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11-14-11 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL , MONDAY, NOVEMBER 14, 2011 7 : 00 P.M. 1 . INVOCATION 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 11-64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO HELP RAISE GREATER AWARENESS OF CHILD ABUSE AND NEGLECT AND TO URGE THE SUPPORT OF THE PUBLIC TO GET INVOLVED IN PREVENTING CHILD ABUSE AND NEGLECT IN OUR COMMUNITY 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 34-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3500 BLOCK OF EAST MCKINLEY AVENUE AND 600 BLOCK OF HICKORY ROAD, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA 58-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 717 EAST LASALLE STREET, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA 65-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $250, 000 FOR MAINTENANCE OF ALONZO WATSON PEDESTRIAN BRIDGE TRAVERSING CHAPIN AVENUE IN THE CITY OF SOUTH BEND IN 2011 6611 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $60, 000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2011 62-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE BOARD OF WORKS' SALE OF REAL ESTATE UNDER INDIANA CODE SECTION 36-1-11- 4 . 2 8 . BILLS, THIRD READING TIME: BILL NO. 34-11 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3500 BLOCK OF EAST MCKINLEY AVENUE AND 600 BLOCK OF HICKORY ROAD, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA 58-11 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 717 EAST LASALLE STREET, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA 65-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $250, 000 FOR MAINTENANCE OF ALONZO WATSON PEDESTRIAN BRIDGE TRAVERSING CHAPIN AVENUE IN THE CITY OF SOUTH BEND IN 2011 66-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $60, 000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2011 62-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE BOARD OF WORKS' SALE OF REAL ESTATE UNDER INDIANA CODE SECTION 36-1-11- 4 . 2 9. RESOLUTIONS BILL NO. 11-59 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 PROPERTIES LOCATED AT 618, 622, 626, 636 LINCOLNWAY EAST, VACANT LAND ADJACENT TO AND EAST OF 701 SOUTH STREET AND 611, 613, 701 SOUTH STREET AND 514 AND 518, RUSH STREET, SOUTH BEND, INDIANA 11-57 A RESOLUTION SUPPORTING THE INVESTMENT OF CAGIT, TIF, UDAG AND CEDIT MONIES IN THE CHASE TOWER IN DOWNTOWN SOUTH BEND 11-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE APPROPRIATION OF $179, 100 FOR THE CREATION OF THE MINORITY AND WOMEN BUSINESS DEVELOPMENT PROGRAM IN SOUTH BEND, INDIANA 11-65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND TO PARTICIPATE IN THE INDIANA FINANCE AUTHORITY ABANDONED LANDFILL INITIATIVE COALITION FOR THE PURPOSE OF SUBMITTING AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELDS COMMUNITY-WIDE ASSESSMENT GRANT S 5pU TE City ®f South Bend " Common Council le M 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter w President Oliver J. Davis Vice-President November 9, 2011 a Timothy A. Rouse Members of the Common Council Chairperson, Committee th of the Whole 4 Floor County-City Building South Bend, Indiana 46601 Derek D. Dieter First District Re: Resolution to Help Raise Awareness About Child Abuse and Neglect Henry Davis, Jr. Dear Council Members: Second District Thomas LaFountain I have filed the attached Resolution for your consideration under "Special Third District Business"at Monday's Common Council meeting. Ann Puzzello The national, state and local reports on child abuse and neglect, which are briefly Fourth District summarized in the Resolution, are most alarming. We have invited Jennifer Pickering, the Coordinator of Prevent Child Abuse St. Joe County to speak David Varner briefly on this topic; receive the Resolution Monday evening; and hear her Fifth District recommendations as to what other actions we as elected officials can take. Oliver J. Davis Sixth District Greater awareness, and more educational programs like the efforts at Washington High School which resulted in a collaborative effort with the WSBT Radio Group AI "Buddy" Kirsits airing public service announcements about child abuse and neglect. At Large I believe that we must all step up and work together to help protect our youth from Timothy A. Rouse all forms of child abuse and neglect. I ask each of you to join me in this cause. At Large Karen L. White Thank you. At Large Most sincere , Henry Davis, Jr., Chairp rson Community Relations Committee Attachment RESOLUTION NO. BILL NO. 11-64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO HELP RAISE GREATER AWARENESS OF CHILD ABUSE AND NEGLECT AND TO URGE THE SUPPORT OF THE PUBLIC TO GET INVOLVED IN PREVENTING CHILD ABUSE AND NEGLECT IN OUR COMMUNITY nationally, a report of child abuse is made every ten. (10) seconds with almost five (5) children a day losing their lives each day; and the rate of child abuse being estimated to be three (3) times greater than what is reported; and 6)f) in Indiana, thirty-eight (38) children died as a result of child abuse or neglect in 2009, with 89% of the children who died from abuse or neglect being 5 years of age or younger and 68% of the children were under the age of 2 years of age; and Ofi" recent news reports at the local and national levels show the very dire state of affairs involving child abuse and neglect cases; with Indiana reporting that more than 105,000 reports of child abuse and neglect are taken on average each year; and &)%" such alarming facts underline the urgent need for any person who has reason to believe that a child is a victim of child abuse or neglect make a report to any of the following agencies: Child Abuse Hotline 1-800-800-5556 South Bend Police Department 574-235-9201 St. Joseph County Police Department 574-235-9611 Mishawaka Police Department 574-258-1678 with Indiana Code § 31-33-5-1 setting forth the "duty to report" requirements. The State of Indiana's current website reports that at least one (1) child dies each week of unsafe environments; and child abuse or neglect refers to a child who is alleged to be in need of services (CHINS) with the governing Indiana state law being set forth at Indiana Code § 31-34-1; and QIACv� there is nothing in the Juvenile Code which limits the right of a person to use reasonable corporal punishment when disciplining a child if the person is the parent, guardian or custodian of the child; and Q any person, other than the accused, who makes a report of child abuse or neglect is immune from criminal or civil liability unless that person acted maliciously or in bad faith; and there are many programs and agencies working hard to prevent child abuse and neglect in our community, some of which include: ® Prevent Child Abuse St Joseph County (PCASJC), who has been a part of St Joseph County since 1993 and in 2009 joined the family of affiliates at Family& Children's Center who is Preventing Child Abuse and Neglect Resolution. Page 2 dedicated to "strengthening the emotional and behavioral health of the communities"; who joined with the mentors at Washington High School to address child abuse and neglect in their health classes resulting in more than 20 students working with WSBT Radio Group to produce Public Service Announcements [Email: contact@Xcasic.org and website: http://www.neasic.org] The Casie Center—A Child Advocacy Center Serving the Needs of Children and Families of St. Joseph County, Indiana [912 E. LaSalle Avenue, Suite 100, South Bend, IN 282-1414; thecasiccenter@ nail.com] ® Special Victims Unit(SVU) of the St. Joseph County Prosecutor's Office which was originally established in 1996 as the S.T.O.P. Unit and renamed and expanded in 2003 to be a multi- jurisdictional,multi-disciplinary collaboration in investigation and prosecution [Family Justice Center of St. Jospeh Count (FJC), 711 E. Colfax, South Bend; 235-7818] and many other organizations such as Healthy Families St. Joseph County, CASA of St. Joseph County, and for over a decade programs like "RoofSit" where U93 donates an entire week of air time and broadcasts from the roof of Martin's Supermarket to help educate the community and raise financial donations for the prevention of child abuse. Q/�oery, C��ea�ae, its 6eammcon �pare�szarl, e d"rAm a, as follows: Section 1. The Common Council of the City of South Bend, Indiana, believes that our community must rededicate our efforts to prevent child abuse and neglect. Section I1. The Common Council urges all persons,to work with agencies who are dedicating their efforts to prevent child abuse and neglect; and with the adoption of this Resolution the Council wishes to heighten the public awareness that child abuse and neglect will NOT be tolerated in our community. Section Ill. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Henry Davis, Jr., 2"' District Council Member John Vorrde, City Clerk Stephen J. Luecke, Mayor of the City of South Bend Filed In Clerk"S Officc NOT APPRO E NOV - 8 j! CITY CLERK Soi :t t��o�L3, iFd National Statistics A report of child abuse is made every ten seconds. Almost five children die every day as a result of child abuse. More than three out of four are under the age of four. ••° 31%of women in prison in the United States were abused as children. ••° Over 60% of people in drug rehabilitation centers report being abused or neglected as a child. °° About 30% of abused and neglected children will latex abuse their own children •e• About 80% of 21 year olds that were abused as children met criteria for at least one psychological disorder. •:° Abused children. are 25%more likely to experience teen pregnancy. Abused teens are 3 times less likely to practice safe sex,putting them at greater risk for STDs. *:® Children who experience child abuse&neglect are 59%more likely to be arrested as a juvenile, 28%more likely to be arrested as an adult, and 30%more likely to commit violent crime. •s• Children who have been sexually abused are 2.5 times more likely to abuse alcohol. ':• Children who have been sexually abused are 3.8 times more likely to develop drug addictions. •°•• The typical child sex offender molests an average of 117 children,most of who do not report the offence. The rate of child abuse is estimated to be 3 times greater than is reported. Indiana Statistics Indiana ranks in the bottom 10 states for spending on child welfare •a• 4600 reports of abuse/neglect were made in St Joe County in 2009 (last reported year) • 2009 Statistics Statewide o 38 children died as a result of abuse or neglect in Indiana Eighty-two percent of the neglect cases and 51 percent of the abuse cases were caused by natural parents.Thirty percent of the abuse cases were caused by the mother's boyfriend. ■ "Nine of the 38 fatalities occurred in families with at least one prior Child Protective Services substantiated investigation" ® 89 percent of the children who died from abuse or neglect were 5 or younger and 68 percent of those were under 2. Statistics: ® In Indiana, over 89,000 infants are born each year. Approximately 4000 in St Joe County. One in five children in Indiana live in poverty. d 1/3 of Indiana mothers do not receive prenatal care during the first trimester of pregnancy. 0 Indiana has more than 105,000 reports of child abuse and neglect annually. Of those,23% (24,108) are substantiated. • Neatly every week at least one child in Indiana dies of abuse or neglect. Nationally, near 5 children die each day. e In Indiana o 81% of substantiated reports are from neglect; 11.2% from physical abuse; 16.4% from sexual abuse. (There can be more than one substantiation in a case). 7 out of 10 child abuse cases are related to their parents alcohol and substance abuse. ® We know prevention works — for every $1.00 invested in prevention we save $37 doHarse ® Research suggests child sexual abuse is the most underreported form of child abuse. o 1 in 4 girls will be sexually abused before the age of 18 o More than 90% of abusers are people the children know o More than 60% of pregnant teens have been sexually abused o 20% of children who have been sexually abused are under the age of 8.... MOST NEVER TELL! bullying is a form of child abuse 0 160,000 children stay home every day because they are afraid 0 1/3 of all teens report being bullied while at school 0 20—25%of students are victims of cyber bullying • Every 9 seconds a high school student drops out of school • Every 10 seconds a child is neglected or abused • Every 5 minutes a child is arrested for a violent crime • Every 4 hours a child is a victim of homicide • Every 4 hours a child commits suicide • The presence of at least one caring person — no matter how awful a child's behavior — provides support for healthy development and learning. ❖ Annual cost of child abuse and neglect: 103.5 billion.(-Tow Lstim-ted Cost of child Abuse& Neglect in the United States,2007) x �/��rcycnPabv5c: rysLr� dia rec ti s ,_caa nc�v�sSZ?visnnact study final o Direct costs: ($33,101,302,133) ■ Hospitalization: $6,625959,263 ■ Mental Health: $1,080,706,049 ® 25%to 50% of child victims needed some form of mental health treatment. This number is based on 25% ■ Child Welfare: $25,361,329,051 ■ Law Enforcement: $33,307,770 o Indirect costs ($70,652,715,359) ■ Special Education: $2,410,306,242 • 22% of maltreated children have learning disorders requiring special education ■ Juvenile Delinquency: $7,174,814,134 • 27% of abused or neglected children become delinquents compared to 17% of the general population • Mental Health and Health Care: $67,863,457 • 30% of maltreated children suffer chronic health problems • Adult criminal justice system: $27,979,811,982 • 13% of all violence can be linked to earlier child maltreatment • Lost productivity to society: $33,019,919,544 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZ€ DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST: JOSEPH COUNTY. IN 227 W.JEFFERSON BLVD. ROOM 1140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (57.4)235-9571 August 17,2011 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Earth Designs Real Estate, LLC to zone from CB Community Business to PUD Planned Unit Development, property located in the 3500 block of E. McKinley Avenue and the 600 block of Hickory Road, City of South Bend-APC# 2597- 11 Dear Council Members: I hereby Certify that the above referenced ordinance of Earth Designs Real Estate, LLC was legally advertised on Thursday, August 4, 2011 and that the Area Plan Commission at its public hearing on Tuesday,August 16, 2011 took the following action: Upon a motion by Richard Warner;being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of Earth Designs Real Estate, LLC to zone from CB Community Business to PUD Planned Unit Development, property located in the 3500 block of E. McKinley Avenue and the 600 block of Hickory Road, City of South Bend is sent to the Common Council with an unfavorable recommendation. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the County Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, W, 66n W. Byorni JWB jsc Attachment CC: Earth Designs Real Estate,LLC Frank A. Perri SERVING:ST.JOSEPH COUNTY.SOUTH BEND.LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND www.stiosephcounty4rtdiana.com/Areaplan Staff Rego APC# 2597-11 Owner: Earth Designs Real Estate,LLC Location: the 3500 block of E. McKinley Avenue and the 600 block of Hickory Road, Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from CB Community Business District to PUD Planned Unit Development District to allow commercial, single family, multi-family and self storage. Laud Uses and Zoning: On site: Both parcels currently are undeveloped. The McKinley Avenue site has an access drive to the former Steve&Barry's building. North: To the north of both parcels are single family homes zoned SF1 Single Family and Two Family District. East: To the east of the McKinley parcel are two single family homes, a cell phone tower site, a dentist office, the Elks Club, and the vacant Steve & Barry's store zoned CB Community Business District. To the east of the Hickory parcel is the Town&Country shopping center in Mishawaka. South: To the south of the McKinley parcel are single fancily homes zoned SF1 Single Family and Two Family District. To the south of the Hickory parcel is the site of a proposed Dollar General, and two multi-tenant retail centers zoned CB Community Business. West: To the west of the McKinley parcel are single family homes zoned SF 1 Single Family and Two Family District. To the west of the Hickory parcel is the vacant Steve& Barry's store parking lot zoned CB Community Business District. District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. Site plan description: The McKinley parcel is 15.6 acres. The Hickory parcel is .75 acres. The developer proposes three phases. Phase 1,the northern 364'of the McKinley parcel, is proposed for self storage units in addition to uses allowed in the Phases 2 & 3. The buffering of Phase 1 from the adjacent residential includes a 6' high solid wood privacy fence and 14 evergreen trees. There is also a landscaping area to the south of Phase 1, Phase 2, the remainder of the McKinley parcel, proposes uses allowed in the CB, SF1, SF2, MF1 and M92 districts. The residential districts have been defined with a maximum number of units per acre, Single family would be developed at between 5 and 10 units per acre and multifamily would have a maximum of 30 units per acre. Phase 3, the entire Hickory parcel, proposes uses allowed in the CB, W 1 and M172 districts. There will be one sign on McKinley and one sign on hickory according to the standards for integrated centers - freestanding identification signs. The percentage of open space is 15%. All other standards shall comply with the current South Bend Zoning Ordinance. Earth Designs Real Estate, LLC #2597-11 Page 1 of 3 Zoning and land use history&trends: Prior to the adoption of the latest zoning ordinance in 2004, the site was zoned B Multifamily and C Commercial. In 2008, the McKinley parcel was petitioned to be rezoned to MF2 for multifamily dwellings. The Area Plan Commission sent the petition to the Common Council with an unfavorable recommendation. The petition was tabled indefinitely before the Common Council. Traffic and transportation considerations: Both McKinley Avenue and Hickory Road have four lanes. Access will be from existing curb cuts along McKinley Avenue and Hickory Road. A new curb cut is proposed on McKinley Avenue,subject to approval by the City Engineer. Additional information: In 2007,there was a "declaration of reciprocal easements"recorded as the result of the McKinley Hickory Minor Subdivision. These easements are for access, parking and utilities. