOTE: THIS PARC0. OF GROUND ODES NOT FKL WBHN TIE ROOD HAIMD AREA N DEEMED ON ANO lGLCD TRON _ ZONECARU AS SHOWN OLN COENANNIIY PANEL NO. II 02JI~000~E OAICDN FBRUNtY 1)~l YeIrKMO PMCR I! IN ZONE ~C. p IMAu' F LRD H irYT NOTE SET[NLKS~LOT LWESCOR FASEMEMS CREATED N THNE 11 REMUSOVBDMSION~~ o ~ 5/B' IRONS SEE. P.N. NNIS IN ROAD n O erm_ NOlE BUNAINC SETBACNB SHALL LONfORN i0 THE APPIJCABU PROVISNN] OF i1K ZONNG ORMNANLES. FACNFNT NOTE: TO 1HE BEST Oi OUR. EASEMENTS OF flECOgOTMANC 9MOWN ONN SUSP~* 10 V9 BY TIE OWNER(S), S7BEIZ ~Mm x ,Ip,JE LU959lGTON WITH 1.) WASHINGTON STREET LOCK STREET AS SHOWN •...~ A'0 e{VVEq NOTE! LOTS 1 AND LOT 3 SHOWN ON 1M5 PUT SINLL BC CONNECTED TO MUNICPK WATER NIO SANTARY SEWER UN6 LOCATED ADIACENT TO THE SITE KONG WASHINGTON STREET. e,nNCP NOTE: `TIE PUT COMMITTEE OF THE AREA PLAN COMMISSION ON TIE ___ WY Di ____~. 2009 NEETND. ORAMED A VMNNCE TO NOT BE REONflEO TO RE TNC ABOVE NENipNFD SUBOMSION PUT 10 THE SECTION CORNED. PER SECTION ZI-14.0! Of THE CITY Of SWTN BEND, Sl. JOSCPH COUNtt SUBOMSIDN CONTROL OPgNANCE. ~KaARttNiaA.RPNDT~: _ w~MWT wnmT[x HAI~OTAMN ~OAwvusFniRt lNY9X ~ ~NWf ~M~ lN[ e~KrY4~ uralm a «DN. LN~E m i°Clc°LWD wm?wi w~ un ~ au,~wlFw Lounoxs, W sx?AAEIA Nc c~Dlr°".~:2 THE iEm NiM OosMCf MFaR~~ ~O~W~WY rw[KKIwR~aVlio N~MGIIw eTYwl[IWn pOaHwM°E"~°aI ND aFNCA"~pir°.L'EFO.I~IS ~o °.w"Pn.°mr~ITn s'I"'Ano °o H' Ar. u`~DOCY ~i:m . cnaN Fu wwNR uIU`.i~ ~~,. n wo' ur.L wows ifa~NNRA"n~o aRDH'°ORewI°I~Om'owww. ssc~Y~PImN xmEDw TNi sAW WT Doti Nn FI.IIroer w Rppw~THi TK NN.naR "F,,L~: 'D':a ~i Ip°Rwr II°'waHPBIm a uwT. ruI THE Nw,E a wRa°~`ANO: a IxPA w.. a ro IH oEN ~W4t /MAOYPa M PEMAE. w~~ [MI 1In DETWEIiIOII WY Nua EI nN 19.)1 N LN I I f~I WYY Fi1e~1 Est ~':"~... i'.;;PI~R SEP 1 1 Zi)09 JOHN VOOROE CITY Cl.EitK, SOS QfFD OF DEOMATON WE THE UNOERSIGNID, OWNERS OF TIE RFIL 6TAlE SHOWN AND DESCRIBED HEREIN, W HEREBY UY OFF. PLAT. /JND SUBOMOE SND REAL ESTATE IN ACCORCNCE WNH THE REQUIREMENTS OF TIE BUBDMSN)N CON1R0. ORDRWJJCE OF THE LRY OF LOUTH BEND, INDVNA MR SUBDMSION SHALL BE KNDWN AND DESIGNATED AS: WASHINGTON STREET MINOR SUBOMSION KL STRECTS, RIGHTS-OF-WAY, KlFS. FUIUgC ROADWAY FASEUEMS, AND PUBUC OPEN SPPCES SHOWN Au0 NDT SEEIBACItOLINESCARE HEREBY ESTABUSHFD ASES OWN N TRS PLAT GBEfWEENEWHILH UNE9 ANO 1HE RICHi~~ ~ LINED Oi THE STREET(S). THERE SIW1 BE ERECTED OP WINTNNEO NO BUILDING OR S7RUCNRE. TIE AREAS OF GROUND DESICNATEO ON TMS PUT AND MMNED AS ~EASEYENTS~ ARE flESERVEp FOH TIE USES AS DESIGNATED i0R THE USE OF THE PUBLIC UTArt25 Axp INCLUDE BUT ARE NOT LW RED TO TiE MSTKUTON OF WATER Au0 SEWER M~~ PiEKL DUC1S, UNES AND WIRES, ORNNAGE fACRITES, AND ACCESS fOR PRESENT OR FUNRE DEVFLOPYENT, RU lNlES TO THE PHOPFA WTMORBIES AND TD ME CSEUEUT HEREIN RESERVED. ND PERNAIIENT OR OTTER STRUCTURES APE T) BE ERECTED OR MANTNUEO UPON SAID EASEMENTS Oi LWD, BUT THE OWNERS OF SAID LOTS IN THIS OWNERS OF TXS ELOTHER LOTS MTT1U5 SU0 EGOM90N• THE RIGHTS Di THE PUBUC VIILIRES. ANO TO THE RIGHTS OF THE THIS 6 TO CERDFY TINT THE IRAERBN:NEO ARE TIE OWNERS Oi TIE Uu0 DESCRIBED IHroR ETIEAlSE~ D PURPOSES THEY NAPE CWSED THE SAAW: 10 BE SUPVEY'EO AND SUBOMOEO AS INDICATED THEREON. THfREW SET FORM, AND W HEREBY ICNNOWLE2f~ AND ADOPT LNE PUT UNDER THE STYLE AIEI TTLE THEREON INDICTED. DAZED IH5 _CY D< ~___-, SOUTH BEND HERBAGE FOUNDATON BOJ LNCOLNWAY W. SOUT1 BEND, N 48916 NOTARIZAMIN STATEMEM STATE OF INONNA ) BS: CWNTY OF 5(. JOSEPH BEFORE NE THE UNDERSIGNED NOTARY PUBUC, IN AND TOR SVD CWNiY AUO STATE MO PERSONKLY APPBW THE A90VE NOTED PERSON(S). AND (EACH) SEPARATELY AND SEVERALLY ACKNOWLEDGED THE FOREGOING INSTRUMENT AS HIS u (1HEIR) VOLUNTMY ACT IMO ZOO FDR ME PURVp5E9 1HERpN ENPREGSED. WRNESS W HAND AND NOTARNL SEK THIS - DAY OF __, W COMYEiSN>N ENPNES JANUAgY Z, 2015. - YICHA0. J. pANLH ' NOTARY PUBUC RESIDENT a ST. JOSEPH COUHtt HEREBY GERTFF THA A NO URVEYOfl, LICENSED IN CDUPLIANCE IWIMLTHE UWS OF THE STATE OF IuDWJN THAI RECORDED ASEDOGUMEMEN0. TS 21395 INT~C ETEO OR CERRETED BY NE DH THE 21ST OF JULY, LOCTION, SIZE. TYPE. ANO INTERNE OF KL MOMIYENT$ ARE ALCUPAi0.Y SNOWN~ND THAT 1HE MONUIIFMS WILL RE NSTKLED W ACCORDANCE WITH THE PPOWSIONS OF TIE SUB~p~~N CONTROL ORDINANCE OF THE Cftt OF SOUTH BEND, INMANA ";~"moo a'e .4 HARMER, fl.LS, 19100]3 9LA2^F vVI C~yyAVM~IY~I.}fY~' 1 AFFWY, UNDER THE PENALTES FOR PERJURY, THAT I HAVE TAXEN RFASOtN ](`~. BQEDA[L EACH SOCVL SECURITY NUMBER N TMS DOCUMENT UNLESS REOUIREp BY UW: '~~aa P.L HARMER Al 4 V 0 20 I 40 60 I I T I SCALE 1' = 20' q, o ~Hw. VSG9E IATN 4YN1V.8 MKM ~ RRYISIONS YgF !3 ~~ °~ I ~_~~ ~~ ~, ~~9 1 M~ /~ ~~ ~, 5 D 1 4 1 I~e~ vhc .! I Lm ~., I uq .w I I I I I I ~ SOUTH BEND HERITAGE FOUNDATION RESIDENTIALTAX ABATEMENT PETITION EXHIBIT C: PHOTOGRAPHS OF V/L ON W WASHINGTON STREET (18-3068-2608) ~ TAKEN 9/4/2009 i. ... .. _.._. ..._, _ _ c ~., , - ~ ~.C• ~ ~ LOOKING :f~-: ~ -fit' `~ SE° 1 1 ~t.-r9 ____-_----~----_.~-~--_._:I JCriPt `vGw ~G@ CITY CLtrs~i;~, ~Q. Ca'+7, 4'~R. .. ~TM J ,. - 1. ~ k t ~'~ .i.4 J.. ~,My S}~ '~': ;••: .~..r. - ~y ,y i y d{ , '. ?~~.7'` y ,r it ~.+v ~ "' .,v. .+..~ j Fety~ ME2~v ~ +° / J d ~ 'v: ;~ ~ -~ _ . wfr ...may .;~{IWr:~. ~. x ,{; ~ "9 ~ ~,~ ~~~~ "~ ..~.. s a < - . ,~ .v ._ -- ~ .... ,..... Rte,.:.., t..rrt`.-•. a<,. ""'" "'`+~+'. •t< LOOKING NORTH EAST `~` '. ~'S" w: . 