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan South Bend Comprehensive Plan November 2006 LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. ED I.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map identifies this area as Medium Density Residential, 2. Current conditions and character: The site is currently vacant land. The character of the area is a mixture of commercial and residential uses. 3. Most desirable use: The most desirable uses for this property are ones that compliment the high density and commercial uses adjacent to this site. 4. Conservation of property values: The commercial property values to the east should not be affected by the rezoning. The surrounding residential property values may be affected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to accommodate appropriate and compatible responsible infill development on an underutilized property. Earth Designs Real Estate, LLC #2597-11 Page 2 of 3 Recommendation: Based on information available prior to the public hearing the staff recommend this petition be sent to the Common Council with a favorable recommendation subject to a final site plan showing the following: 1) The addition of 7 evergreens for a total of 21, along the north and west property lines of Phase 1,meeting the requirements of Table 21-07.01-B:Mhdmurn Size at Time of Planting, 2) The landscaping area on the south line of Phase 1 needs to conform to the South Bend Zoning Ordinance based on the type of uses ultimately.developed in Phase;2, 3) The height of the multifamily buildings be limited to 40'or 3-stories,and 4) If Phase 2 develops as multifamily, landscaping along the west property line, must at a minimum, meet the Type A: Open requErements :as defined in the South Bend Zoning Ordinance,with the possible addition of evergreens trees. Analysis: This PUD allows the property to be"developed with multiple options.If the property develops at a higher residential density, it would serve as``a buffer between the commercial development to the east and the residential area to the west. Additional'landscaping on the west,and reducing the height of the buildings;will further buffer the adjacent single family. If the property develops commercially,-the resulting development would be the same as if it were developed under the present zoning. Additional landscaping on the north aad west of'Phase l will further buffer the self storage units from the adjacent single family homes. The Staff would not normally support a PUD with such a wide range of uses on a relatively small parcel. However the Staff recognizes the difficulty of developing an infill property such as this one. The development must still be sensitive to the existing residential neighborhood to the west and across McKinley to the south, hence the additional recommendations relative to the screening, landscaping and height restrictions. Earth Designs Real Estate, LLC #2547-11 Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3600 BLOCK OF EAST MCKINLEY AVENUE AND 600 BLOCK OF HICKORY ROAD, COUNCILMANIC DISTRICT FOUR, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE LAND IS VACANT AND CURRENTLY ZONED CB —COMMUNITY BUSINESS AND IS BEING CHANGED TO PUD -- PLANNED UNIT DEVELOPMENT. THIS WILL ALLOW THE SITE TO BE DEVELOPED INTO A VARIETY OF USES TO INCLUDE THE CURRENT COMMERCIAL DEVELOPMENT AND ADDING SINGLE FAMILY, MULTI-FAMILY AND SELF STORAGE. THE PURPOSE OF THE NEW ZONING IS TO ALLOW THE LAND TO BE DEVELOPED IN A MANNER THAT IS MARKET DRIVEN AND FLEXIBLE IN ORDER TO ALLOW SUCCESSFUL DEVELOPMENT. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots 1 & 3 of the McKinley- Hickory Minor Subdivison be and the same is hereby established as PUD — Planned Unit Development. SECTION il. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Bend, Indiana { /a riser sOodev 5, nc., MICHAEL J. QANCH, L.A. Land Surveyors i Professional Engineers RON HARNER, P.S. Landscape Architects ■ Land Planners P.3 Honoroie Members of the city. Of September 6; 2011 South Bend Cormi�n ouncl . 4 ' 'Floor County-C.t. Building South Bend, Indiana 46603. RE: Rezoning Petitions for the City of South Bend through its Board of Public Works: Dear Council Members : Our clients are requesting the approval of a Rezoning Petition for the property located at 717 East LaSalle Street, South Bend, Indiana: This requested Rezoning would allow for the construction of athletic fields proposed for the new St. Joseph High School campus facility. Our clients believe the use of this property for athletic fields would be an acceptable use in this Northeast neighborhood area that presently contains a Mixture of varying land use types from: single family homes to commercial. facilities. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Fii Michael J. Danch President SEP - f 2011 5 � Danch, Harner & Associates CIITYCam.K,w0ii'i4 Sea),jt4 M 1643 Commerce Drive South Bend, IN 46628 208 West Mars . Berrien Springs,MI 49103 omce 5741234-4003 ■ $001594-4003 a Fax 574/234-4119 once 2691471-3010 a Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 717 EAST LASALLE STREET, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT 717 EAST LASALLE STREET, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED MU MIXED USE DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT TO ALLOW FOR PERMITTED USES UNDER SAID ZONING CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: THE EAST 130 FEET OF LOTS # 213, 214 AND 215 AND THE 14 FT. WIDE VACATED PUBLIC ALLEY ADJACENT TO AND NORTH OF SAID PORTION OF LOT # 213 ALL AS SHOWN ON THE PLAT OF "SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND" AS RECORDED IN PLAT BOOK # 1 ON PAGE # 49 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, CONTAINING 0.63 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD, HE AND THE SAME HEREBY ESTABLISHED AS SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. is Only to for e ?<9 MEMBER OF THE COMMON COUNCIL 2 ATTEST; CITY CLERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF , 2 O'CLOCK M. CITY CLERK APPROVED AND SIGNED BY ME ON THE DAY OF 2 , AT O'CLOCK M. MAYOR, CITY OF SOUTH BEND, INDIANA Filed in Clerk° SEP - 7 2011 1 sf READING M PUBLIC HEARING CITY vooRCE CITY CLERK,SOI.,mi B N 3 rd READING NOT APPROVED REFERRED PASSED DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1) . THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: 717 EAST LASALLE STREET, SOUTH BEND, INDIANA 46617 2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: CITY OF SOUTH BEND, THROUGH ITS BOARD OF PUBLIC WORKS 13T3 FLOOR COUNTY-CITY BUILDING 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601 PH. NO. 574-235-9253 3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE: N/A 4) . IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: MU MIXED USE DISTRICT TO: SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT 5) . THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S) : A) . USES PERMITTED UNDER SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT CLASSIFICATION. 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS (IF REQUIRED) ; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX: KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 ' " x 11" FORMAT. SIGNED, FOR PETITIO R PETITIONED PREPARED BY: DANCH, HARMER & ASSOCIATES Filed in Cler e's Office 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234-4003 ... o. F J014N vouk m CI Y CLERIC,SOUTH BEND,IN LEGAL DESCRIPTION THAT A PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: THE EAST 130 FEET OF LOTS # 213, 214 AND 215 AND THE 14 FT. WIDE VACATED PUBLIC ALLEY ADJACENT TO AND NORTH OF SAID PORTION OF LOT # 213 ALL AS SHOWN ON THE PLAT OF "SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND'S AS RECORDED IN PLAT BOOK # 1 ON PAGE # 4 9 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.63 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. Filed in Crfg 's Office SEP -7 20 J01*1 VOURDE CITY CLERK,SOUTH BEND, Property Owners Within 300 Feet Saint Joseph Regional Medical Center Leeann Rappelli Diocese of Fort Wayne South Bend 811 E Madison PO Box 644 Inc South Bend, In. 46617 Notre Dame, IN.46556 226 N Hill St Tax Key#018 5020 068401 Tax Key#018 5015 0487 South Bend, IN. 46617 Tax Kav* n18 nnnn nldfi Diocese of Fort Wayne South Bend Mary Ann Hatch/Gladys Crank Trust Diocese of Fort Wayne South Bend Inc 2140 Barnett St Inc 226 N Hill St Oxnard, CA. 93033 211 N. St.Louis South Bend, IN. 46617 Tax Key#018 5015 0471 South Bend, IN. 46617 Tax Kav#n1R m)ns n144 Tax Kav#01R .r015 0478 KW Building Corp Gross Cohen Notre Dame If LLC Laszlo& Martha Nemeth 211 N St. Peter 3731 5th Avenue South 14860 Brick Rd. South Bend, IN. 46617 Birmingham, AL. 35253 Granger, IN. 46530 Tax Key#018 5015 0489 Tax Key#018 5016 0522 Tax Key#018 5015 0476 Kerri Kramer Collp Real Estate LLC Cory Defebaugh Life Estate 13937 Hearthside PO Box 535 Margaret Shafer Granger, IN. 46530 Bridgeman, MI. 49106 1220 N. Kaley Tax Key#018 5016 0521 Tax Key#018 5015 0472 South Bend, IN, 46617 Tax KPv#n1R 5n15 n473 Colip Real Estate LLC Leeann Rappelli Gross Cohen Notre Dame LLC PO Box 535 PO Box 644 3731 5th Street South Bridgman, MI. 49106 Notre Dame, IN. 46556 Birmingham, AL. 35253 Tax Key#018 5015 0474 f Tax Key#018 5015 0483 Tax Key#018 5015 0484 Lex Lie Company Inc. Dan Hamilton Leeann Rappelli 944 Spaulding Ave PO Box 1623 PO Box 644 Ada, MI. 49301 South Bend, 1N. 46634 Notre Dame, IN, 46634 Tax Key#018 5019 0656 Tax Key#018 5015 0485 Tax Key#018 5016 0520 Dan Hamilton Kerri Kramer Lasalle LLC PO Box 1623 812 LaSalle St 814 LaSalle South Bend, IN. 46634 South Bend, IN. 46617 South Bend, IN. 46601 Tax Key#018 5015 0486 Tax Key#018 5016 052001 Tax Key #018 5016 0535 Taddeo Holdings LLC Taddeo Holdings LLC Taddeo Holdings LLC 623 E LaSalle 623 E LaSalle 623 E LaSalle South Bend, IN, 46617 South Bend, IN. 46617 South Bend, IN.46617 Tax Key#018 5009 0277 Tax Key#018 5009 0278 Tax Key#018 5009 0274 Gerard McDonald Saint Joseph Regional Medical Center Diocese of Fort Wayne South Bend 15677 Leminalre Ct 811 E Madison Inc Mishawaka, IN. 46545 South Bend, IN. 46617 915 S.Clinton St Tax Key#018 5009 0273 Tax Key#018 5009 0270 Fort Wayne, IN, 46801 Tax Krmv*n149 5nnA n?Rq Saint Joseph Regional Medical Center Diocese of Fort Wayne South Bend Colip Real Estate LLC 801 E LaSalle Inc PO Box 535 South Bend, IN. 46617 211 N St.Louis Blvd Tax Key#018 5009 0268 South Bend, IN. 46697 Bridgman MI. 49106 Tex Kpv*M A Snnr, n u Tax Key#09 8 5015 0475 Gross Cohen Notre Dame LLC Leeann Rappelli Cheryl Ford 3739 5th Street South PO Box 644 Birmingham,AL. 35253 Notre Dame, IN. 46556 224 N Saint Peter St Tax Key#018 5015 0477 Tax Key#018 6015 0488 South Send, IN. 46617 Tax Key# 018 5016 0523 Kerri Kramer 13937 Hearthside Dr Granger, IN, 46530 Tax Key#098 5018 0524 Filed in Cl r ;r SEP -7 U H 7. JOHN vc-0�4ju .,. CITY CLERK,80&jT I IjENL,'le 1 ,4 CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR .DEPARTMENT OF ADMINISTRATION& FINANCE GREGG M ZIENTARA CONTROLLER October 19, 2011 Mr. Derek Dieter President, South Bend Common Council O'Floor, County-City Building South Bend, IN 46601 re: Ordinance of the Common Council Appropriating monies for Maintenance of Alonzo Watson Pedestrian Bridge traversing Chapin Avenue in the City of South Bend Dear President Dieter: City Administration, after further discussion with Council, community leaders and citizen groups, concerning the matter of disposition of the Alonzo Watson Pedestrian Bridge traversing Chapin Avenue, herewith submits this appropriation spending bill for consideration of the Common Council. The request for spending appropriation is $250,000, with funding provided by City Fund #404, County Option Income Tax (COIT). The appropriation includes Public Works Department of Engineering estimate of the cost of required maintenance expense necessary to return the structure to a safe and stable condition enabling use of the bridge by pedestrians traversing Chapin Avenue. Maintenance to be preformed can be identified as follows: Repair steel deck and end bearing $70,000 Restore walking surface $60,000 Paint removal and painting of bridge $801 000 Bridge coating spiral.g g on p .approaches $10,000 Prep and paint hand rails and fence posts $20,000 Replace fence fabric $10,000 Total $250,000 City Administration submits this appropriation spending request for Is' reading at the October 24, 2011 Council Meeting, 2nd read, public hearing, 3rd read and Council vote at the November 14, 2011 Council Meeting. County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 Mayor Luecke and Public Works Director Gary Gilot will present this bill to council at the appropriate committee meeting and at the council session. Regardpi Gregg . ie Cara cc: Stephen J. Luecke, Mayor of the City of South Bend John Voorde, Clerk of the City of South Bend Kathleen Cekanski-Farrand, Council Attorney Gary Gilot, Public Works Director of the City of South Bent! F118d In C' CCU' 9 {:lry A ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING$250,000 FOR MAINTENANCE OF ALONZO WATSON PEDESTRIAN BRDGE TRAVERSING CHAPIN AVENUE IN THE CITY OF SOUTH BEND IN 2011 STATEMENT OF PURPOSE AND INTENT A project pertaining to maintenance of City infrastructure assets has been identified of interest and benefit to the City of South Benda This is the maintenance of the Alonzo Watson Pedestrian Bridge traversing Chapin Avenue in the City of South Bend. It is necessary to appropriate the funds to make this maintenance expenditure. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of$250,000.00 is hereby appropriated and set aside within COIT Fund 4404 for purposes of maintenance of the Alonzo Watson Pedestrian Bridge, 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 Cou cil Attest: City Clerk .,; and x rq .�y IF1t�J. 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 I lied 1 s READING OCT K:A�ING JM CITY CLER.K. 1 PASSM "�ti, ]g65,si CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION,& FINANCE GREGG D.ZIENTARA October 19, 2011 CONTROLLER [ �.� { Mr. Derek Dieter `� l President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance of the Common Council Appropriating monies for illegal Dumping Clean-Up Dear President Dieter: City Administration has determined that an increased occurrence of illegal dumping activities has developed in the city whereas clean-up activity expenditure is beyond the 2011 budgetary scope of city operations responsible for the expenditures of illegal dumping clean-up activities. As such, City Administration requests the Common Council to appropriate additional funds to enable clean-up of certain illegal dumping within the city footprint. The City requests with this appropriation, the sum of$60,000 for the creation of an additional crew within the Solid Waste Department operation, to perform the clean-up activities. The monies appropriated will cover personnel costs for additional crew, equipment operation costs (fuel and repair), landfill tipping fees and other miscel€aneous expense. This appropriation will providing funding to operate the additional crew through the end of 2011. The funds will be appropriated from the General Fund, Code Enforcement Department, and reimbursed to the Solid Waste Fund, whose employees will perform the clean-up activities. City Administration submits this appropriation spending request for 1st reading at the October 24, 2011 Council Meeting. In addition, City Administration requests that Council amend the rules for this appropriation request to enable 2nd read, public hearing, 3`d read and Council vote at the same October 24, 2011 Council Meeting. Mayor Luecke will present this bill to council at the appropriate committee rag and at the council sessiokintara _ d in Regar OCT p Gregg �1 l i CC' Stephen J. Luecke, Mayor of the City of Sou#h Bend John Voorde, Clerk of the City of South Bend � "°°�-�.._ &Ervo ltd Kathleen Cekanski-Farrand, Council Attorney �w Gary Gilot, Director of Public Works of the City of South Bend Catherine Toppel, Director of Code Enforcement of the City of South Bend County-City Building 227 West 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, INDIANA APPROPRIATING $ 60,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PREFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND#610 IN 2011 STATEMENT OF PURPOSE AND INTENT The City has determined that expenditure is required to perform clean-up of illegal dumping that has occurred in the City of South Bend. It is necessary to appropriate the funds to perform the clean-up of illegal dumping. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of$60,000.00 is hereby appropriated and set aside within the Code Enforcement Department of the City General Fund #101 for the purpose of defraying the expense necessary to perform the clean-up of illegal dumping activities. Section II. The clean-up activities will be preformed and expended by the City Department of Solid Waste Fund 4610, with reimbursement of incurred expense from the Code Enforcement Department of the City General Fund #10 1. 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 Co moron Co ncil Attest: &kp'r.' and City Clerk ct , a 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 Fife d in I st READINd PUUK MAURO OCT 9 3 r d F,E A MiN,G NOT APPROVED 7 REFERRED CITY PASSED OUT r^ 1865 CITY OF SOUTH BEND STE.PHFPTpJ,,,k,LT,C rtfi MAYOR OFFICE OF THE MAYOR President Derek Dieter South Bend Common Council \ 4'h Floor, County-City Building South Bend,IN 46601 Re; Ordinance to Approve Sale of Real Estate at 717 E.LaSalle, South Bend Dear President Dieter: Enclosed is an Ordinance approving a procedure and sale at appraised value of real estate located at 717 E.LaSalle,present site of the now vacant Fancily Dollar Store. As you know, South Bend acquired this property through Ordinance #/10099-11 passed on June 27, 2011. The U.S. District Court, Northern District of Indiana, has enjoined South Bend from transferring 'this property to Northeast Neighborhood Revitalization Inc. for ultimate transfer to Saint Joseph High School. The attached Ordinance provides that the subject real estate will be sold under the provisions of I.C. 31-1-11-4.2 at a price equal to the average of two recent appraisals. This process was approved by the Board of Works under Resolution 62-2011 passed on September 19,2011. (Copy attached to Ordinance.) If Saint Joseph High School submits a proposal to purchase the property under this process, I have reason to believe this will cure the constitutional Establishment Clause concern, because South Bend will receive fair value from sale of the property. I request that this Ordinance be approved by you, arid, either I and/or Chuck Leone will present this Ordinance to you at the Council's appropriate Committee meeting and at public hearing. Sincerely, Stephen J. ecke Mayor Filed Office Enclosure IEP 21 20i i JOHN IIOORDE CITY CLERK,SOUTB BEWDD tkt COUN"T"Y-C'I'Y Bun DING•227W.JEFFFRSON BOULEVARD s SOUTH BEND, INDIANA 46601 PHONE 5741235-9261• FAx 574/235-9892 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE BOARD OF WORKS' SALE OF REAL ESTATE UNDER INDIANA CODE SECTION 36-1-11-4.2 STATE,MENT OF PURPOSE AND INTENT On September 19, 2011, the South Bend Board of Public Works approved Resolution No. 62-2011, a copy of which is attached hereto and incorporated herein as Exhibit 1. This Resolution authorizes the sale of real estate located at 717 East LaSalle Avenue, South Bend, St. Joseph County, Indiana, to promote an economic development project or to facilitate compatible land use planning. The real estate to be sold located at 717 East LaSalle Avenue is owned by the City and was not acquired through eminent domain procedures. A legal description of the subject property is set forth in Section I of this Ordinance. Under I.C. 36-1-11-4.2, such real estate can be sold by the Board of Public Works for a price that is not less than the average of two appraisals of the property obtained by the Board of Public Works under the criteria set forth in Resolution No. 62-2011, with approval by the City's fiscal body under I.C. 36-1-11-3(c) (1). This ordinance approves such a sale. Acquisition of the subject real estate at 717 East LaSalle was approved by Appropriation Ordinance No. 10099-11 of this Council on June 27, 2011. Subsequently, the subject matter of Ordinance 4 10000-1 1 was litigated in the U.S. District Court, Northern District of Indiana, Case 1/3:11CV 325RM resulting in a Memorandum and Order of Judge Robert L. Miller, Jr., dated September 7, 2011. The procedure for sale of 717 East LaSalle Avenue under the terms, conditions, and procedures authorized by I.C. 36-1-11-4.2 is intended to cure the federal constitutional defect identified by Judge Miller in his Memorandum and Order. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Board of Public Work's sale of real estate located at 717 East LaSalle Avenue, South Bend, St. Joseph County, Indiana is approved at a price of not less than the average of two appraisals per the provisions of T.C. 36-1-11-4.2 and pursuant to Board of Public Works Resolution No. 62-2011 dated September 19, 201 L The legal description of the property to be sold is: The East 130.00 feet of Lots Numbered Two Hundred Thirteen (213), Two Hundred Fourteen (214) and Two, Hundred Fifteen (215) as shown on the recorded Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend recorded in Plat Book 1, page 49, in the Office of the Recorder of St. Joseph County, Indiana. SECTION II. In its sale of the subject real estate, the Board of Public Works shall comply fully with the terms and conditions of I.C. 36-1-11-4.2. SECTION III. This Ordinance shall be effective from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: k:3 '�« �� =a�+ ;•E ' saw' non , 'S�gnd TMZk.+l F.�d'.�''SL� 3:1i ��f,r:i�J FaL"w�i✓'� City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock zn. Mayor, City of South Bend Filed k 's ( 'fi r; 2 f vi st READING [7p PUBLIC HEARING �,, ,. .M «-�.-•-»»- � 3 rd READING ti�''iPk'V00FZDP NOT APPROVED ,yyx. Ts!-AK'MhT.Mhuwa9s .' REFERRED PASSER RESOLUTION NO, 62-2011 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND,INDIANA, AUTHORIZING THE INITIATION OF A PROCESS PURSUANT TO I.C. 36-1-11-4.2 TO SELL CERTAIN REAL PROPERTY OWNED BY THE CITY AND LOCATED AT 717 E. LaSALLE AVENUE, SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has custody of and may maintain and dispose of all real property owned by the City of South Bend, Indiana(the "City")pursuant to I.C. 36-9-6-3; and WHEREAS, the City of South Bend, Indiana ("City") is the owner of certain real estate located at 717 East LaSalle Avenue, South Bend, Saint Joseph County Indiana, which is more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the City has the power and authority, pursuant to the Indiana Home Rule Act, I.C. 36-1-3, to exercise all powers necessary or desirable in the conduct of its affairs, and further pursuant to I.C. 36-1-4-5 and I,C. 36-1-4-6 to acquire, use, improve, develop, maintain and dispose of interests in property; and WHEREAS, I.C. 36-I-11-4.2 provides for sale or transfer of real property by the City, not acquired through eminent domain procedures, to promote an economic development project or to facilitate compatible land use planning; and WHEREAS, the Board of Public Works ("Board") of the City wishes to sell the property described in Exhibit "A"for the following purposes: (a) to promote an economic development project consisting of the construction of Saint Joseph's High School and related athletic facilities, consisting of a 35 million dollar set of buildings and facilities on a vacant parcel consisting of over twenty one acres in the City of South Bend, and (b) to facilitate compatible land use planuling in that the land described ill Exhibit"A" should be used in a compatible manner with the surrounding parcels of land, all of which have been dedicated to use as athletic fields; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND as follows: 2. The Board finds that the development of Saint Joseph's High School on a vacant inner city tract consisting of over 21 acres ("Medical Center Site") is of vital importance to the City of South Bend and will encourage the revitalization of the neighborhoods surrounding that site. The BPW further finds that no other interested party has approached the City with a viable plan for re-use of that site and that the economic effect of the development of the High School as a 35 million dollar project will be of significant benefit to the City of South Bend and its residents. 2. The Board further finds that the development of St. Joseph's High School on the vacant Medical Center Site is consistent with City Plan, the City's comprehensive plan adopted by the South Bend Common Council on November, 13, 2001 by Resolution 3557-06. A copy of City Plan is viewable at http://www.,so,uthbeiid cit Tlan.org/City%2OPlan%2OFinal.htm, and such development is consistent with the City's East Bank Village Master Plan. 3. The transfer of the property described in Exhibit "A" to a person or entity in the manner required in this resolution will facilitate compatible land use planning in that the surrounding parcels to Exhibit "A" are planned for use as athletic fields and the property described iza Exhibit "A" should be used for compatible land use purposes. 4. The provisions of I.C. 36-1-11-4.2 may apply to the transfer of land as set forth in this resolution because Saint Joseph's High School as an Indiana non-profit entity does not meet the exemption requirements of I.C. 36-1-11-1 and may submit an offer for the real estate pursuant to this resolution. 5. If, in the alternative, the exemptions set forth in I.C., 36-1-11-1 are deemed to apply to this transaction,the City elects to use the procedures of I.C. 36-1-11-4.2, pursuant to the powers set forth in the Indiana Home Rule Act I.C. 36-1-3, in order to provide a mechanism for the transfer of property by which the price of the property is set by a fair and neutral means unrelated to the status of the purchaser. 6. The staff of the Board is hereby directed to have the property described in Exhibit "A"promptly appraised by two appraisers who must be professionally engaged in making appraisals, and who must be licensed under I.C. 25-34-1. Any appraisal heretofore completed within 60 days of the date of this resolution )A611 qualify as such an appraisal. 7. The staff of the Board is directed to publish notice in accordance with I.C. 5-3-1 stating the minimum amount of any offer to be accepted after the receipt of the appraisals referenced above. All offers must meet the criteria of promoting the economic development project related to Saint Joseph's High School and must provide compatible land use with surrounding land. 8. The Board shall receive offers for such property pursuant to this resolution on or before October 10, 2011 at 9:30 a.m. and shall consider such offers at its regularly scheduled meeting on October 10, 2011 at 9:30 a.m. Such offers shall be evaluated based on offer amount and consistency with the economic development and land use compatibility criteria set forth in this Resolution and applicable Indiana law, Adopted this 19t`day of September, 2011. CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS Gary Gilot/President Carl Littrell, Member lidn Inks, Member ATTEST: I Linda Martin., Clerk Filed in derk'-S Opt. SEA EXHIBIT A L anal Description of the Property! The East 130.00 feet of Lots Numbered Two hundred Thirteen (213), Two Hundred Fourteen (214)and Two Hundred Fifteen(215) as shown on the recorded Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend, recorded in Plat Boole 1,page 49, in the Office of the Recorder of St. Joseph County, Indiana, Common Address; 717 E La Salle Avenue, South Bend, Indiana 46517 Key ey No. 18-5019-0656 File in Clerk's ffi?,':, 1 V�'3C��slrL�; CYY CLERK RI.$QLUTION NQ. R � U' t�N b � 7A Tl MIS [`ITY'OF,S THE vii NANA, APPROVING A PETkTION Op ,AREA BOARD QFNIN APPEALS OIF ST JOSERI~I`COUNTY, IDIAIA�O I� OTIE 'Ay`IDY Ai'I' 4 3 (618,622,626,636 LINCCDLNWAY Ir 1ST,VACANT LAND A, i CENT 'O AND EAST OF io f SO'UTHtST E !VA $1I��6�3 �7f11 7, C r .3 5I4 AND 51$ RUSHH S`TRET;59 '1� B END �N �AIYA) WHEREAS, Indiana Code Section;36-74-9 1 8 6,requires the Conunon CounaI Co give notice pursuant to Indiana Code Section 5 1.4-k` 5)o its intention to cQpstder Pit tttons'fr00 the Ares Bb l ofZol Nn�g Appeals of St. Joseph County, f ndiana far approdat or disapproval*and WHEREAS,the Common Council must take action Within eu4(60)"days after the Area hoard of Zoning Appeals of St.Joseph County,Indiana, makes its recommendation to the Council pursuant to I.C.36-74-918.6;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 Board of Zoning Appeals of St,Joseph County,Indiana,has made a recommendation,pursuant to applicable state law. NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH SEND, INDIANA as follows: SECTION 1. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals of St.Joseph County, Indiana,pursuant to Indiana Code Section 5-14-1.5-5,requesting that Special Exceptions be granted for the properties located at: (615,622,626,636 LINCOLNWAY EAST,VACANT LAND ADJACENT TO AND EAST OF 701 SOUTH STREET AND 611,613,701 SOUTH STREET AND 514 AND 518,RUSH STREET, SOUTH BEND, INDIANA) in order to permit: The Approval of Special Exceptions to be allowed to have the option to use the properties located at 618, 622, 626, 636 Lincolnway East, vacant land adjacent to and East of 701 South Street and 611,613, 701 South Street and 514 and 518 Rush Street all in South Bend, Indiana for Single-family residential dwellings per Section 21- 02.03(a)(2)(F)of the City of South Bend Zoning Ordinance and Approval of Special Exceptions to be allowed to use a portion of the properties.located at 618, 622 Lincolnway East, 611 South Street and 514 and 519 !lush Street all in South Bend, Indiana for are Accessory Parking Lot per Section 21-02.03 (a) (2)(D) of the City of South Bend Zoning 001hance. Sl✓CTION U.Following a presentation by tine petitioner,and after proper public hearing,the Common Council hereby approves the petition of the Arya gard.of Zonih Appe is of Std Joseph Colailty;, N ana,a copy of which is on file in the Office of the City Clerk. , r >. SECTION II 'x'he p tnan Couitc l 4f the City o�Sp th l3e ;lhd� a,herby ttds than= 1. rc plrnposea uses wilt, of be�nJtarious tb eVtiblic ttealtht foty, ft OM community moral standards,cQni�enience vrgen !`ar ire; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values tlferein ' 3. fine pra�posed uses wi11 be consistent wttli;th�c1;tMotor ofthe arstr�ct in which-it is Iodated and the eland uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan;all of which is requested by the South Dead Municipal Cade§2 I-0 ;0 '{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 fall force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common CouncilP {.44i 1:41i I��� bkSa {.!t;?.'i:SW �£:.•L+i�i�S,1 Council aceexr,on MIS Isue, LSEPPRESENTED Nor APPROVED. �oo,,5,H SEND,IN DOPTEO AREA BOARD OF ZONING APP�t,S OF ST. .. ,70SEPH ;C4�3�T'�'X� � 3I A K�O.,_. ... . 20 RI 0., . NOTIFIED EARITG -> , 20T AP:p Applicants Name; ,:SOUTH 9 Dt,RED HbR !TY Phon": k25' q low Address: COI NTY CI. TY U _ING 227 WEST OEF�'ER.fiON BLVD. , Add:tess o: Pr6pert es ADJACENT TO. AND EAST OF 7,01., SH T xAi7_,. 6Z�,} 'l O Z.';S01JH STREET AND,`5,14_AND 5Y$ RUSH,S # ET . ' W.A.Zonjn� of Propert3Qis: *IMO : TIAMILY DISTRICT Owner's Name; SOUTH BEND:REbRi]EI,DPME�T AUTHORITY Pone :574 -235-8371 Address:- 1200 COUNTY CITY ,BUIL0TMG,, 227 WEST JErrEALON $LVD. , SOUTH SEND, INDIANA 46601 ..•.. Counsel or Consultant: DANCE, HARMER & ASSOCIATES, INC. Phone 234-4003 Address: 1643CO2WERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE BOARD OF .ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at LAND .,,ENT TO AND EAST OF '703 SOUTH STREET. AND 611.1 6A13,1 701 SOUTH VACANT ANDC��- 618, 6;22.---626, 514 AND .:518 RUSH STREET , SOUTH SEND, INDIANA 46601 NATURE OF APPEAL: SPECIAL EXCEPTION AND VARIANCE REQUESTS: PARG.EZ "A" f618 Zincol p=a East) . SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception to be allowed to;have the option to use property fora Single Family Dwelling for 618 Lincolnway' East, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the 'G •ty of South Bend Zoning Ordinance, 2 .B) . Approval of a : pedal Eit `ept an o b.' allowed to use a portion property at 618 Lincoloway East, South Bend, ;Indiana per Section 02.03 (a} ( ) ED). of ;the Ca ty ' of South fiend Zoning Ordinances far an Ace sory parking Lot. VARIANCE REQtMSTS: ]} . A sJarias7Ce from `the Ma itaittelr 0 of 'ronte4esn a Public Right-of-way far a Bangl Family mily Dellaig Lot .,to.''a.=1A num of 45 :feet more or lose. 2) . A Variance from the 11inmu :r, nteg ,.pan a pubY o Right of�1way €or uses on All a3.lo rsd a,n a 'I D"'atr�nt to` a m .r�amum s?f 45 eet Or 3pr 00 d F, 3) . A g�irianoe tb ba1bed to a �ssdeak atd.:paved- Ywaay its the 6 ft ride Bade-yard 'Setback {atQng tnQ Soutti� property 1a.ne as shown p . 4) . A "variance from providing on-site pa.rking gor a o Family dwelling (3.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to no `on-sine parkinq spaces, .but ';being allowed to have a minimum of two (2) parking spaces on an adjacenticcessory parking Lot shown on Parcels "Any "B", rw&.- "I" and „J". 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 5,700 sq.ft. move or less. 6) . A variance from providing the required Type "'A" Landscaping along the entire perimeter of said Parcel "A" to no additional perimeter landscaping. 7) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on .said Parcel "All to providing no additional landscape screening. PA RCEZ "B" (622 Lincolnvay East) : SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception 'to be allowed to have the option to use property for a Single Family Dwelling for 522 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (F) Of the City of South Bend zoning Ordinance. B) . Approval of a Special Exception to be allowed to use a portion property at +622 Lincoinway East, South Bend, Indiana per `Section '2Z- 02 03 , (a) (2) (D) of ;the City of South Hsnd `toning Ordinance for an Accessory Parking Lot. 3 VARIANCE SQUESTS: A VarialCe fxom the Aunam ► reted -5b ft `�ontege b ,lic Right-of way'foar'` A Single Family. D*Oiling Lot to a xa naUnui�n �sf ;±4"7. 77 feet mono or 1®es. 2) . A Vari4nde from the Hinimtgm requ4 � fit, of fr' on a'ge n "Pub1 is Right-of war for uses on a Lot allowed in a'1 '1 Dstrxak ' o ;mxnimlt a 47.77 feet fro or less. 3) A verxarice to be: Allowed."to hvea.dwai)C "and, I3avd dtzvaray :'in the 6 ftnTdE� Sde.-yard:' Setack fatoi3 tied " ndo �th' pxQoty lan e) as 4) . A Variance from providing on sste eking for a fro Fami�. l�oe ang (i.e. 4 parking spaces) , or on-site parking for Single FIy dsve Ming {x r e I parking space) , "to hav"e a. rur mum ±cf t*o. (2, „park` ng""spaces n the" portonf the Accessox�r .packing Lot shown on`Parcels +�, ►►, 1�,r� ,1 ►► r 5) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "B" to no additional perimeter landscaping. 6) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "B" to providing no additional landscape screening. PAIRCEZ "C" 1626 Linco.lnyM East) : SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a. Single Family Dwelling for £26 Lincolnway East, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Send Zoning Ordinance. VARIANCE REQUESTS: 1) . A Variance to be allowed to have a sidewalk in the 6 ft. Wide Side- yard Setback (along the South property line) as shown. 2) , A Variance from providing one-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for s Single Family dwelling (i.e. I parking space) , to no on-site parking spaces, but being allowed to have a minimum of two (2) parking, spaces 01% an adjacent Aecesso::y parking Lot shown on Parcels ��y17, 31$/►� 41 "t _111// and �J,,, 3) . A Variance from the minimum required 6,000 sq ft, for a Single Family Dwelling Lot to a minimum of 5,6Qo sq.ft. more or less. 4 4) . A Variance from providing the required Type "A". Landscaping along the tire et, mober 0 f said' parai „ 14 ter , ancscaping►.F A) . Approval of a Special Excepts on to be allowed to h vo the j Ptxon to use property ;,for a Sa rgle 'azn�l'y T'we lang fox' f36 .Zino'olwa East, opth Beo xnd�. }na peteoaoh 3 d Zonilig Ord;LA.aWea VAR 11"MCE from poVidang :;use regted hype " "`A'r !La�CidCSpslxg along the entire perimeter of said 'Parcel :iD'► o no additional perimeter landscaping. PARCEL "E" (700 Block of South Street) r SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for the vacant land adjacent to and East of 701 South Street, South Bend, Indiana per Section 21- 02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. VARIANCE REQUESTS: 1) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for a .Single Family Dwelling Lot to a minimum of 40 feet more or less. 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MFl District to a minimum of 40 feet more or less. 3) . A Variance from the required minimum 6 ft. aide Side-yard setbacks to a minimum of a 5 ft. Wide Side-yard setbacks along the .East and West property lines as shown and be allowed to have sidewalks or drives in said Side-yard;:setbacks. 4) . A Variance;:from providing on-site pecking for a Two Family dwelling (i.e. 4 parking spaces) , or pn-sine parkiriq for a Single 'Family dwe1].inq (i.e. I parking space) to no on-site parking spaces. 5 5) . A Variance from; the min ;" " r'Oqu g tl ,000. sq,ft. for a Single Family :Dweng Lot: to r 6) . A Variaaoce from the required minimum .25 ft. tear-yard setback for a Single Family dwelling Lot or TWO Family O"Ils O Lot to i 3 �.n yam of 20 feet as shown, 7) . A Variance from providing the xe.quired 'Type ''A" Landscaping along the entire pessster of sags. Parcel t?E'0,::to: �dda.tor�al 'perimeter lar�dscap�.ng., PARMY, W" :001, Stirs fh arae t). SPECIAL EXCOTION REQUEST: A) • ;Approval of apcial Exception ;t® be allowd; to have ;the option to use :;property for Engle Farm"ly Dwelling ;for the 701 'youth' Streit, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the ?City of South Send Zoning Ordinance. VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 38.75 feet more or less. 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MFG. District to a minimum of 38. 75 feet more or less. 3) . A Variance frog►, the required minimum 16 ft. wide Side-yard setbacks a minimum of as 4 ft. [fide Side-yard setbacks along the East and West property lines as shown and be allowed to have sidewalks in said Side- yard setbacks. 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. Y parking space) to no on-site parking spaces, but being allowed to have a minimum of one (1) parking space on an adjacent Accessory parking Lot shown on Parcels "A", "B", "N", "I" and n�rr 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 2,550 sq.ft. more or less. 6) . A Variance from providing the required Type "A„ Landscaping along the entire perimeter of said Parcel "F" to no additional perimeter landscaping. °6 7) , A Vary ce from the required ]mssxirati iti 2S ft; hear-lratd Sethid'k, for a Sing a Fam:�ly.°dwPellang Lot pr o 'a ►a.ly' ie .l i.ng'Lot '`to',a mrz sin an of 15 feet as shoes. spot ML Exec TION Q ST: pprava . Special .:Exce t�az °=to.be ,allowed''to"b -h'6 t> hs bn° to use property for ,a Single Family Dwrelling for =the b13 Sau�h`> SVe6 t, South Send, 'Indiana pet Section 21-02.03 (a) C2) (F) O� the City of South Bend Zoning ordinance. V ARIMCS ASO STS: 1) A Varianoa froze the ' it Rsgn cf.-vay for ::a Sa.r gle Fal l ig LQ , e aU more ror lees 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MFl District to a minim, of 34.97 feet more or less. 3) . A 'variance from the required minimum 6 ft. wide Side-yard setbacks a minimum of a 4 ft. Wide Side-yard setbacks along the East property litre and to a minimum of 2 ft. along the West property line as shown and be allowed to have sidewalks in said Side-yard setbacks. 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) to no on-site parking spaces, but being allowed to have a minimum of one (1) parking space on an adjacent Accessory parking Lot shown on Parcels "A", "'B", %IH,., „a" and "J". 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 2,550 sq.ft. more or Less. 6) . A 'Variance from providing the required Type `'A" Landscaping along the entire perimeter of said Parcel "G" to no additional perimeter landscaping. 7) . A 'Variance from the required minimum 25 ft. Rear-yard setback for a Single Family dwelling Lot or Two Family dwelling Lot to a minimum of 15 feet as shown. PARCEL. 14811 (611 South:Street) SPECIAL EXCEPTION REQUESTS: 7 A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 611 $oath :Street, Sctsth Bend, Indiana per Section 21'-02 0 3a); 2) .(F) of the City of South Hertd Zoning Orden ce BY „Approve ' of a special Eets In to Vie` aY9,oed to use ports on , �e ,.. property at �6i South' Street, 'S,i,6W Send, IndaGana Per Sec tan 21- Z 3 (a) (2) (D) of the City Of South Bend Zoning Ordinance for an Accessory Lot. rig Lo ._, . a , e! via 1 t;E Q 1) A Variance from the M nmum xequired0 Frontage +�n ;:e< Public Rzg}�t�c�f watt' Eqr a S .ngl.e Family 11 ILot t~a 4.3 t 2) . A Variance from the required minimum 6 ft. wide Side yard setbacks a minimum Of 4.. ;2 ft. Wide tide �Qtbaek a�o�ig the E st:property line anda a minimum of 5 'ft. atlbnq thy: west: poperty lire .as ahova and be also red to have ..sidewalks and drives 'in aAi.d Sa de= and setbacks 3) . A 'Variance from providing on-site parking for a 'Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to have a minimum of two (2) parking spaces on the portion of the Accessory parking Lot shown on Parcels "A", 5As" ",I- and "J". 4) . A Variance from the minimum required 6,400 sq.ft. for a Single Family Dwelling Lot to a minimum of 5,600 sq.ft. more or less. 5) . A '"Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "Ii" to no additional perimeter landscaping. 6) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "FED' to providing no additional landscape screening, .PARCEL 11%17 (518 Rush Street) : SPECIAL EXCEPTION BEQUESTS: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 518 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. B) . Approval of a .Special Exception to be allowed to use a portion property at 518 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. 8 VARI)WOE 40MS's Variance from the Minimum req,'u—xred 60 ft Of Frb`ntae ors liblic Right-of era ' fora gle a�a� Di e;L x x�o' to ma na��# W'of '3M" feet 2) . A Variance from the Minimum squired SO ft. of Frontage on a l c Right-of-gray for apses On a Lot all6W0d in a MFG. Dastr' *.Q a min��l�m of 30.50 :Feet more or less. 3} . Varia "toil ram t e e uxre ffi ` ; cwt �i � rcY a c7cs minimum raf m' 'ftxde xdeyarcetlack along tYia North and Sattih property lines as shown and be al l.awad t4 have .�sxde�aal ks a.n &aixd :�°��e- yard setbacka. x : �&) . A v"arist�#e from ro xct ng ' ra�ax a i0ikk Xtc for a 1<` ►xly ;o a Yxrig (i.�e. 'parking spaces) , a,r on site park� g far a 'Single Fr►xly3we11 a ng (i.e 1 parking space) , to #lave miniatuaf +one (T) parking space on the portion of the Accessory parking Lot shown on Parcels "A'r, s-'a rr "Er►. -I" And "NJ". 5) . A Variance from the minimum required +6,000 sq.ft. for .a Single Family Duelling Lot to a minimum of 4,080 sq.ft. more or less. 6) . A Variance from providing the required Type "All Landscaping along the entire perimeter of said Parcel "I" to no additional perimeter landscaping. 7) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "I" to providing no additional landscape screening. PARCEL "J" 514 Rush Street) : SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 514 Rush Street, South Bernd, Indiana per Section 21-02.03 (a) (2) (F) of the *City of South Bend zoning Ordinance. B) . Approval of a Special Exception to be allowed to use a portion property at 514 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an Accessory Parking Lot. g VARIANCE PXQUESTS: 1) A "Variirioe fa the .nmumecttired ': 0; ft. � 'YOnta e". n a uUlic g Rs--ht.�ofa ` for 'a Sa: �gls JE'am .y Aellsng LQ;t to a � nimu Qf" 35.92` feet move or le 2) .' I9, far"iaY� e foe�t thenin requrd 0 ;ft. Pror�taen a Pudic Right--of ...fob ssses 'arid ,a Ivt a Qre a strict to a mn e€ 35-:92 feet re lit 1'ss'�§ 3) .: A'.V hklahce k# a requa�red mXlliZgq ft. r,ri de SdeyArd setback "to a mYna.a�uta a ft W. Side�yardeecC .png �Ghe youth property line and W alp tb Tel s���welks an'd �r�.yes �n bow► d e Nv�rth and Scsuth �"yexd . :A 'a ianbA from pray c�Ing On, . . .t �������+� for a rho p ►��y dro�e�� fsg i.e. par ing spaces) , or on saa.te pa k g or a Sa -a Family l�vell�:nq (i e 1 "parkh spa 6) , to have a ntn�aautn "bf too (2) .parking epaCea" on the pnrtnn psi' the Accessory parking .Lot shaam "gin Earls "�A", i$" . MHr land:'1,J,r " � 5) . A Variance from the minimum required 6,000 sq,ft. for a 'Single Family Dwelling Lot to A minimum of 4,750 ssq.ft. more or legs. 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel. "J" to no additional perimeter landscaping. 7) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "J" to providing no additional landscape screening. Variance request for Accessory Parking Lot located on Parcels "A'►, "H", %lH„ "I" and a►.T•: 1) . From the .requirement of providing a minimum 24 ft, wide parking lot ai.sleway to a minimum of 14 feet wide for an existing parking lot. THIS REAL ESTATE IS COMONLY DESCRIBED AS: 618", 622, 626, 636 LINCOLNWAy EAST, VACANT LAND ADJACENT TO AND EAST OF 701 SOUTH .STREET AND 611, 613, 701 SOUTH STREET AND 514 AND 518, RUSH STREET, SOUPS BEND, INDIANA 46601. The Petitioner is the owner of the real +estate, parcel shown on the attached site plan and as shown in the records of the.'St. Joseph County, Indianan Auditor's office. The. Petition property presently "has a 'pining class if cat on of '"MFl" Urban , Corriogr �tult .farm "ly D�etr ct ' the Petitioner has acquired the prope�rtxes shown and" 3s its`:th`e ""process of making °the properties available for sale to a singles OWner uho would manage the properties or individual owners. Several of the parcels I 0 Contain existing residential structures that have been us-,d for tingle family and mu .tifdily d, elings � South Bend Housing autbr ty managed the p� � c al,t P$rrs7r ]of that tossed' M.., property lines and °awes used to serve :seveta] o the homes, The +existing Property .ineS were' �cr eda�tra� sec d a o nd appears were thout �the''� e l hd` U ' g Quay the .p 'o. line. T#�e Pets boner aies1yes to plaoe a ar .es , pn t market' for sake Wheyrou d ' i"ke t4iSC �ot a [ er a potion of nas tainsng ome st�spturep t au t y 3n z' of turning the=" 4i�ti7�- ' l t �E1C 1 , Petioner � also =taking songraoat lan a ir� iuil le ti dots for future hoffie ste:3 that °moire in +eh racer wr th er om x 3n this negb! hood. The Petit04-0-1 8 axitxng °praerty; ir�es to p1ce tab Ysjati ot,�r +� ivps1 On Jots �vithost the > r`iactres or alksoroh�ng onto ad�lacent properties l n order to accomplish 'tea goa�.s of Viking the properties salable, the ^Petitioner had a. meeting with the Budd ng Departtent and Area Plan Commission stuffs, to develop a plant ,for the.:: in question. The Petitioner wanted to wot with . the existi.rg zoning classification in order not to oreate an island zoning that was inconsistent with the surrounding .area. The result was to . request approval of several developmental Variances for setbacks, frontages, lot size and flexibility from some landscape requirements. There was also a need to ask for approval of Special Exception to allow for the flexibility of using the home sites for either single-family dwellings or multi-family dwellings. A Special Exception request was also needed to allow for the continuation of the existing parking Sot which crosses several lot lines. The parking lot would be considered an Accessory Use under the zoning guidelines. Based on this development plan, the following Special Exceptions and Variances requests, are being asked to be approved for a portion of this downtown neighborhood. More specifically the following Special Exceptions and Variances are being requested: PAIRM1 "A" .