1200 COlJNT1--CITY BUILDING 227~JEFFERSONBOULEVARD SOUTH BEND, INDIPNA 46601-1830 PxoraE 574/ 235-9371 Fay 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY E3CECUTIVE DIRECTOR I'~j11 F~~-ll-~1 September 18, 2009 Mr. Derek Deiter President, South Bend Common Council 227 W. Jefferson Blvd., Suite 400 South Bend, IN 46601 Dear President Deiter: The attached bill for Council consideration and approval will appropriate $1,148,607 in Homelessness Prevention and Rapid Re-Housing (HPRP) funds. This action allocates new funds in accordance with the 2008 Action Plan and Amendment of the Housing and Community Development Plan submitted to the Department of Housing and Urban Development on May 20, 2009, and further amended and resubmitted on July 7, 2009. The funds being made available are part of the American Recovery and Reinvestment Act of 2009 (ARRA) and represent a one time formula allocation to South Bend as an entitlement community. As was provided to the Council in an Apri130 2009 memo, the HPRP funding is allocated for communities to provide financial assistance and case management services to prevent individuals and families from becoming homeless, and to help those who are experiencing homelessness to be quickly re- housed and stabilized. Additionally, the memo indicated that the City would allocate to the appropriate agencies working with its Continuum of Care. To that end South Bend's approved amendment indicated the City would conduct an application process for the allocation of these funds. Four applications were received with four.being recommended for funding. Please know that there will be only one point of entry into this program related to the provision of financial assistance. That point of entry will be the Center for the Homeless. For that reason the Center's funding level includes the dollars for the financial assistance service. F:\DATA\SHARE\COMA~EV\HOMELESSNESS PROGRAM\2009 HPRP LETTER FOR ORDINANCE.DOC COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAT7ELA C. MEYEA DONALD E. INKS MANAGEMENT ~ n 574/235-9660 5741235-9371 EuzAEErx LEONARD FAx: 574/235-9697 574/235-9371 , ~I/ The City received the IiPRP Grant Agreement on July 20, 2009 and has been notified by HCTD that the Release of Funds date is August 19, 2009. Grantees will have approximately 36 months to use the funds with all funds being spent no later than July 19, 2012. Should there be any questions on this bill please contact me at 235-5845. I will be present to address this issue at the October 12, 2009 meeting. Thank you. Sin~~re o r ~~ ~~~ Pamela C. Meyer Director cc: Jeff Gibney, Gregg Zientara, John March, Judy Rosheck Elizabeth Leonard F:\DATA\SHARE\COMIvIDEV\HOMELESSNESS PROGRAM\2009 HPRP LETTER FOR ORDINANCE.DOC SEP ? 2 2009 ORDINANCE NO. AN ORDINANCE OF THE FROM THE COMMUNIOTY DEVELOPMENT FUND (FUND APPROPRIATING $1,148,60 212) FOR THE HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOD THROUGH~TH YEAR BEGINNING, AUGUST 19, 2009, TO BE ADMINISTERE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Purpose and Intent: The government of the City of South Bend, in partnership with the City's private sector and residents, is comrriitted to the goal of improving the quality of life in the City, its neighborhoods, and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of Community and Economic Development, has applied for and has received on July 20, 2009 the approval of the United States Department of Housing and Urban Development to expend $1,148,607 in the execution of certain homeless prevention and rapid re-housing services, data collection and evaluation and program planning activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $1,148,607 is hereby appropriated within Community Development Fund (#212) for the program, year starting July 20, 2009, for the City of South Bend's Homelessness Prevention and Rapid Re-Housing Program (Program Year 2008). 'The appropriation shall be used as approved by the United States Department of Housing and Urban Development under Title XII of Division A of the American Recovery and Reinvestment Act of 2009 (Recovery Act). This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2008 Housing and Community Development (HCD) Action Plan and Amendment, which are hereby approved and incorporated by reference with respect to the following distributions: S-09MY-18-0011 Homelessness Prevention and Rapid Re-Housing Program Dismas ,Inc. $ 66,163 The Center for The Homeless, Inc. 507,103 Youth Service Bureau of St. Joseph County, Inc. 221,586 Madison Center 265,117 F:\DATA\SHARE\COMI~~IDEV\HOMELESSNESS PROGRAM\2009 HPRP REVISED ORDINANCE.DOC 36,138 Dept. of Community & Economic Development -Planning & Admin 52,500 Data Collection and Evaluation TOTAL $1,148,607 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. .~~ .~d~:~~ C/;~ Member of the Common Council Attest: City Clerk ~t~J1.~~ ~a'i ~~Ia ~°!~~ 6K 4~~F~Ca~~q~99"e~~S~i~Q}!C2'~i y~j~f"dr "'Lxt" ~ s`ue'}i9J IIF`o~i~~t~, tt~. G.r "+~8~~ ~~r'1 ~~ ~i~ii~ 1SS6I~~ Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 ~ at o'clock •m• City Clerk Approved and signed by me on the day of , 20-, at o'clock -.m. 7 sF RFQDING ~ ~ ~~~ plJ~LIG HEARING ~3 rd P.EADING NOi APPROVED REFERRED F:\DATA\SHARE\CONIIvIDEV\HOMELESSNESS PROGRAM\2009 HPRP REVISED ORDINANCE.DOC PASSED Stephen J. Luecke, Mayor ~E~~~ {iJ ~j~l`~'~ ®~fl~~ SEP 2 2. 