(618 Z.incolnwa East) : SPECIAL EXCEPTIO14 REQUESTS: A) . Approval of a Special. Exception to be allowed to have the option to use property for a Single Family Dwelling for 618 ,L .ncolnway East, south Send, Indiana .per Section 21-02.03 a(a) (2) (F) of the 4 pity of ,South Bend honing ®rdinance; B) Approval of a Special exceptono be .allowed to use a portion property -at 618 Linoolnway East, South Bend, Indiana per Section 21-02.03 aka) (2) (D) of the 6 ty of Sov�h Sena honing Ordinance for an- Acceasory'Parking'Lot. 1I The Special Exceptions are ;beinr� ;requ�: t "to allow for the exietstg home vn this par661 to be !Lised for eztlier a resiide..tial Duplex iioiilsng or single-family hoa►e. The second Special Exception request is ;to allow for a portion of the existing parking .lot to be allowed �� � pro 'Q�ed parse].. the Petitioner would ask the Board H,6*.brs the speaa al" Exception to all the ;parcel to be hared fpr ±either �ttulti firm ly, or eg .e fas ly use end ap�rro�a k the fi e .a3. c ' xoin for a portionf the s t® to be used, for Aehes$9ry � ?te fcratk; il, odld no snanr3ous to t#e pub] c ea .th, aseety, omfo�rt, oiurit moral; standards, canvenence o genOelfe, nor �ePe` hoar ade` . £reot Cheese of � djaret aria property , rald'e `thoeiP, end ghat ;the propOed us1 ?e ooisastert xayth z>the ?aacter a #,he` �dtion. Al, which they ate located and! the and uses au, kiorazedhoFea,n> 'end that the poposec uses are co�npatabls wit the rec4m�eadatrns aoP t)ie' xty. of " South $end �o�mpreensve plan, ill, of aah,�ch "`mss receeted by the South Bendiaxpa" VARIAMCE REOUTS 1) . Aarianae from the Minimum required 60. ft. of Frontage on a Public Right'-of-way .for a Single Family Dwelling Lot to a minimum of 45 feet more or less; 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF2 District to a minimum of 45 feet more or less; 3) . A Variance to be allowed to have a sidewalk and paved driveway in the 6 ft. Tide Side- yard Setback (along the South property .line ) as shown; 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling (i.e. 1 parking space) , to no on-site parking spaces, but being allowed to have a minimum of two (2) parking spaces on an adjacent Accessory parking Lot shown on Parcels "Arf f MiBrr f NiHfr f "I" and "J"; 5) . A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot to a minimum of 5,700 sq.ft. more or less; 6) . A Variance from providing the required Type "A" Landscaping along the entire perimeter of said Parcel "A" to no additional perimeter landscaping; 7) . A Variance from providing perimeter .landscape screening for the portion of a parking lot shown on said Parcel "'All' to providing no additional landscape screening. The Variances requested for Parcel "A" will allow for the parcel to be used for .a residential Duplex dwelling or a -single-family home. The requested Variances reflect the minimum required lot .sises, frontages, parking requirements, yard setbacks for lot improvements such as existing sidewalks for the different land uses. The Variance's also allow for flexibility in not .being required to plant additional ' landscaping along the perimeter . of the lot or for additional screening for the existing parking lo:t. The Petitioner believes that approval of the above Vatianoee' for this parcel for residential development will not be detrimental` to :adjacent 12 properties; nor will it ; advorsely siffo t tote twt-rout din ty values. , PAR `E'Ii .,►gam x"622 113on cast. ; SPECIAL OMPT IoN'jR Qt STS i) . Rppro+vl.n H} peal cpzoh $to be mil awret to S hake the ept�on to arse property afar Single Emily D�rell �ng for X622x} colnai East, oh Henri:, Inds arse,per., 3sct ,on1'k 03 day) �� (F) of °fie Cyt Booth'lend zons�n Ord> alce, ) ipprOvalf � kepiri q. Ito use portApp. property at X22 , in'coY � fit, e c ,; �d °i$ r Section ? 023 (D) °of the ` Cty Bcuin . �3 (1 oQ for arra Agce$sory parthg List The SPecl lxceptiQas ire being ,rd sd': tolo for die e�3� stxtg hone. anhs parcel to be Wised^For wittier arssa.de`iia Duekwellrig or single-famly home, `The :second Spec .al' 5�oepton r'e''est o alloy for :a portion of the existing parking lot to be allowed an the proposed parcel The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used four either`.xnulti- family or single-family use and 'approval of the Spacial exception for a portion of the site to be used for an':Accessory Use for parking, 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 uses will be consistent with the character of the district in which they are located and the land uses authorized therein., and that the proposed uses are 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) . VARIANCE REQUESTS: 1) . A 'Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 47.77 feet more or less; 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot allowed in a MF1 District to a .,minimum of 47.77 feet more or less; 3) A 'Variance to be allowed to have a sidewalk and paved driveway ,in the 6 ft. Wide Side- yard Setback (along the North and South property lines) as .shown; 4) . A Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on-site parking for a Single Family dwelling :(i . e. 1 parking space) , to have a minimum of° two (2) parking' spaces on the portion of the Accessory ;;parking Lot shown ,on on Parcels A , W",, H , I and J ; 5) . A Variance from providing the required Type '�`A'� Un aeaping along d he entire perimeter of said Parcel 't8" to no -A. it onel''perimeter landsca in ; +6) , A Variance from rovidin .p� � P 9 'perimeter landscape ;screening_.. 13 for; the portion of a parkiftq lot sh6 , on Said Plittoel "8" to providing no additional landscape soteen1.ng► e yarsaces 'requested fbr pacel 4�1�„ glllio ' for 'fie parcel to be ;�ad' for re .b Dupl°3rlei�la��'� 4 a �n 1° �fh�lZi► }��bm "The requested Variances refleot thensmunl rebus{ret 1 t sa.zg, oas, era` parksngregt�tremeatts; yardtbaeks fvr lvt v smpnvementsrh as 'exss'*sayg; asd ibval�ks paiietl 3.ye�sys ajt d po kss +g aspaoes four tie dsfeent leri$ wises, the r:=Trance ` altoilYo+� for f�leix .a x�`"riot being xequ3red to plant additional landscapnglon ts of the 14t or for additioii�al a'creeri�ng for the hx . tj.ng p$�cing lat'. Tie Pets tsaher bels±�ves that appro+�al, oebveiances i~or "this parcel. €or ®s s�exitial 3evolop Bent ill "not a detri3aerit$1 acl�acont properties, nor will it adversely affect "the surrounding prop�r'ty values• PARL'rZ"'C" (625_.Zincolg ay East) SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be Allowed to have the option to use property for a Single Family Dwelling for 526 Lincolnway East, .South Bend, Indiana per Section 21.-02.03 (a) (2) (F) of the City of south Bend Zoning Ordinance. The Special Exception is being requested is to allow for the existing hoarse on this parcel to be used for 'either a residential Duplex dwelling or single-family home. The Petitioners and the contingent purchasers would ask the Board Members to agree that approval of' the Special Exception Ito allow the parcel to be used for either multi-family or single-family use, 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 uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code S 21-09.03 (i) . VARIANCE REQUESTS: 1) . A Variance to be allowed to have a sidewalk in the 6 ft. Wide side- yard Setback (along the South property line) as shown; 2) . A 'Variance from providing on-site parking for a Two Family dwelling (i.e. 4 parking spaces) , or on--site parking for a Single Family dwelling (i.e. I . rk paing space) , to no. ors-site parking spaces, but :being allowed. to `pave a minimum of two (2) parking spaces' 6n 'an aEd3aoont 1 caessoty .parki q, Sot shown on Parcels "A", "8". "H", "I" and "J"; "`3) . A Varsanc , from t)le mini MUM requi.rad= 5,000 sq.ft. for a S Cagle Fat�ily D" 11. nq lot to `a minimum of b fi00 sq.ft. more or less;` 4) . A Variance frOM'providing' the 14 required Type "'A,• Zandseapa.ng �lo�e� thee; 'Ont pe per,i ter . of aaa:d Parcel C", to no additional pOr' imetea" an,dseari g� $ The Varancea recp3este faa: Farrel V for the parol to be used for a �ces ¢ets al �up1® , e]� it� Apr za.nglea:na.ly nom e X04 Vr�ancea relct iliae 'd .Q s .zes iparl�sq ``' r sett oks fotr of r �►emeri requirwanet?. d � to ��toh' scata ng axder�alks for to �l f ereixt land arses } Tar anaas for fleb�l>tait ��ngec�u ,ted Itodda;t�Qnal landecapihlong thepersmetef the lot, The Pet�bxoner beise�tes,ilia' approval oi' the orr� ' 'era!antes fear this parcel €oarsdenta.al tievelopnt �.�.1 not 'be k det ' tal to a¢Ocent propert>.e�s, ariQ�r ll a,t acverae.�.y af �ct; khe a�3atbcl><Ag- prep }ty PARC�� ".i7" ��53� Z �xcolh�ray L�'ast) SPECIAL EXCZPTIGN REQUEST; A) . Approval of a Special Exception to be allowed to have the option to use property- for a Single Family Dwelling for 636 Lincolnway fast, South Bend, Indiana per Section- 21-02.03 (a) (2) (F) of the City of South Bend Zoning ordinance. The Special Exception is being requested is to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The Petitioner would ask the Hoard Members to agree that approval of the -Special Exception to allow the parcel to be used for _either multi- family or single-family arse, 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 uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South 'Rend Comprehensive plan, all of which is requested by the South Send Municipal Code § 21-09.03 (i) . VARIANCE REQUEST: 1) . A Variance from providing the required Type "Al' Landscaping along the entire perimeter of said Parcel "C" to no _additional perimeter landscaping. The 'Variance to allow for flexibility in not being required to plant additional landscaping. along the perimeter .of. ,the lot should not have:,a negative . impact' . to any adjacent , property. 'Theta are several trees located on 'Eliza site presently. The ietsti ner believe that ;approval of the -sbove ;Vara,anee far this parcel for re.460n ial development will not be detrai.mentaX to adjacent 15 properties, ; nor will it adversexy aff�c� the surrounding` prcpe�cty A) . Approval of a special Exception to be allowed to have the +option to use property for a Single Family Dwelling four 'thy ' rsycan ., nd':adaeer�t to aril Eastf 17,01 South 4treet, "South'. Rend, lyda.ana per Secign:; 21- 02.03 (it) (2) (F) , of the City' of South He Pe The Sped el Excepts.an �.s . bey ng requested s s 'to allow for the exist ng hopaean phis arceY to. based ' detDUplea aclwe�."l�.ng br ssi gle fa l�►*hPoe , the Petr droner would Lek the 'hoarde5e�rs 0,11..ge that apro�ral of the Special Ecep �.on to allow the parcel to be d fcri# ar mIts'- fam�.lg ox sxg3.e-family vie; vauid `srot be in� rat'otS totl�e pubic health, safety, eamfort, community ttioral atandarsls a�oenience nor general welfare, or injure or acversely affect the vus'e of 'the adjacent area: or property values therein, proposed uses will :be And that the consistent with. the character :of the district in which` that' are locates and the land °uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South 'Send Comprehensive :plan, all of which is requested) by the South Bend Municipal Code 5 21-09.03 (i) . VARIANCE REQUESTS: 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-cf-way for a Single Family Dwelling lot to a minimum of 40 feet more or less; 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public Right-of-way for uses on a Lot alloyed in a MFI District to a minimum of 40 feet more or less; 3) . A Variance from the required minimum 6 ft. wide Side-yard setbacks .a minimum of a 5 £t. Wide Side-yard setbacks along the East and West property lines as shown and be allowed to have sidewalks or drives in said Side-yard setbacks; 4) . A Variance from providing on-site parking for a,Two Family duelling (i.e. 4 parking. spaces) , or on-site parking for a Single Family dwelling ( .e. I parking space) to no ,on-site parking spaces; 5) A Variance from the minimum required 6,000 sq.ft. for a Single Family Dwelling Lot 1 to a minimum of 2,500 sq.ft. more or less; 6) . .A Variance from the required minimum 25 ft. Rear-yard setback for a Single Family dwelling Lot or Two Family dwelling . Lot to a minimum of 20 feet as shown; 7) ;A ;Variance from providing the required Type i`All. l endscapirxg along the entire perimeter of said Parcel '"E'7 to no additional potljll ter landscaping, The Va7r antes requested for Parcel`''a�Err ow ,for 'the;' parcel to be used "for a.' l D"vplex 'selling or a" sxnQYe�fa tx.ly hams. Th requested Vari Andes 'reflect "the mihiihx ne requ�.red lot" sizes, fratitages, parking requirements, yard setbacks for lot`°imparoveneryts" such as ' 16 sdealks and Peeved drivearays endparing spaces for tha different land uses The Tariances also ,aJ lom fo3^ fleacybxli ty,zri not being recsred to plat additional landscaping alopq,the persmeter The Petitioner believes that apprc�v91 tuf "the" ov Ara °ebr t } s parcel for residential developn►erit trill not be, +detrmehtal to adjace~rit pro 'or ties, nor will it adverse3y a.fact tYi iiz�Cxai i7fGi�.n9 property vii ue'a. l? t ► .r. ; 7lit.. oth _treat) t ORCIAL ZXCk*#*� • �) s *4a1 of ! ia9tl�ptioo be7 tlred to have e. : pt�tno use �ropeary for a Single Faasyly D�velixng .`for the "70] Houth Stieeti, Scut bend, x dsas-a peg Sect . ra 2i2► �a) CC ) "{ `) p tle Cxtr �f South end' -yl+o1 � rc)sarre a The Spec�. l Exception ins being recpes"tad is to aild fad the" xi! _A& home on `t ?s,parcel to ba used for �e�thes re�s ` lentaal Duplox dwellang or dingle- !amdAy home Tlae Petitioners. and the oontiAgent :purchasers would Ask the Board Members to agree that approval of the Special Exception to allow :the parcel to be used for either zulti:-family or single-family ly ;use, would: not be injurious to the public health . safety, cointfort, 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 uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code S 21-09..03 (i) . VARIANCE REQUESTS: 1) . A Variance from the Minimum required B0 ft: of Frontage on a Public Right-of-way .for a Single Family Dwelling Lot to a: minimum of 38. 75 feet more or less: 2) . a variance from the Minimum required 50 ft. of Frontage on . a Public Right-of-way for uses on ;a Lot allowed in a Mri District to a minimum of 38.75 feet ;.more or less; 3) . A variance from the required minimum S ft. pride Side-yard setbacks a mini mum of a 4 ft. Wide .Side-yard setbacks along the East and 'Vest property lines as' shown and be ,allowed to have sidewalks in said Side-yard setbacks 4) . A. Variance from providing on-site parking for a 'Two .'Family dwelling (i.e. 4 parking spaces) , or on-site parking for ;a Single ;Family .8 w...e l ng {i.e. 1 parking pane} to .no uzi site parking spaces, but being.alloved..to ;'have a mina: um cf one {1) parking ."spade on an ad3aCent ,Acaesabty parking Lot shown on Parcels '►A'�, 11817" 11H",j ��I.r.:And "JO; 5) A "Vitiai %a from 3 e minsmut► re( us.red S,000 sq.ft £or, .a .Single ramil.y Die Iiftg' Lot` to ,a. manimuia of, 2,550 sq.f snore or 140"s, 0),. X` Vaki:, ce fram► pro'vx"ding the required Type *`A►• Lana oapingr zaxxg the :entire perimeter of s�rsd'Parael 17 sT' to na additional perimeter.. iandecaping.; 7) V$xienCe "from the required m�.ra=mum 25 ft. Rearyard :�etbaoJc for a sng�.e Fauna Il�vel) ng Lot sr Twa F#�atxlyiwellxng Lot; to �unm of 15 feet a hran, The ,Var�eracee �requestei for Prod � ►► ortl llatb for the;parcel to b e used for a mesa�ieratsalp_le7t , Iare .lin$ ar a '�sar�glefama ly.' ]some. The reeste( �arsareesg zefleat the mhia arecua.re1 lot szes� roiaa es parking roq!u�reme�ts', ya �i etba k � v� tat ex asi sideio s mps�aven�erats suoh as J o the .f£®refit lend uses the Vera` ce8 s .aa allow for fleacxb a ty bra spot b .nq requir �l :tolazat adds ta..c� al .etadsCeping alarm the periteer oaf a �7.at the Petitioner bei e,res that a �Sprovlfe agave ''�ar .aB�ee for this parcel far resxdetitial dereloptent wall; not` b to �adjecent Propert .es, nor1 it adveFSeyect the svrround .tig pr�pety au" $dis th;i;�tree t) SPECIAL EXCEPTIO14 `QUEST. A) . ;Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for the 613 South street, South Bend, .Indiana per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance. The Special Exception is being requested is to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either Multi- family or single-family use, 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 uses will be consistent with the character of the district in which they are located and the land uses authorized therein, and that the proposed uses are compatible with the recommendations of the City of :South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code S 21-09.03 (1) . VARIANCE REQUESTS 1) . A Variance from the Minimum required 60 ft. of Frontage on a Public Right-of-way for a Single Family Dwelling Lot to a minimum of 34.97 feet more or less; 2) . A Variance from the Minimum required 50 ft. of Frontage on a Public .Right-of-way for uses on a Lot Hallowed in a MFI District to a minimum of 34. 7 feet =Wore or less; 3) .. A trar�ar:ce from the required minimum S ft. W. Sdeyard aeGbaeks :a mitmuia of e 4 'ft, Wide Side-yard setbacks along the East property line and to aanmun ; f 2 ft. along the West property line :as shown and be A2. 16 06d to have sidewalks in said ,Side yard setbacks; 4) A, Variance from provi ding`;.n- 18 Two Fssly �< lls�ng �(i. parAM. A f nkpsite parking,for a - sste parks�ng for a Esn le Farsl �. a g waLllsYi ( 1rC�n �, ac onszte park�r�q spaces, htzt �n3gf . ° ea= o het ih � fneo�1) par �.ng space eon sn ad] rr rr ar '►r ar: a�EAt c'� O � �� } x � � � ' err rr B .a � , ��► d �� %� � � � terra '�� � � � , � A r xe X00 s� '9Ft, .for a Ssng, �Fel Ji ry$ Xa�e����x���s �.4' addt .onal pe�rs.nreter larid§c4psng,` 73 . ATr3n'ce oim� msn mum 25 f tsar-�e�rd sett�aclr for ,a San ' 4?�ly d� lla t dot a< j ��Lhgr pia KI to be Wised forssssntialp �re ��r;e toe ssig� �f�i- y 1 Il h ems - regixestecl variances reflect the Arnsi� , re Bred lot sszes fsoits parking requscements � yard setbacks for lot amps 4 vements auoh; as existing s�.develks for the dsfferent 1-and �xSee :. a snoe;s also a ow for flexibility in not being required to plant -addsti ona�. 1rdsC0%p :xg along the perimeter of the lot. The Petitioner' believes that approval of the above Varian es for this parcel for residential development will not be detiimental to 'edJacent properties, nor will it adversely affect the surroundin values. g property PARCEL "H" (611 5oun Street) : SPECIAL EXCEPTION REQUEST: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single .Family Dwelling for 611 South street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) of the City Of South Bend Zoning Ordinance: B) . Approval of a Special Exception to be allowed to use a portion property at 611 .South Street, South Bend, Indiana per Section 21-02,03 (a) (2) (D) of the City of South Bend Zoning Ordinance for an ,Accessory Parking Lot. The Special Exceptions is being requested to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family home. The second -Special exception request is to allow for a portion of the existing parking lot to be allowed on the proposed parcel. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow the parcel to be used for either.multi- family or single-family use and approval of the Special exception for a portion of the site to be used for an Accessory Use for parkt�gr would not be in;urious to tthe public heelth, ,safety, "coamfort, community �aora]. stacadards, convenience or; ,general. welfare, or snore or acverse,Iy affect the use of the adjacent area ;os propertyralues therein; an At the proposed uses w► lY be cohsistent s ith :thy character aP zt;)ie d 'BtriCt in' which they are located and the lend apses *uthorszed therein, and` that the proposed uses are compatible with the .rocommohd'atiots of the IbAy ;qf 19 South Send Comprehensive plan, all of which is requester by the South Bead AM dijpal Code 5 21 00.03 (i} A V'a<ri s it e f o a the f�l�nu um requixe� �0 'fit of EYOntage pan a Fub). c Ra.gfat of way' fora $Xngle �amaly D�►eia.ng�Lot tQ a manaum. of 54 3 feet more or less; 2) Asr�.ance for the > q@ mx �m >z s ft amide side- yard` setback`s a i of a► 2 ft 'F+1�de $ilte s Yards�thack along the ::East Property lane and.' to mnmum.of ft, ': , 14 #g the Feet property like a;s shown and b@ owed toav sxde�osralk sand a.v s3 S set'baoks`, w >. yard 3} y Ata�lan � tom P�ov� gfisat�sparkgh icorr0, 'am:a.ly dwellang (a..e. Parka.ng spaces) , or oYx sstr p$x'lssr�g Eoe a �ng1e ily dwela:ng (a l paskaing spae� ► to liats`e naaxtRe of twa Y(2 parking spaces on the porta.an of the Accessary parkin Lot sho own an Parcels R:Ar► "Brr . mar? �� rr � �► r and .? ) A VariAnce frrom the minamUm rec(ua.kW, 6 'boo sq.ft. for a Single Family Dwelling Lot to a m nimuiaa of 5,600 sq:ft. more or less; 5} . A .. Vote" from pros'iding the aequ red Type mArr Landscaping along the entire pet i met or. # said parcel ,� ,r to ' no additional perimeter landscaping; } . A STarance from providing perimeter landscape screening for the portion of ;a parking lot shown on said Parcel *'Ell to providing no additional landscape screening. The Variances requested for Parcel "H" will :allow. for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested '!variances reflect the minimum required lot sizes, frontages, and yard setbacks for lot improvements such as existing sidewalks, driveways and parking spaces for the different land use's. The Variances also allow for .flexibility in not being required to plaftt additional landscaping along the perimeter of the lot or for additional screening for the existing parking lot. The Petitioner believes that approval, of the above Variances for this parcel for residential development will not be detrimental to adjacent properties, nor will it ,adversely affect the surrounding property values. PARCEZ "I» {518 Rush Street) SPECIAL EXCEPTION REQUESTS: A) . Approval of a Special Exception to be allowed to have the option to use property for a Single Family Dwelling for 53.8 Rush Street, South Bend, Indiana per Section 21-02.03 (a) (2) (F) . of the City of South Bend Zoning ordinance; B) . Approval of a Special Exception to be allowed to use a portion property at 518 Rush Street, South Send, Indiana per Section 21-02.03 (ail (2) (D) of the City pf South Sind Zoning Ordinance for Aft ;Accessory Parking Lot. The Special Exceptions are being requested to allow for the existing home on this parcel to be used for either a residential Duplex dwelling or single-family hone. The second Special Exception request is to allow 20 for a =portion f the. existing parking lob t'¢ be 44 ot�ed ova the ��ropo�;ed parcel. The Petitioner would ask the Hoard Members to agr ? t� of the Special Exception to alloy the for ..^ ` pareel. to be hied` ��.ther multi- family or single family use and a�roval o the pe ,}ai excel # fop a portion Of ire site to btec for Ae � s for Id no t b8 244, i oh to the pizc '�� y; �ort, i Oral standards, conppveenewer �nellfre, �' � +wer e�iv s #fact the .0 a of Yr, t Y x �LeF♦4. a r r W L i �,Y� 7 p ope'rty ae t�ren, y �iat the proposedsses, iyll be +coh sa.`stent 'aaith� :hearacter o`f �F:he ttri t in W P a why rh they "fie locates aruthev 1a�ch'' � rein d at �tih 17 'es 1646th �G`.d `7'1MVre'h a ' ivl e' My x �3 h .r f t alp ensave pla n, Bend 13s:ncapal bode 210'9A03 fix) . VARTANC `I tt*ST'S:' 2) . # variance i`roa► the A3ihim m required '6a ft. of Prbrxtage on a Public Right-of-way for �a Single Family DO:`.elling'16t to a"mini tm 0f 30' 50 feet more r less'; 2) . A variance from the minimum'required S0 ft. of Frontage on a Public Right`-of-way for uses on a' Got all16j4ed ih a bWl District to a minimum of 30.50 feet more or less; 3) A variance from the required minimum 6 ft. pride Side'-yard setbacks a minimum of a A ft. Wide Side-yard setback along the North and South property lines as .shown and be allowed to have sidewalks in said Side-yard .setbacks; . 4)". A Variance from providing on-site parking for a Two Family duelling (i.e. 4 parking spaces) , or on-site parking for a Single Fancily duelling (i.e. 1 parking space) , to have a minimum of one (1) parking ..space on the portion of the Accessory parking Lot shown on Parcels "A"? mBft, %inn Mill and "if,; 5) . A 'Variance from the minimum required .6,000 sq.ft. for a Single Family 'Dwelling Lot to a minimum of 4,080 sq,ft... more or less; 6) . A Variance from providing the required `'Type "A„ Landscaping along the entire perimeter of said Parcel 'I'll, to no additional perimeter landscaping; 7) . A Variance from providing perimeter landscape screening for the portion of a parking lot shown on said Parcel "I" to providing no additional landscape screening. The Variances requested for Parcel "I" will allow for the parcel to be used for a residential Duplex dwelling or a single-family home. The requested Variances reflect the minimum required lot sizes, frontages, and yard setbacks for lot improvements such as existing sidewalks, driveways and parking spaces for the different land uses. The variances also allow for flexibility in not being required to plant ,additional landscaping along the perimeter of the lot or for additional screening for the°existing parking ?lot. The Petitioner believes that appr of the bover arao 3 for this parcel for residential development will not be d, 4"t, =Mdfttal to adjacent Properties, :h or will it advek"Ily :Oft, the surrour thing` property value$. 2I PAtCE.L 16J!' �5I,4 Rush PPBCXAL Fx� o r s s pprav44 oaf a s�ectal Excepts on to use �stopertYtr ,Single F a1 & a 4Od to,hav0 the o t Bent, Indari der Secta�or� 21Y D�oe].ing fbr 5I4 . P a ano Z", 4 Ong or 03 a Rush Street, South nae. B) rove Mpg a ); (?} {F) �bf ty of Southeind use a :po'� o#� Sped al ropert)► et 5i4 Rushpt�d to be ellc►eedo Sect�ot 2I� 2 3' {a) (2) {D) otreet� outh �nd for ajn Accesso the Cit ► Indiana per �' rkin Y of StsUn1� 0"�Dardatnat�oe � e Sped, I Rxc hbA► +an elot�o are beM.ng r es t Al parcel to be U.6.6 �� d to , � ow o z the ear or sin gle`fil" ho °r'ua ?e :' reside �tg for Y nte. The second $pedal Exce ton tie ports ott of the existing plex +3w hang Prel, g Parking lot to be a�lo►ved ont the to �11o�r the Petitianars and Proposed Members to the contingent purchasers would agree that aPProval of" ask ate oar parce3 to be used fpr either the Special ExceptiorB to APProval of the Multi-ramify or sin e•.f allow the 5peeial exception fora g. amily .arse:. and for an Accessory Use for Portion °.of health, aafet arkin the site to be used P g. rould not be in�uriaus to the Public Y, 'cc, oommunit general welfare, or in Y� moral standards area Or Sure or adversel ► convenience Or Property values therein" .,and the use of the adjacsnt consistent with the character of r .,and .that the .Proposed and the land uses authorized therein district in which the uses w "11 be compatible with . and that the Y are located Camprehensi�re the recommendations of the proposed uses are plan, all of which is City of South Bend Municipal Code § 2i-09.03 (1) . requested by the South Bend VARIANCE REQUESTS: 1) . A Variance from the Minimum re Right-of-way f 'required 'L ft, of Frontage on a Y or a :Single Family Dwelling Lot to a public more or Tess; 2) . A Variance from minimum of Frontage on a Public Ri ht- the Minimum re 35. 92 feet District to a minimum of of-way for uses on required 5p ft. of 35.92 feet a Lot allowed in a MF1 the required minimum 6 ft. ;ride Side more or less; 3) . A Variance from ft. Wide Side-yard setback aloe Yard setback to a to have .sidewalks and drives in both and the .North min* of a Property line and be allowed setbacks; �4) . A Variance from and South Side-yard dwelling (i.e. 4 parkin Providing site . parking for a dwelling {i.e, �, parkin spaces) , or on-site parking for �°O Family Parking space) , to have a .minimum Of a Single Family spaces on the portion of two ��Brrr +ti�rir . +elrr and in n . the Accessory Parking Lot shown :on p 2} Parking sq.ft. for a `7 ,5) . A '�"ariance frazu arcels.. A°, Single Family Dwelling the m�.narnum. required +fi 000 more or less; 6 9 Lot to jai nzm of ; } • A Variance from providing ,750 sq.ft. Landscaping along the enure the rs additional Perimeter of 4ured 'YPe Perimeter landr$caping; 7) . A Variance froth Parcel �•,��. to:;:'no . providing „22 Perimeter landscape Screening said Parcel nji, to 4 for the portion u a The Variances re` rovidang no add�tiAnal landeGa � krrig lo; asoi "on be used for 4uested for Parcel ,, „ Pe scree �n . a xasidentaa2 J ws Z`a i r �o' � reCN�sstedarlances r 13�5p1ex < I�iella ng or a e n �e parCeo and yard' se Qflct the n s5xe fa�n� y home tirxt� cks zbr dot �r �tZr #fit �g the rways and parka hroni $ e �rortai s; also a`Zla g aPace; gr . 1ti landsca '#or #lex � i ty the�xeers`t � uF -j s �e�ra�l $ P nJ along uhe per �fit b�e ,nge� rad` ads �# "ar ®s o ' exa. ti qtr of v go p � aI n9r parkin the' bt ;'firrta�uxpnal bo Th truxoner g lot e Pe believes P"00i parcel for that LPProval, of ' e 11 mesa dentzal s ov ai Proertgs, mar 11 itleht ; �V.1.... fiat: b” Asa' fhxs ara3�es►" � rely ��Efect a��aent � . w Variance rib.. � grzy and . $CrY Pa � Lot 1oCateC� Cn ,.ParceXs 'R1 p ry I) . From thee Yrement pro .sd%h sis eway tO .A .t�;rtzmum Of I� "a %inamxtn 24 ft. 'he Petitioner ss askin" feet made for wide parking lot lot shown has an existing parking lot, g :for .aPProval of this .ruest, a8 worked to existed for the past several chats for years. The the Parking allowed to continue mars to enter and aexit the lot, Paved to use area has widen the drivewa the existing parkin Whey would ask to be Variance Y' The Petitionex°s do 4 lot Without having to re have not believe the approval of Property. quest would a detrimental affect this The Petitioner would on any adjacent the above described the Hoard MQmbers to detrimental escribed Special Exceptions and Variances that a affect for will approval of Public's health this area, nor would the not have a affected. safety, 1$orals.. or Property general welfare Y values, The Petitioner contends that be adversely the Zoning ordinance will constitute t e an strict alp is tion as applied to the of the terms of Variances are Property for which unnecessary hardship sought: that the the Special Exact Variances arises from need for the Special Ptions and same .Zone: and that such coradi Lion peculiar to Exceptions and Property described the use `°r value of the Property in the Variances wi31 in the petition the area aclj�acei�t to the not be injuxious to the for the Special Exceptions and general welfare of the community. Public health, Safety, morals, or I attest, under representations a Penalties for perjury, that the foregoing c ael J. Danoh Pres. nt Ranch, Harner � ASSAOiates, Inc; Property Owners Within 300 Feet 5 Star Investment.Group lit LLC PO Box 706 James&Fem JeWet Middlebury, IN.46540 612 Rush Street Na'i Tax Key#018 303'4 1161 South Bend, IN,48601 a Quddoura Tax Key#0?8 30x11 fog 50712 Mercury Dr Granger, IN 46530 Ta Vert Sheets x Key#018 3031 1968 631 LincolnWay East Neat Nowak South Bend;IN 46601 521 RiverAv Lea' hex Tax Key#018 3030.109 South Bend, IN X6601 Hardin Tax Key#018$030:1503 512 E South St South Bend, IN 4650 Tax Key#018 3031 1153 Marian Delgado 516 E South James & Fem Jewell South Bend, IN. 46601 3602 S Ironwood Dr. Teachers Credit Union Tax Key#018 3031 1150 South Bead, IN.46614 Tax Key#018 3.031 1147 190 S Main Saufh Bend, IN. Nuvo Visions LLC 46601 ' Tax Key#018 3031 1 PO Box 1048 Amir Coley Citra, FL. 32113 PO BOX 852 Michael&John Chester Tax Key#016 3031 1144 South Send, IN. 46601 616 E South Tax Key# 18 3031 1141 South Bend, IN. 46601 5t.Jaseph County Tax Key#018 3031 1140 'ounty City Building Financial Intelligence Group Inc. South Bend, IN, 46601 10905 183rd Juanita Derda fax Key#018 3031 1139 Cerritos, CA. 90703 1255 W Tax Key#018 3031 1196 Niles, Mi.. 491204 Rd. oufh Bend Redevelopment Authority Eugene tax Key#018 3030 1118 ?00 County City Bldg. gene&Alice Henry ?uth Bend, !N. 46601 537 River Gregory& Stepaine Merryfield {x Key#018 3030 1119 South Bend, !N. 46601 620 Clinton Tax Key#018 30391514 South Send, IN, 46618 'Of South Bend Redevelopment Tax Key#018 3031 119, 0 County City Bldg Josphat Wainaina &Joyce N th Bend, IN.46601 8894 Harvest Hill Way gugi South Bend Redevelo Key#018 3030 1138 Elk Grove, CA, 95624 7200 Coun pment Tax Key#018 30391525 South Bend, INjty Bu1ld�ng 46601 'uth'Park Tax Services LLC Tax Ke Y#018 3030 1137 Jefferson D-4 James Griffin 'any, NJ. 07961 601 E South Joyce Hantuba V#018 3030 1130 South Bend, IN 46601 4310 River Bend PL Tax Key#018 3 030 1131 Savage, MN. 55378 f Wainaina&Joyce Ngugi Tax Key#018 3039 1521 Vvest Hill Way Madrina Owens re. CA. 95624 .515 Clinton Revin$ Dorothy#018 3039 1529 South Bend, IN. 46601 Y McMahon Tax Ke # ?5663 Fieldcrest Ct. Y 018 3031 1187 'Granger, IN. 46530 Tax Key#018 3031 1179 Madrina Owens Zina Broom 6 Lara properties Corporation '15 Clinton 1616 Clinton St 1324 W Western Ave South Bend, IN. 46618 South Bend, IN..4660i Tax Key#018 3031 1186 Tax Key##01.8 30311 Igo South Bend IN.46619 Tax Key#018 3031 1195 Sunrise Atlantic Corp. Reynaldo Hernandez Glenda Rae Santos 1 'rnanue!Delos PO Box 5707 Wilkie toe E soul, Fort Lauderdale, 1N. 33310 702 E"South 5t South Send IN>4 6 Tax Key#018,3039 '1531 South Bend, !N. �6fiQ1 `' 01,. Tax KPv*o1n 3nas '117nn1 Tax Key`#018 3031"1 "68 " Reynaldo&Glenda Rae Hernandez Nadi Quddoura Eytihia Atges 702 E South 50712 Mercury©r 2043 South Bend Ave #X45 South Bend, IN. 46601 Granger, IN. 46530 South Beard, !!� 45637 Tax Key#018 ,3013'( 1170 Tax Key#018:.3031 1,165 Tax Key#018 3 38 1533 Joseph Dixon Yates Gus Thaumatur Inc. Joseph xon Yates 612 Clinotn St 3019 S Michigan 612 Clint. h .. South Bend, IN 46601 South S. IN. 46614 South Bentl, IN 46BQ1 St Tax Key#018 3031 1171 Tax Key#01 B 3031 1152 Tax Key#d 18:303' 1 11X002 CPT REO LLC Na}i Quddoura HanyAbde!-Shahid 1223 N Rock Rd. BIdg.E Suite 200 60712 Mercury Or 58078 Pear Rd Wichita, KS 67206 Granger, IN,46530 619 46 N ! ,South Bend .46 Tax Key#018 3031 1143 Tax Key#018 3031 1167 Tax Key#d, I . 1145 4mir Coley NO Quddoura .lames Burke 'O Box 852 50712 Mercury Or 721 LincolnWay East South Bend, IN, 46601 Granger, IN. 46530 South Bend, !N. 46616 fax Key#018 3031 1142 Tax Key#018 3031 1166 Tax Key#018 3039 1541 Louth Send Redevelopment City of South Bend Redevelopment City of South Bend Redevelopment 200 County City Bldg 1200 County City Bldg 1200 County City Bldg oath Bend, IN. 46601 South Bend, IN. 46601 South Send, !N. 46601 ax Key#016 3030 1134 Tax Key#018 3030 1 128 Tax Key#m 3030 1135 fty of South Bend Redevelopment Karen Urbacke City of South Bend Redevelo went '.DO County City Bldg 521 E South St 1200 County City Bldg P )uth Bend, IN.46601 South Bend, IN, 46601 South Bend, IN.46601 ix Key#018 3030 1136 Tax Key#018 3030 1126 Tax Key#018 30301127 in Patrick FUJAE Steven Kurtz D River Ave PO Box 4342 Ste Ste River Ave Bend, a uth Bend, IN,46601 South Bend, IN.46634 South Ben K Key#018 3039 1530 Tax Key#018 3030 1129 I , 618 Tax Key#d, 46 46 1532 ies& Ken McCormick Brian Alan Rupert Mike Neal Arch Ave 525 River Ave 748 N 29th 5t #h Bend, IN. 46601 South Bend, IN. 46601 South Bend, !N Key#018 3039 1526 Tax Key#018 3039 1609 .46615 Tax Key#018 .46 3030 1100 Diane Erdman 701 Land Trust South 8a nd'Redevelatimnt 10186 Charles St 701 LincolnWay East County Burl in Osceola, IN 46661 South Bend, IN 46616 South Bend, N 46601 Tax Key#016.33 ? 