2aoo ,IQfid 1JC'QP(iti= ~/`~ t e1~1FS ~`~=TTH(~R~13TJR~ LLp 600 1st Source Bank Center 100 North Michigan South Bend, IN 46601 U.S.A. (574) 233-1171 Fax (574)237-1125 Alan B. Feldbaum (574) 237-1114 alan.feldbaum@btlaw.com www.btlaw.com September 23, 2009 HAND-DELIVERED Mr. John Voorde ~ ~ ~~ ~ ~ ~ ~ t~ Clerk of the City of South Bend --__ 455 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Re: Ordinance for Consideration by the Common Council Pertaining to Those Certain City of South Bend, Indiana Variable Rate Demand Economic Development Revenue Bonds, Series 2007 (PEI/Genesis Project) Dear John: We are serving as bond counsel with respect to the modification of certain of the terms of the above- referenced bonds (the "Bonds"), and in such capacity we are hereby delivering to the Clerk of the City of South Bend the enclosed copies of the proposed Supplemental Bond Ordinance (the "Supplemental Bond Ordinance") pertaining to the Bonds, together with two copies of substantially final forms of each of the following documents (the "Bond Documents"), which are incorporated by reference into such Supplemental Bond Ordinance: (i) the Amended and Restated Trust Indenture (as described in the Supplemental Bond Ordinance); and (ii) the Amended and Restated Loan Agreement (as described in the Supplemental Bond Ordinance). The purpose of the Supplemental Bond Ordinance is to authorize the execution of the Bond Documents for the purpose of making certain changes in the terms and provisions which are contained in the original Bond documents, including, among other matters, authorizing the delivery of a confirming letter of credit to further secure the Bonds and extending the maturity date of the Bonds from April 1, 2027 to April 1, 2033. We hereby request that such Supplemental Bond Ordinance be scheduled for first reading before the South Bend Conunon Council on September 28, 2009 and that it be considered for passage on October 12, 2009,. and that the Supplemental Bond Ordinance and the Bond Documents be made available for public inspection, in accordance with Section 36-1-5-4 of the Indiana Code. I will be attending the meeting on October 12, 2009 to explain the Supplemental Bond Ordinance and to answer any questions. As you may know, in serving as a conduit in connection with these economic development bonds, the City bears no responsibility, financial or otherwise, with respect to the payment of, principal of and interest on the Bonds. The ordinance specifies that in Section 6. The issuance of the Bonds by the City merely allows the Borrower to obtain tax-exempt financing as provided for under the Internal Revenue Code. If you have any questions, please feel free to callus. Enclosures Sincerely, BARNES & THORFdBURG L P ~i~~~ ~l~ ~~t~~l"~~p~ °~1~~ L, ~~ Alan B. Feld aum -----._. SEP 2 2009 d~clP; ttQ~Pi~ - ~- /SBDS02 ABF 395035v1 Chicago Indiana Michigan Washington, D.C. ORDINANCE NO. AN ORDINANCE SUPPLEMENTING AND AMENDING ORDINANCE NO. 9722-06 WHICH AUTHORIZED THE ISSUANCE AND SALE OF THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT), ISSUED ON JANUARY 30, 2007 IN THE PRINCIPAL AMOUNT OF $8,105,000 (THE "BONDS"), APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, AN AMENDED AND RESTATED TRUST INDENTURE, AN AMENDED AN RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS; AUTHORIZING THE DELIVERY OF A CONFIRMING LETTER OF CREDIT AND THE EXTENSION OF THE MATURITY DATE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO. STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "C~") is a political subdivision of the State of Indiana, and by virtue of Title 36, Article 7, Chapters 11.9 and 12, of the Indiana Code, as amended (the "Act"), is authorized and empowered to adopt this Ordinance and to carry out its provisions. Pursuant to Ordinance No. 9722-06, adopted by to this Common Council (the "Council") of the City on or about November 27, 2006 (the "Ori final Ordinance"), the City on or about January 30, 2006 issued, sold and delivered those certain City of South Bend, Indiana Variable Rate Economic Development Revenue Bonds, Series 2007 (PEUGenesis Project) in an aggregate principal amount of $8,105,000 (the "Bonds"), and loaned the proceeds thereof to PEUGenesis, Inc., a Pennsylvania corporation ("PEP') and Tuliptree Associates, LLC, a Pennsylvania limited liability company ("Tuliptree") (PEI and Tuliptree, collectively, the "Borrower") to finance and refinance certain economic development facilities as described in the Original Ordinance. The Bonds are currently secured by a letter of credit (the "Letter of Credit") issued by Citizens Bank of Pennsylvania (the "Banl~'), and in order to provide additional security and liquidity for the Bonds and enhance the marketability of the Bonds, the Bank has requested to Federal Home Loan Bank of Pittsburgh (the "Confirming Ban1~'), and the Confirming Bank has agreed, to issue a confirmation of the Letter of Credit in the form of an Advice of Confirmation with respect to the Bonds (the "Confirming Letter of Credit"). Moreover, the Borrower has requested that the maturity date of the Bonds be extended from April 1, 2027 to April 1, 2033. There have been submitted to this Council proposed forms of: (i) the Amended and Restated Trust Indenture (the "Amended and Restated Indenture") between the City and U.S. Bank National Association, as trustee (the "Trustee"), pertaining to the Bonds, which Amended and Restated Indenture, among other things, permits the addition of the Confirming Letter of Credit and the extension of the maturity date of the Bonds to April 1, 2033; and (ii) the Amended and Restated Loan Agreement (the "Amended and Restated Agreement")between the City and the Borrower. The Common Council conducted a public hearing on October 12, 2009 on the proposed execution and delivery of the Amended and Restated Indenture and the Amended and Restated Agreement, the delivery of the Confirming Letter of Credit, and the extension of the maturity date of the Bonds until April 1, 2033, and, believes that such proposed matters will be of benefit to the health or general welfare of the citizens of South Bend, Indiana and complies with the purposes and provisions of the Act. The City, in connection with the delivery of the Confirming Letter of Credit and the extension of the maturity date of the Bonds, wishes to amend, supplement and restate (i) that certain Trust Indenture, dated January 1, 2007, between the City and the Trustee (the "Original Indenture"), as set forth in the Amended and Restated Indenture, and (ii) that certain Loan Agreement, dated January 1, 2007, between the City and the Trustee (the "Original Agreement"), as set forth in the Amended and Restated Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA.AS FOLLOWS: SECTION 1. Incorporation of Recitals. The recitals contained in this Ordinance and in the Original Ordinance are true and correct and are incorporated in this Ordinance by this reference. SECTION 2. Incorporation of Previous Findings. Each of the findings which are contained in the Original Ordinance is true and correct and is incorporated in this Ordinance by this reference. SECTION 3. Findings- Public Benefits. This Council finds that the execution and delivery of the Amended and Restated Indenture and the Amended and Restated Agreement, the delivery of the Confirming Letter of Credit, and the extension of the maturity date of the Bonds until April 1, 2033 (i) will be of benefit to the health and general welfare of the City and its citizens, and (ii) complies with the purposes and provisions of the Act. SECTION 4. Authorizations. The Council hereby authorizes the execution and delivery of the Amended and Restated Indenture and the Amended and Restated Agreement, the delivery of the Confirming Letter of Credit, and the extension of the maturity date of the Bonds until 2 April 1, 2033. The amendments which are contained in the Amended and Restated Indenture and the Amended and Restated Agreement and in the terms of the Bonds will result in the Bonds being deemed to have been reissued for purposes of the Internal Revenue Code of 1986, as amended. SECTION 5. A royal of the Amended and Restated Indenture and the Amended and Restated Agreement. The Amended and Restated Indenture and the Amended and Restated Agreement are hereby approved in the forms submitted to this meeting, and a copy of each such document shall be kept on file by the City Clerk (the "CleYl~'). The Mayor (the "Executive") and the Clerk are hereby authorized and directed to execute and deliver such documents without further approval of the Council in substantially the forms herein approved with such additions, deletions and modifications thereto as may be approved by the Executive and the Clerk, as permitted under the Act, the execution thereof being conclusive evidence of such approval and of the approval of the Council; and the Clerk, or any authorized representative of the City, is hereby authorized and directed to affix the seal of the City to such documents and to attest the same. Two copies of the Amended and Restated Indenture and the Amended and Restated Agreement, hereby incorporated into this Ordinance, were duly filed in the Office of the Clerk and are available for public inspection in accordance with Section 36-1-5-4 of the Indiana Code. SECTION 6. Limited Obligation. THE BONDS AND THE INTEREST THEREON DO NOT AND SHALL NEVER CONSTITUTE AN INDEBTEDNESS OF, OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWER OF, THE CITY, BUT ARE LIMITED OBLIGATIONS OF THE CITY PAYABLE 5OLELY FROM REVENUES AND OTHER AMOUNTS DERIVED FROM THE AMENDED AND RESTATED AGREEMENT. SECTION 7. Other Action. The Executive and the Clerk are hereby authorized and directed to execute and deliver, in the name and on behalf of the City, any and all additional documents and instruments necessary or proper and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Ordinance (including the recitals hereto and the documents mentioned herein). The Executive and Clerk may, by their execution of the documents requiring their signatures or imprinting of their facsimile signatures thereon, approve changes therein and also in those documents which do not require the signature of the Executive and/or Clerk without further approval of this Council if such changes do not affect terms set forth in Indiana Code Title 36, Article 7, Chapter 12, Section 27(a)(1) through (a)(10). SECTION 8. No Personal Liability. No stipulation, obligation or agreement herein contained or contained in the Amended and Restated Indenture and the Amended and Restated Agreement, the Bonds or in any other agreement or document executed on behalf of the