1096 Tax Key #018 30391517 Tax Key#0 it3 3029''1073 Thomas & Dorothy Compon South Bend Redevelopment South Bend R development 80 Adina Court 1200 County City Building 9200 County City Build�rig Lafayette, IN. 47$135 South Bend, 1N.4560# South Bend, IIV`46 }7 Tax Key#018 3039 1522 Tax.Key#018 3036 1132 Tax Key#01a8 303 '1133 Vert Sheets Jakov Adler Eugone Cieplinski 601 E Bronson St 18 A Kubovy St 533 River Ave South Bend, IN.46601 Jerusalem, Israel 96757 South Bend, IN.46601 Tax Key#018 3030 1099 Tax Key#018 3039 1518 Tax Key#018 3039 1511 Brian Alan Rupert South Bend Leased Housing Ronald &Elizabeth DeWinter 525 River Ave Associate 602 LincoinWay E. South Bend, IN,46601 2905 Northwest Blvd. Suite 150 South Bend, IN 46601 Tax Key#018 3030 1506 Minneapolis, MN. 55441 Tax Key#018 3030 1114 Tax Kav#n1R.1n,10 I In7 Leah Zimmer John&Sarah Sehom Department of Redevelopment 517 River Avenue 513 River Ave County City Building South Bend, IN. 46601 South Bend, IN.46618 South Bend, IN. 46601 Tax Key#018 3039 1500 Tax Key#018 3039 1497 Tax Key#018 3029 1069 lntemational Constructor Co City of South Bend Redevelopment South Bend Redevelopment 11711 N Meridian St. Suite 528 County City Building 9200 County City Bldg ,armel, IN. 46032 South Bend, IN. 46601 South Bend, iN.46601 rax Key#018 3090 3483 Tax Key#018 3029 1068 Tax Key#018 3030 1137 'lymouth Park Tax Services LLC James Griffen Reynaldo Hernandez& Glenda Rae 15 S Jefferson Bldg, D-4 601 E South Wilkie Vhippany, NJ. 07981 South Bend, IN. 46601 702 E South St ax Key#018 3030 1130 Tax Key#018 3030 1131 South Bend, IN. 46601 Tax Kav it 01 117nn1 •nmanuel Santos Delos Reynaldo & Glenda Rae Hernandez Amir Coley )8 E South St 702 E. South PO Box 852 )uth Bend, IN. 46601 South Bend, IN, 46601 601 46 N I ,South Bend , 3x Key#018 3031 1169 Tax Key#018 3031 1170 Tax Key#d, 46 1142 uth Bend Redevelopment City of South Bend South Bend Redeveloment Authority 00 County City Bldg 1200 County city Building 1200 County City Building uth Bend, IN.46601 South Bend, IN. 46601 South Bend, IN.46601 K Key#018 3030 1134 Tax Key#018 30301128 Tax Key#018 3030 1135 rth Bend Redeveloment Authority Karen Urbacke South Bend Redeveloment Authority 10 County City Building 521 E South St 1200 County City Building rth Bend, IN.46601 South Bend, IN. 46601 South Bend, IN.46601 Key#018 3030 1136 Tax Key#018 3030 1126 Tax Key#018 3030 1127 South Bend Redevelopment 1/erl Sheets �Ier1 Sheets 1200 Coun d, ty City Bldg 601 E Bronson St 631 LinaofnWay East South Bend, IN,.4,601 South Bend, IN:40801 South Bend, 1N; 46601 Tax Key#01$3029 1072 Tax-Key 018 3030 1'090 Tax Key#048'3030'109$ GASP Enterpn5es,,,Tp 1621 Oakwood CC'- Bowling Grea`n, O X3402 Tax Key#018 300 1081 r a AREA BOARD OF ZONING APPEALS Boat den d X6601 (574} 235 X9554 p�+x t♦574) X35 5541:- October 6, 2011 The Honorable Common Council of the City `of Souh'Berid 4th Floor, County +City Building South Bend,Indi�ia' 6 i RE: Petition fof Special Exception ABZA 10 15 1,11 Dear Council Members: The above referenced petition of South Bend Redevelopment Authority was legally advertised on . September 15, 2011. The Area Board of Zoning Appeals gave it a public hearing on October 5, 2011, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Young and unanimously carried, the petition for Special Exception to allow for the option of a single family dwelling on property located at 618,622,626,636 Lincolnway East and vacant land east and adjacent to 701 South St. and 611, 613, 702 South St. and 514& 518 Rust St. and a Special Exception to be allowed to use a portion of the properties as an accessory parking lot on properties located at 618, 622 Lincolnway East, 611 South Street and 514 & 518 Rush St. is sent to the Common Council with a Favorable 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, C,B.O. Building Commissioner CCB/cah S��TN Bile!® 1�EICMEV►ELIfIh IEaN'r /Iu'rH!ORITY 6'1mq ii" 62 :6 B L1i�1GOI.NWAV F•IMS7' 611, 613, "1 If. 1//4�:AF�"(E.�b�iAb ACE�ll7 'lf0 7Q't BOL!TH sr. 4tsu � lsrP SPECIAL>✓J.CV*,h0N b"P.SUANT21-04.3(D) AREA POf Alzn`QF APPEALS FINDINGS Oi+'I=AC7 1. THE PROPOSED USE WILL NOT$E WJ 112IbUS TO T14E PUBLIC 14EALTF-I, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR'GENEKAL WELFARE BECAUSE: Development and use as presented will comply with all building,Mire safety,traffic, and parlcitlg regulations as to not being injurious to the public health,safety, morals,and general weifare aftho community. 2. THE PROP05ED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not 40#*Oho,surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARAC OF.'i[J ppIST.WC'T IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates.a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6th Day of JULY,2011. YES NO Im MICHAEL UR.BANSKI . ABSENT RANDALL MATTHYS JACK YOUNG GERALD PHIPPS ® ROBERT HA WLEY ® JOE VELLEMAN BRENDAN CRUMLISH a SOUTH BEND RJEDEVELO PM.XN T AUTHORM The petatlon of 000900e0.Reveloprnent A. seckng the folowing Special Exception to Iow far a omp efa 5 1 "lp � I � B E` ' G H-1 : 'S Ex�epti toL � �'IsF °' o , r; � y s multi iIy use, I �v ti s�dov�' c } � to 4 'for parfurlg �ofru Tli �p site acldltloiteri tng or0 t v. aSl Ie -�4 l a ��1 g Oily tg7.7 �}� c� �}pi.c. � F V, in Mjr VXV V_:���d aSMtb � t'�'„ n "i} VN &�' '$?" r penruetex� citr Q�� �� �` � � �� ;�.,,, .,s rT g •�cz � ���Z' 1�'�';�. �§�4��.(� txi a 1 c NStie �ti toy Y a 5 ,k use, from�'pe ngb ©? P14 4 , a1 Iandscapu�g to po �pentcd ��i i ; �� EN it use, fro 5 'fro s � � 4 _ oily , from � b, � , <piu oit king#o " 'ip 1 r 2t z i�- �afi .t s 3, no on site parking, � 0(l stI ft lot size to , b0 fr I z y the 25 ieAi yard from Type A Iandscapi g�o no additional pe irieter I d§6p g Et F-fxom the 60°front g ' o ' 38.75'for single family use;`from 50"fro to 38,75'for mt1lti faxnilY use;from the+6' side'yard setback to 17 'Area Board of Zoning Appeals—October 5,2011 4'and t/y�allow a sidewalk Win the side�tv),�y`.d s�{yrt �±�5`k�t o a s"te aYy■'� to¢j,jo n r i o S a40 )f `_ j ✓i'' .8`Ait' '.: q ft Iok size to 2,5 ;0 sq� lob SIZe,���tYL� ���zl � iOg�� p �� ��,frpm tli�25' e yard se# k to 15', ' stn�khe� 3 ' ox frotag to r)7 , ' i f�ylY ) 6 � WK in tfie ads yardetbl , o `on �tie p �t h* _ �► > � o �� ?a SOR •� J. ' "+t.Ca`i >,' fro tit, 7'T,ype A dspg;Q o aditx 15, e s a s �. �q 5 � ,' •f an�Q' r tag 54 zl 6 + d s � w2'and cleL,. to allow a siwal side yard seat et i, p bQ: ' `ft. lot size o 4 0 s9 , �ome Type ca oci' o r kllot lanri cit°1soree ` s N �3Q, e, fr� the�6' td� s a s setback; ,r a s s > > s t 0a -'�. �. rsx . frog b `ale prk� o hb on stt�prig; ,( x Y ;O �; 6 A y s X5:5,5.. lassg to'n�addtt�oal �x� 1r ; .,:. Via' frp taro t4 35.92'for single;farrnly ttse,fi'oro' �� 5, 'fob ltty the'6'side yard setback to 4'`and to allow sidevualk,arlcl drive in the sc ya se�tack;? ron of sits pk `] o� ;�ti situ parking;;from;�,000 sq. ft. ldt s�ze'to 4,750 s : ,from Type A lair scapng to no adcit�o perueter landscaping ar parking lot landscape screening;and from the mini'um 24'wide parking lot drive aisle to 14' on parcels A, B, H, I & J;all on properties located at 618, 622; 626,636 Lincolnway East, 611,613, 701 and vacant land east and adjacent to 701 South Street, and 514 and 518 Rush Street, Portage Township. Zoned "MF 1". MR. MIKE DANCH: Danch, Hamer&Associates, 1643 Commerce Drive, South Bend, Indiana, representing the petitioner the City Redevelopment Department. Mainly what we're doing here is this is the neighborhood area that's bounded by Lincolnway East, South Street and Rush Street. These properties were acquired by the Redevelopment from the South Bend Housing Authority. Basically what the Redevelopment Authority would like to be able to do is to put these properties back up for sale for either single ownership, duplexes or the multi family classification. What we ran into, we had discussions with the Area Plan • Commission staff and the Building Department, the houses that you see on our site plan are the existing ones. A couple of these houses right now are being used as single family. The other ones are being used as multi family. What happens is under the zoning for"MFI"you're not allowed to have a single family residence. So what we're trying to do is work with the City of South Bend to make these properties sellable and provide enough options for the city that if someone wants to buy these homes they would have the option to continue to use them as duplexes,the ones that are that way, or single family depending on how that worked out. When we went through the zoning ordinance I had to ask for Special Exceptions to be allowed to use the houses as single family under"MFI". That's not a permitted use under"MF 1"unless you get the Special Exception approved. The other variances that were asking for are basically for the setbacks to recreate and reconfigure property so that I can go through the subdivision process through the plat committee to create Iegal lots of record for each of the houses. What we ran into is that the houses are they way they have been separated previously,I'm going to assume that it wasn't done with surveys, that there were encroachments of buildings,walkways onto the adjacent properties, so the diagram that you see before you would be also the subdivision,that's what it would look like and we've submitted it to the Area Plan Commission for approval. I've tried to clean up all the problem areas that were adjacent to theses houses. And what we did is we went through the ordinances one by one to figure out if we had sidewalks that I 18 'Area Board of Zoning Appeals—October 5, 2411 would"have to ask for side yard setbacks. Also whit's under the{M I"category is they uIy assume under the OW 1"that you're doing an par Gent complex or a Iaarger bwild�rig so the Iandscaping requirements that axe involved with#hose type ofstnlctures �oeveu though I have a l; ngte fnly house or a duplex,they also ask you to do:perimeter landscaping and other types of lanalscapnzg. One of the last things 4,we hid is that the Howling Authority h gone tad: id�ust pit 1nt tlor pa ling 1p on the properties. Basically they just went out and paved the parking lot and ran it stroll property le Nell under today's codes an order for a to.l?hve=fat interior'10 kinglQt to be sapprovedz °rived ,special Exception for that as well. That's Considered an accessory,Use Wider the"NIFI"category. art`we also tried to do is take a look and split that parking lot up between ehe`different propertied and Sbt will happen is xhere wild be a homeowners association that will end ttp taktig care of that` Through the subdivision process we'll end up with an in sleg ress aid a parking lot a t therit,t till s ides tip Whose lots So;basically the houses that have frontage along I,incalnwny and sbtne of the other houses will be able to use that parking-lot for p'axking spaces that ate xe� 'd'f whatever L they put ui those houses ; Ihere's one, I think house that's on South Street that doesn't have aoc.ess to that parking lot becat}se it's€a1r:4W ay. And if you've been out the theme is parking adjacent to those sites on`South Street so there's plenty of parking' there- That's the only house that we'd be asking for to be allowed to have parking on the street. And then also what we did, you can see the existing walkways that go through behind some of the houses; we're creating a pedestrian easement on the subdivision as well that allow those houses to go over those other lots to get to the parking lot. And in a nutshell that's basically what we're asking to do. What this will allow is that the houses that are there can be sold. They will be able to use as single family or as duplexes and there's actually a couple of lots there that will allow for new construction of homes in downtown South Bend. And that was kind of the whole point of what we were trying to do for Redevelopment and if you've got any questions for me I'd be glad to answer them. MR. FEDDER: I guess the only question Mike I have is that, you're looking for two Special Exceptions? MR. DANCH: There's actually Special Exceptions for each of the parcels to allow for single family and then there's the Special Exception for the accessory parking. MR. FEDDER: Are you doing that in one ordinance with the Council? MR. DANCH: Yes I did submit one ordinance. What we did was we used the legal description and the addresses of each property on the Special Exception ordinance. As far as I know Kathy was okay with the way I had written that ordinance. MR. FEDDER: So we're going to have a yes or no vote, favorable or unfavorable on the Exceptions and then you'll have your motion on the various variances. MR. PHIPPS: Mike has any effort been made to re-establish that alley up the northwest corner? It seems like because of the width of the drive it seems it would be better if had a connection there and made it one way in and the other way out but that may be private property ...? 19 'Area Board of Zoning Appeals—October 5,2011 MR,DANCH: Yeah, I don't if it was the Housing Authority or the previous owners,that is a vacated alley up there to now to go back arld re-ded ioate Wwo' a! to either have that p ope 3'own r to north ••. MR. PHIPPS. 'Tile City doesn't ownsthose two fats MR. DANCH: No;they:4on't own that one so I dpri't have the availability of owner of both sues al~that. MR.P Iik'PS Ybu're not really additi any 3#nnre activity to that Patlung area? MR.DANCH: No,no. MR. FHI 'P w with'essentally jtxst.a ore MR,DANCH: That" ..exactly exactly it. It's"basically dust far those few houses and ih.Ws it. I'm Just trying to fix what kind'of the Housing Authority out there.' MR. PHIPPS: So there's not room for cars to meet there? Somebody's coming out, somebody has to wait? MR. DANCH: That's it yeah. MR. URBANSKI: Area Plan. MS, NAYDER: We were in favor of the petition as a whole. This is largely an existing situation but Mr. Danch has already submitted the subdivision and our office is reviewing it,however, when you submit a subdivision to make these actual lots we have to go back again to whatever the current zoning codes says that the width, etc. should be. So we would not approve the subdivision under the current configuration because the lots do not meet the current criteria so and a lot of it is existing, so we're just trying to clean it up for the subdivision so it can go forward. IN FAVOR MS, KAREN URBAKE: 521 E. South Street so I live adjacent to the properties on Rush Street that are under discussion. Number one, is that diagram available? I have an aerial view but it doesn't show the proposal. I kind of understood what they're talking about with the existing housing,they're just trying to pull those lots into compliance. But from what I could gather from what they're talking about three of the lots are vacant and two of those are side by side and I guess if they're trying to make it attractive for new construction I would think it would be better to combine those two side by side lots into one decent size lot instead of trying to get by with those 40'lots in an neighborhood that's not all that popular. I don't know who that's going to be attractive to for new construction other than investors and certainly prefer to have homeowners in our neighborhood. Same thing for the two lots on Rush.Street,I believe the one lot is 30' wide. Are you seriously proposing somebody's going to put new construction;on that. I guess,I would like to see it combined with the lot next door so that you'd have a house with a yard perhaps:., 20 'Area Board of Zoning Appeals—October S,2011 MR. UPMANSKI: If I could answer that before we go on. From about 1993 until January of this year,I built probably 150 to 180 homes in the City of South Bend and a lot of them on 40';lats. Some Vin,maybe 36'was the smallest I've done,but we do a lnt wrth deszgrung homes to fit the older'nexglbdhoods. `And if you go down west Colfax Street in Sath B0 tdx'the's o Qr three when we get dune peopiesCed„ifwe remodeled the homes that were there. l01' not going against what you said but there have been a lot,a lot of homes built in the City of South Bend on 40'lots: MS URI3ACKE 'Yoah apd a#yard sell no,' 4 what.: end again the one lot on Rush Street,T':bolieve 3Q'wide, serlously? acarttlo�t pelt to it'and It d' W that's not.owned as part p th s but 1 believe that lot was eo f©rat sale c Ple fir ` ego, I she ti d dress,not bung privy to;th0,))his, btlt�ust earnces a far as the e th .p �g lot wQU1�1 easenrlly be W] ere right no�v. Agin on Kushtreot whereey'�ozig abdt} aid on tl�e �t'?!et t1'At's dot part of the p rluag lot right naw so that would even vo to ba sho t IX so eta�o sl bo a 30 65 fz�ot lot once theparking lot, I tlutak that's what you were asing fox onha , So;I was conceded that that was tibt going toibe attractive to anyone but an investor There was;a small duplex aorass tlie'stree#:from rne;a: ice two bedroom Dome no#hing wrong with but no yard,they had trob llg $ue sei 1`29000;I guess just no -interest.' I guess just as a homeowner in:the neighborhood I'd lilts to see something more attractive done with those vacant lots. So that would be my concern. MR. PHIPPS: dust because it is platted into two lots wouldn't prevent someone from buying both of them and building one house. It just makes it possible to put two separate houses. MR. URBANSKI: Anyone else wishing to speak in favor oft MR. REYNALDO HERNANDEZ: Residing at 702 E. South Street. My questions and my concerns are not so much about way of either support or opposition but trying to put some clarification. Can we translate this into everyday English enough to be able to say whether off street parking will be preserved for the parcels in question? MR. URBANSKI: That will be answered, Mike Danch will come up after the public hearing and respond to all the questions. MR. HERNANDEZ: My other question is connected with what Ms. Urbacke was talking about with respect to three, well two lots that are part of the area in question and a third lot which is adjacent and if you'll look at the aerial view you will see that there are actually three adjacent lots there and I do concur with her observation that any one of those lots would provide insufficient frontage for any acceptable new construction there, And what ever we end up with either the two lots which are currently apart of the area in question being combined into one lot with no consideration being given to the vacant lot or changing those three lots and having what is now that vacant lot, so that the three lots would become two lots. That would provide some fairly decent frontage for the construction of not one but two homes in that area,'So I would like to see That considered as part of the plan. .1 understand.that,that is not currently part of the plan but I would like us to take a long range view here. 21 'Area Board of Zoning Appeals—October 5,2011 MR. URl3ANSKl: I'll thank you very much sir and those questions will be answered by Mr. Danch.