City shall be deemed to be a stipulation, obligation or agreement of any member of the Council, or any officer, agent or employee of the City in his or her individual capacity, and no such member of the Council, officer, agent or employee shall be personally liable on the Bonds or be subject to personal liability or accountability by reason of the issuance thereof. SECTION 9. Action Approved and Confirmed. All acts of the officers of the City which are in conformity with the purpose and intent of this Ordinance and in the furtherance of 3 the execution, delivery and performance of the documents and agreements authorized hereby are in all respects ratified, approved and confirmed. SECTION 10. Severability. If any provision of this Ordinance shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provision or cause any other provision to be invalid, inoperative or unenforceable to any extent whatsoever. SECTION 11. No Conflict. Any ordinances, resolutions or orders or parts thereof in conflict with this Ordinance are to the extent of such conflict hereby repealed. SECTION 12. Effective Date. This Ordinance shall be in full force and effect from and after its passage and compliance with Indiana law. PASSED AND ADOPTED by the Commmon Council of the City of South Bend, Indiana, this day of , 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Cd~uncil a7i~i~:~:~j ~;` ~~~'t,.;~ ~~:~ :~ f„ ~:y t=a rit1~ u~ 3f1 Attest: O~~i.t$~itS;a ii t~b`~}~~ €~.~~,s~~ 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. Deputy City Clerk Approved and signed by me on the day of 2 , at o'clock .m. 1 sg Et~Af7(~G l = ~`c~~ aualic HEARIhIG 3 rd READING NOT APPRC)~P REFERt EEA SEP 2 3. 20Q9 dS~Fi6i ~tOt~ G~ gfTY Gl;~st, ~(?. F~EidD~ f~4. City of South Bend, Indiana ~ ~pU TH g: ,, ~ i r ~~~~ i%d ~\EACE// ~' 1865 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District AI "Buddy' Kirsits At Large September 23, 2009 (574) 235-9321 Fag (574) 235-9173 TDD (574) 235-5567 http : / /www. s o uthb a ndi n. gov Members of the Common Council ~ ` ! ~ ~ ~ ~ ~~ --Q 4~ Floor County-City Building South Bend, Indiana 46601 Re: Proposed Ordinance Regulating Temporary Parking for a F'ee in Non- Residential Areas Dear Council Members: In 2007, Council Member at Large Al "Buddy" Kirstis and myself co-sponsored Ordinance No. 9785-07 which created special events and temporary parking on residential lawns. Since the passage of that ordinance, a fair and reasonable system has been implemented which properly balances the rights of the owners of residential properties with the rights of their surrounding neighborhoods. The article in yesterday's edition of the South Beni Tribz:ne announced that Kelly Park, a small neighborhood park at the southwest corner of St. Peter and Howard Streets, would begin having up to seventy (70) vehicles parked on it for a fee on home Notre Dame football games prompted some calls to me from residents. I have attached a copy for your review. Those residents voiced concern with regard to public safety items such as driving over curbs, maintenance of the lawn areas, Iack of supervision if a structure is not located on the property where parking will take place, monitoring ingress and egress of the vehicles, and noise -- just to name a few. Timothy A. Rouse At Large The attached ordinance addresses concerns with regard to proposed temporary parking on rion-residential areas for a fee on soft surfaces. This bill would call for Karen L. White no parking on soft surfaces such as grass. It would also implement a similar At Large procedure to be followed requiring a permit for parking for a fee. I look forward to discussing this proposed legislation with you and seek your support. Thank you. Most sincerely, ~.~-- ~t Timothy use ~~" Counci ember at Large Attaclunents cc: Mayor Stephen J. Luecke ~~t~~ ail ~~Qrt;<,~~ ~~c~~ SEP 2 ~ ~~'`ri°i ~§OQROF Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PROVISIONS OF CHAPTER 14, ARTICLE 9 OF THE SOUTM BEND IVIUNIC/PAL. CODE BY INCLUDING REGULATIONS FOR LIMITED PARKING WHERE A FEE IS CHARGED ON NON-RESIDENTIAL AREAS. STATEMEl\1T OF PURPOSE AND I1~1TEloTT On September 24, 2007, the South Bend Common Council passed Ordinance No. 9785-07 which created regulations addressing special events held in residentially zoned areas. This ordinance created reasonable regulations for residential areas which attempted to balance the rights of the individual residential property owner with the rights of the surrounding residents and neighborhoods. That ordinance also addressed special events held in residential areas and the resulting parking needs. The attached ordinance would create regulations for the temporary parking of vehicles in non-residentially owned areas for special events by requiring a hard surface for such parking. It would also create a permit system similar to the regulations in place for special event parking in residentially zoned areas. It is believed that this ordinance is in the best interests of the City of South Bend. ~~,.cry, ~~~, le ito~ai~~ by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 14, entitled SPECIFIC PUBLIC SAFETY REGULATIONS, of the South Bend Municipal Code, is hereby amended by amending various sections of Article 9 currently entitled Regulations Addressing Special Events in Residentially Zoned Areas, which shall read as follows: Article 9. Regulations Addressing Special Events In Residentially and l~ton~ Residentially Zoned Areas. Sec. 14-51 Definitions. For purposes of this Article, the following defmitions shall apply: Alcoholic beverage: See definition in IC § 7.1-1-3-5. Non-Residential Temporary Parking Ordinance Page 2 Approved parking area: Land meeting the requirements of sections 18-41, 18-42 and 21- 11.02 of this Code. Boarding house: A building located in a residentially zoned area of the city where more than two (2) persons, who are not related by blood, legal adoption or marriage, live together. Chronic violation: Violation of this article more than two (2) times by the same person. Community/campus advisory coalition (CCAC): A 21-member advisory task force consisting of representatives from residential neighborhoods, elected and appointed South Bend municipal officials, university/college officials, and university/college student officials who are charged with identifying neighborhood concerns and proposed action plans to address such concerns. Conditional use lawn parking permit: A document issued by the City giving conditional approval to permit the temporary parking of motor vehicles on lawns in a residentially zoned area. Conditional use permit for a special event at a boarding house: A document issued by the City giving conditional approval to a sponsor to hose a special event at a boarding house. Driveway: See definition in section 14-41 of this Code. Front yard: See definition in section 14-41 of the Code. Game day: A date when the University of Notre Dame hosts a home football game. Grandfathered: The right of sanction exempting a person or entity from certain zoning provisions as determined by the City of South Bend, which permits a use as a legal nonconforming use. Minor: A person less than twenty-one (21) years of age. Motor vehicle: See definition in section 14-41 of the Code. Non residential parkin area where a fee is collected shall mean any real estate not included in the definition for "residentially zoned area" set forth in this section. Park or parking: The standing of a motor vehicle, whether occupied or not, upon aright- of-way, driveway, front yard or side yard. See also section 14-41 of this Code. Residentially zoned area: SF1 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.01; SF2 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.02; MF1 Urban Corridor Multifamily District as further addressed in SBMC § 21-02.03; or MF2 High-Density Multifamily District as further addressed in SBMC § 21-02.04. Non-Residential Temporary Parking Ordinance Page 3 Right-of--way: See definition in section 14-41 of the Code. Side yard: An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line. See also section 14-41 of this Code. Special event: A planned or unplanned gathering of people. Special event.lawn parking: Temporary lawn parking for a special event in a residentially zoned area which is only permitted when a Conditional Use Lawn Parking Permit has been issued. Sponsor: The person who hosts, conducts or permits a special event, who shows to have possession of the property (a present possessory interest). If no sponsor is present upon the premises, the sponsor is deemed to be the property owner(s), as determined by reference to the records of the St. Joseph County Assessor. Street: See definition in section 14-41 of this Code. Temporary structures: Outdoor tent(s), trash container(s), chair(s), table(s) or equipment for outdoor music. Sec. 14-55. Limited Exceptions to Permit Temporary Lawn Parking for Special Events and Limited Exceptions to Permit Temporary Parking Where a Fee is Charged on Non- Residential Areas. (a) Any person who desires to temporarily park a motor vehicle on the nonpublic lawn of a residentially zoned area may only do so on a property which conspicuously posts in the inside front window of the residential building located thereon the one-day conditional use lawn parking permit authorizing such limited, temporary parking. (b) Permits shall not be required for construction or other service vehicles who have employees working at a residentially zoned area during such construction. (c) There shall be a maximum of twelve (12) calendar days authorized for lawn parking for a specific residentially zoned area per calendar year. d An erson who desires to tem oraril ark a motor vehicle on the non ublic area of a non- residential~arking area where a fee is collected may only do so on property which conspicuously posts on the,~r~erty the one day temporary conditional use parking permit for non-residential areas authorizing such limited temporaryparking. Non-Residential Temporary Parking Ordinance Page 4 See. 14-56. Temporary Residential One-Day Conditional Use Parking Permit and Temporary Conditional Use Parl;in~ Permit for I~1on-Residential Areas Procedures and Fees. (a) Application and proof of residency: A person who desires to park or who desires to permit the parking of motor vehicle(s) on the nonpublic lawn area of a residentially zoned area must have cone-day conditional use lawn parking permit. Such person must complete an application, file it with the Office of the City Clerk, and pay a nonrefundable application fee of five dollars ($5.00). Proof of residency for the subject property shall be required which lists the residential address for which the temporary residential special event one-day permit is requested. Acceptable documents include: (1) Indiana Driver's License; (2) Copy of a signed lease or real estate purchase agreement; (3) Current utility bill; or (4) Current bank statement which show the street address for the property in question. A copy of such document tendered shall be attached to the registration form. (b) Nonrefundable fee for parking less than ten (10) motor vehicles: If the applicant meets the requirements of this section for parking less than ten (10) motor vehicles, the Office of the City Clerk shall . issue aone-day conditional use lawn parking permit to the applicant, upon the payment of a nonrefundable fee of one dollar ($1.00) per parking space. All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (c) Nonrefundable fees for parking less than ten (1 D) motor vehicles for home football season: Permits for an entire Notre Dame home football season may be issued by the Office of the Licensing Auditor to qualifying applicants desiring to park less than ten (10) motor vehicles upon the payment of a nonrefundable fee of one dollar ($1.00) per parking space times the number of remaining home football games. All fees collected shall be deposited into the General Fund. (d) Additional documents and reviews when parking ten (10) or more motor vehicles: Any person who applies for aone-day conditional use lawn parking permit seeking to park ten (10) or more motor vehicles must also provide a lot survey, site plan or similar legal document which shows the following: (1) Location of lot lines and structures; (2) Setback of parking spaces of at least five (5) feet from all structures and lot lines; (3) Lanes for ingress and egress to parking surfaces; and (4) The location of proposed parking spaces. The above-listed information shall be referred to the Department of Public Works, along with a copy of the proof of residency document and the completed application form, for review and recommendation. The Department of Public Works shall determine the maximum amount of motor vehicles which may be safely parked at such locations based on the size of the lot, the information set forth on the tendered lot survey, site plan or similar legal document, and relevant public safety considerations. The Department of Public Works shall indicate the locations of the approved ingress and egress locations(s) and any approved temporary ramp structures. All parking must comply with the approved document. Non-Residential Temporary Parking Ordinance Page 5 (e) Nonrefundable fees for parking ten (10) or more motor vehicles: If the applicant meets the requirements of this section for parking ten (10) or more motor vehicles, the Office of the City Clerk shall issue aone-day conditional use lawn parking permit upon the payment by the applicant of a nonrefundable fee of twenty-five dollars ($25.00). All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (f) Nonrefundable fees for parking ten (1 D) or more motor vehicles for home football season: Conditional use lawn parking permits for an entire Notre Dame home football season may be issued by the Office of the City Clerk to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of a nonrefundable fee of twenty-five dollars ($25.00) times the number of remaining home football games. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (g) Filing deadline: No applications seeking a conditional use lawn parking permit for game day .parking shall be taken after 4:45 p.m. on the Thursday immediately prior to the game day. (h) Permit required to be displayed: Conditional use lawn parking permit holders and the motor vehicle owners who have their vehicles properly parked at such location prominently displaying the permit in the inside front window of the residential building located thereon, or if there is no building said permit shall be prominently displayed separately; with such persons being exempt from the provisions of Section 14-42 entitled "Parking Prohibited in Residential Lawn Areas", and the zoning regulations set forth in Sections 21-02.11 and 21-07.04 of the South Bend Municipal Code. (i) Exemptions: No conditional use lawn parking permits are required for parking on an approved driveway or parking space. (j) Violation for parking on date other than date listed on permit: Any motor vehicle which is parked on the lawn of a residentially zoned area on a date other than the date listed on the conditional use lawn parking permit issued under this section shall be in violation of Section 14-42. The owner of such a vehicle shall be subject to the penalties set forth in Section 14-44, as well as applicable zoning provisions of Chapter 21 of the South Bend Municipal Code. (k) Restrictions: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall not permit any vehicle to drive over an adjoining property during ingress or egress to their property. (1) Sight distance and impeding traffic: Motor vehicles parked pursuant to this section shall not interfere with the sight distance required for safe driving on a street, nor may parking of any vehicle impede pedestrian and/or vehicular traffic. (m) Driving over curbs: No person shall operate or park any motor vehicle on any portion of a lot in any residential district in a way requiring driving the motor vehicle over the curb instead of through a curb cut; unless temporary ramp structures have been specifically authorized and approved by the Department of Public Works to be used, as evidenced on the conditional use parking permit. Visual events of driving over a curb shall be evidence of a violation of this subsection, subjecting the person filing the application for the subject property being subject to a citation. Non-Residential Temporary Parking Ordinance Page 6 (n) Repairing lawn ruts: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall be required to repair all lawn ruts within thirty (30) days, weather permitting. All other lawn ruts must be repaired no later than April 30 of the following year. (o) Permit holder assumes all risk and peril: Any person issued a permit under this section assumes all risk or peril. Such person may be responsible for any and all physical loss or damages incurred which may result from any lawn parking on such person's property. The City of South Bend is free and harmless from any liability loss, costs, damages or expenses, including attorney fees and related expenses. (p) Tem orar Conditional Use Parkin Permit or Non-Residential Areas: All of the regulations set forth in this section shall apply to any person who desires to park or who desires to permit the parkin of motor vehicle(s) on non residential parking area where a fee is collected except that no parking~shall be,permitted on the lawn or grass area of the non-residential area. No permit shall be required where the primary use or accessory use of such lot or a portion of such a lot for the arkin of vehicles alread meets the re uirements of a arktri lot as further addressed in Sec. 21 11 02 of the South Bend Municipal Code. ~ ~ Citations: Any person violating any provision of this section shall be issued a citation for each violation by a Police Officer or a Code Enforcement Officer subjecting the violator to the penalty provisions of Section 14-58 of the South Bend Municipal Code. Sec. 14-59. 1®Ton-transferability; Refusal to Issue and Revocation Hearings. (a) Any person applying for a conditional use lawn parking permit, a Temporary Conditional Use Parking Permit for Non-Residential Areas or conditional use permit for a special event at a boarding house under this article is prohibited to transfer such document(s) to a different residential location. Such transfer shall be a violation of this article subjecting the violator to the penalty provisions of Section 14-58. (b) All refusals to issue a permit; suspension or revocation of permits issued under this article shall be governed by the procedures set forth in Section 4-16 of the South Bend Municipal Code. Section II. Severability. If any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. Non-Residential Temporary Parking Ordinance Page 7 Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and legal publication. Council Member T' thy A. Rouse John Voorde, City Clerk ~~ea~nte~ by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock _ .m. Janice Talboom, Deputy City Clerk ~~'v~uec~/cr~a,/a~ by me on the day of o'clock . m. Stephen J. Luecke Mayor of the City of South Bend, Indiana 1 st READWG ~-2.$'-~~ PUBLIC i SEARING 3 rd READWG NOT APPROVE-t~ REFERRED PASSET~ 2009, at ~it~~ t~ I~ris'~ ~f~c~~ SEP 2 ~. X09 JORN VOCRD~ CET'f CLEBK, BD• B>^t1D, IN. .. S®utb-,Bend.Tribiune.,.- . ®~asu~~s~s: :. ~4 -~ ~. ~N Tuesday; September 22, 2009 B1 . _. ,, ; . .. . ....., , _, V f , t ; t ' f 4', C - ,. 1. i _-~',%• ,~ ®Clt aI'k5 . ~ un`anunously approved a plan to going through the end of the year ;the parks board meeting and speak -~~ y P.~° •• ~ charge.foi•~parkmg during home if it attracts enough customers ~ agamsttheidea:Theflierpredicteii -departrlnent~ to raise games„ at Kelly Parlc"a 'small and-causes-no problems:for the-; the park would'be"'littered with `funds for`yoith '"neighborhood park'at the south- neighborhood ~ •~' - ~ '' ~- trash,`lieer bottles and food re- ~` r0- stains, , ` - v5'est corQer, ` of St. Peter -and At~ fulh capacity, the lot could mains from tailgate partres " ' P g Howard treets. ` `' generate nearly $8;400 for the But St. Clan told he board that -; By JEFF PARROTT ~: ' Parks superintendent Phil St parks departnentovertheseasons no tarlgatmg or=alcoholwill be a1- Tnbune Staff Writer t ~ _ .Clair; said ttie park could hold final sixhome games lowed. in the park PaTkmg will about'70 vehicles, v~nth fees of up The arks department expects ,open three hours before the game r, r .. .~ ~ ~,, to $20 per vehicle per game St about ~T 5 mihhon less m revenue and fans would have- to leave ' SOUTI~, BEND' ,-- The, ;city ,Clan said the' parlflng' will be next.°year because of state,enacted within 90 minutes afterward "" ~,' parkst'department hopes to-,help f ;availabje_foi~the next-two home property tax-cuts '= -' r fund'youth;prograiris v~th °c"ash ~ games; Oct 3 agauist the Umver ,'Someone recently had distnb Staff writer Jeff.Parrott: ; ' ,' Y; paid by Notre`Damefootb'allfans: ~ sity of.Waslvrigton,and Oct 17 ~uted~'fher's around the neighbor .:jparrott@sbtirifo:com - The parks board Mon'day`,'a~amst.USC. He would keept hood,'urging residents to attend ,(574) 235 6320 ~- ''` _... .. : Y::.~ Sz... ~:::. , .. _, .~t ~ .,33~~ ~~iE~~ ~t~11 i3 ,~t~ ,... ~~BRJ sEg 2 ~ ~ ~l~ G~~~'s:, _~'