- There vas rib one rese.Ot'to speak in rornonstr ce()T this pe dbm R►EDUTM: . MR I]AVCH. Just to answer a couple of thole ques ons. The art ing question, out of'the teti parcels that ;we're s �wtng there only one of those watild have on strut pang and fats that parcel E that is on South Strut veh these ilei�ty of paka'ttg Tong Sott'th Stt #; 'AII the iotheou �thr have pt 'pgl on their grope tsr #htci'ssary paktrig lot that ve'ro doang� ` esl'd °#o a#doer p gut there, dory t hay thebrlxty rtglit n;i to purchase;I thx ,#its trio vet'lts that theye t1Iig about. If we e able Lo ch s those thenyep I chttld go"NUAhMW s0, -Vison pirocess,t?acl th, t?vo Tots up d vie cool ' e �sl t them"nr re sttbdtvide then�f that's possrhle` But fight no�v those ale° d separate:omersha d so'we don't lime the ability go and'purcise thole grid as fans know nght now those are not for sales And we did take a look at the sage oftlie lots eveh the ones that are shaw�aig afire vacant,'as you were saying you can end,we looked at the houses°that are out there right now which are basically two story homes and you can get possibly 1200 to 1800'square`foot homes on those lots that we've created so I think that those are acceptable for that neighborhood area for what's being done. We tried to match those lots with what's out there right now and the existing homes. And if you have any questions for me, I'd be glad to answer them. MR. PHIPPS; So Parcel E doesn't have access rights to the common parking but all the others do? MR. DANCH; That's correct. Or the lot on the very corner that was large enough so that if they were going to put a home on there and thinking it's kind of that odd angled lot, there's enough room for them to put a house on there and also a garage and they would have been the farthest from the parking area so gave them room to be able to put a garage on that site. A motion to send the Special Exceptions to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. "Young. The motion carried unanimously. A motion for approval of the variances was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition,the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore,the petition for Special Exceptions was sent to the Common Council with a Favorable Recommendation and the petition for variances granted. Based on the testimony presented,the Area Board of Zoning Appeals, after Careful consideration,finds the Special Exceptions sent to the Common Council with a Favorable Recommendation and the petition for variances granted will issue written Finding of Facts. 22 o45ou jrH�8�d City of South Bend Common Council 1865 441 County-City Building s 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www.southbendin.gov President October 19, 2011 Oliver J. Davis The South Bend Common Council Vice-President 4th Floor County-City Building Timothy A. Rouse South Bend, Indiana 46601 Chairperson, Committee of the Whole Re: Substitute Bill No. 11-57 �- Derek D. Dieter Dear Council Members: First District I ask each of you to join with me in sponsoring Substitute Bill No. 11-57, which I am Second District t Henry Davis, attaching for your consideration. Thomas LaFountain This Bill has been revised to focus on developing a plan of action which would is aimed at Third District attracting and leveraging financial incentives for the potential rehabilitation of the building current known as Chase Tower, which is current in receivership. Ann l'uzzello Fourth District This Bill would incorporate the goals and objectives of Citv Plan. It would promote rehabilitation plans which incorporate sustainable renovations to this building which must David Varner Fifth District reflect comprehensive leed-certified technologies. In this way, new businesses and jobs would be attracted to locate at this downtown location. Oliver J. Davis Sixth District I believe that this must be a collaborative effort of representatives of the City Administration and the Redevelopment Commission working with Common Council Al `Buddy' Kirsits representatives. Because time is of the essence, I have also incorporated a deadline of At Large November 14`h for the proposed incentive package to be unveiled at to the Common Timothy A. Rouse Council under "Special Business". At Large I look forward to discussing this with you further and to your support. Thank you. Karen L. White At Large S' rel Henry Davis, Jr., Chairperson Community Relations Committee Attachment Nil CITY CLi� — ..v.. err....,,,�.w.s..•.yw„i RESOLUTION Substitute Bill No. 11-57 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,SUPPORTING FINANCIAL INCENTIVES CONSISTENT WITH CITPPLAN WHICH WILL ATTRACT AND LEVERAGE PRIVATE INVESTORS TO PROVIDE EQUITY INVESTMENT FOR THE ECONOMIC REHABILITATION OF THE TALLEST BUILDING IN DOWNTOWN SOUTH BEND LOCATED AT 211-213 WEST WASHINGTON AND WHICH REFLECT SUSTAINABLE RENOVATIONS WHICH INCORPORATE COMPREHENSIVE LEED-CERTIFED TECHNOLGIES the Common Council of the City of South Bend, Indiana, notes that the building located at 211-213 West Washington was constructed in 1971,consists o€25-stories and is located in the heart of downtown South Bend;and the Council further notes that the property is currently subject to an"Agreed Order for Immediate Appointment of Receiver"in the St.Joseph Circuit Court;and the South Bend Common Council believes that this structure is vital to the overall viability as an integral part of the economic engine because of its key location in the county seat of St.Joseph County,Indiana;and City Plan was adopted by the South Bend Common Council with the adoption of Resolution No. 3657-06 in 2006 which specifically stressed within its "Implementation Action Plan",the need to: Expand Economic Opportunities Ensure Quality Design and Physical Development Conduct Planning and Analysis the Common Council further believes that time is of the essence,and that the City Administration and the Redevelopment Commission should develop with the Council an incentive package which will attract private investors to provide equity investment for the economic rehabilitation of the building Iocated at 211-213 West Washington, which is consistent with the goals and objectives set forth in this Resolution. Q- 4 a e d 96.,d C� as follows: Section 1. The South Bend Common Council believes that the City Administration and the Redevelopment Commission should immediately begin to collaborate with the Common Council in developing an incentive package which will attract private investors to provide equity investment for the economic rehabilitation of the building commonly known as the Chase Tower located at 211-213 West Washington in downtown South Bend. Section II. The South Bend Common Council further believes that such an incentive package should not provide any funding or other incentives which would provide for an unfair market advantage which would be inconsistent with any current legal and binding agreements which provide incentives to maintain their presence in downtown South Bend. Section 111. The South Bend Common Council believes that in addition to having such an incentive package be consistent with the goals and objectives set forth in City Plan, that such a package should also promote private capital investment in this building which would promote sustainable renovations reflecting comprehensive leed-certified technologies which would attract new business and jobs to this downtown South Bend location. Section IV. The Common Council calls upon representatives of the City Administration,the Redevelopment Commission and the Council to collaborate and report z Substitute Bill No. 11-57 Incentive Resolution for 211-213 West Washington Page 2 back to the Common Council at its November 14, 2011 Common Council meeting under "Special Business"with their action plan setting forth their proposed incentive package. Section V. Upon the adoption of this Resolution and approval by the Mayor, the Office of the City Clerk is authorized to send a copy to the members of the Redevelopment Commission post haste, so that they may begin their deliberations with the Council and City Administration's representatives. Section VI. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. D ek D. St trict Oliver Davis,6 District Henry Davis,Jr.,2n District A]"Buddy"Kirsits,At Large Thomas LaFountain,3 District Timothy A.Rouse,At Large Ann Puzzello,4"District Karen L.White,At Large Dr.David Varner,5t'District Kathy Cekanski-Farrand,Council AtVy John Voorde,City Clerk Stephen J.Luecke,Mayor of South Bend Filed in Clerk",,. CT ° [( iI z LCIIL'E gs��rx49 Cifir of South Bend a Common Council Y A 1865 441 County-City Building. 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574)235-9173 Derek D.Dieter October 19,2011 http://wwwsouthbendin.gov President Members of the South Bend Common Council Oliver J. Davis 0 Floor County-City Building Vice-President South Bend, Indiana 46601 J Timothy A. Rouse Dear Council Members: I Chairperson, Committee of the Whole We are introducing the attached resolution for your review and support. Derek D. Dieter First District On October 18,2011,Project Future Chairman of the Board of Directors,Mr.Phillip A. Newbold published a statement describing the "'Transition Plans" of Project Henry Davis,Jr. Future. Mr. Newbold clearly described a strategic paradigm shill "to focus more Second District resources on new business startups and to commercialize more of the technologies coming out of Notre Dame and Indiana University". A complete copy of Nr. Thomas LaFountain Newbold's statement is attached. Third District Ann Puzzello As you will recall, this Council unanimously passed Ordinance No. 10081-11 Fourth District revising Chapter 14,5, Article 1 of the South Bend Municipal Code. The ordinance became law on April 23,2011. David Varner Fifth District As stated in the"Statement of Purpose and Intent"in Ordinance No. 10081-11: Oliver J. Davis "...it is aimed to maximize participation and opportunities in South Sixth District Bend by facilitating networking,outreach,communication,education, training,internal accountability and employment opportunities for, Al "Buddy" TCirsits qualified MBE and WBE. It is designed to be pro-active,fair and a At Large reasonable,and in the best interest of our city". At Large Timothy A. Rouse We are also attaching a document entitled"A Proposal for the Creation of a Minority and Women Business Development Program in South Bend,Indiana". The proposal Karen L. White outlines a Minority and Women Business Development Program (MWBDP) in At Large South Bend,Indiana that is separate from,but enhances Ordinance No. 1001-11,We t seek your support and look forward to discussing this with you. S er i r� Henry r. t Cr; � � ` D'Davis,� Oliver Davis, ( 2nd District Council Member bah District Council Member x F Timothy A. Rouse Karen L.White '.; tt Council Member at Large Council Member at Large RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, SUPPORTING THE APPROPRIATION OF$179,100 FOR THE CREATION OF THE MINORITY AND WOMEN BUSINESS DEVEI 0 MENT PROGR 1%I IN SOUTH B N j INDIANA fostering new business start-ups and commercializing more of the technologies coming out of the University of Notre Dame and Indiana University South Bend is an enhanced focus ofcommunity leaders;and L%" the South Bend Common Council aims to maximize participation and opportunities in the City of South Bend by facilitating networking, outreach, communication, education,training,internal accountability and employment opportunities for all of the residents of South Bend,Indiana;and 4" the South Bend Common Council embraces programs designed to be pro-active, fair and a reasonable mechanism;and the South Bend Common Council believes such programs to be reasonable,and in the best interest of our City. 6s.t 6yofe elyCoie�iCyg��.rrpE��,.d,tg„ „�as follows: Section I. The South Bend Common Council recognizes Sallie and Associates for the document entitled "A Proposal for the Creation of Minority and Women Business Development Program(MWBD)in South Bend,Indiana". Section II. It is hereby found that financing the MWBD Program is in the economic interest of the City of South Bend,Indiana. Section III. The MWBD Program will enhance the growth and expansion of minority and women-owned business enterprises in South Bend,Indiana,and will enhance the quality of life of all city residents. Section IV. Upon the adoption of the resolution by the South Bend Common Council the potential source(s)of revenues to fund the program will be discussed by the Council and the City Administration; and the Director of Public Works and the City Controller will be consulted on vendor/supplier for the program. Section V. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Henry Davis,Jr.,2" District Oliver Davis,5" District Timothy A.Rouse,At Large Karen L.White,At Large 09A W.- �' � .47 , John Voorde,City Clerk Stephen J.Luecke,Mayor of South Bend F11ed ill C le,sk V Q T f OCT ..C ZUli II1 _ _ t ci•3'yct,er��t,scu7fs t�etvts,t,•i To:Project Future Board of Directors From:Philip A.Newbold,Chairman Re:Transition Plans Nearly 30 years ago,a small dedicated group of concerned community leaders gathered to better organize and dramatically improve the community's economic future.Project Future was launched and over the past three decades has been tirelessly working to attract and create jobs and improve the economic well being of the area. As technology and globalization have changed all our daily lives and our economy,we are faced with significant changes which require a more regional and more technology based future.Whereas Project Future has spent a great deal of its successful efforts on attracting new businesses to the community and helping existing businesses expand and grow,it now seems more strategic to focus more of our resources on new business startups and to commercialize more of the technologies coming out of Notre Dame and Indiana University. The biggest transition is to announce that Pat McMahon,our talented Executive Director,will be focusing the majority of his time in an expanded role that has evolved from the Michiana Technology Connection(MTC) evaluation and planning exercise.Pat will focus on several of the MTC's strategic recommendations,working to create stronger bridges between Notre Dame's expanding research centers and our communities.Pat will report directly to Bob Bernhard,Vice President of Research,as Notre Dame takes steps to enhance its capacity to support the transformation of new concepts and big ideas into new ventures and expanding businesses. Pat will also spent a portion of his time assisting in the transition of our traditional economic development activities into a combined regional/local structure.Pat played a strong role over the past two years with several regional development professionals to create a platform for a larger,multi-county marketing umbrella.His "second"job will be to assist in the evolution of strong local initiatives that will work closely with these regional partners. The Executive Committee of Project Future has been Quietly working with the Chamber of Commerce of St. Joseph County to explore how to best position the county and the region for growth over the next decade.A small group of Project Future Board members will be working with the Chamber to develop a more coordinated and expanded role around business retention,attraction and growth for South Bend,Mishawaka and St.Joseph County,and how those activities complement regional efforts.More details will emerge over the next several weeks as we better define roles,responsibilities,funding needs,and leadership. Finally,there are two new organizations that are also active and critically important to our regional economic development future.Jump Start has recently developed a new Regional Economic Assistance Plan(REAP)and the Corporate Partnership for.Economic Growth(CPEG)will help coordinate,focus and accelerate economic development across a seven county region of north central Indiana and southwest Michigan. What is clear is that we continue to need your longstanding leadership and financial support.Project Future has been the envy across the state of the private,public and nonprofit partnership that has enabled the area to be successful and work together.As we enter this new transition phase,we will continue to pravide new details on our plans and leadership as they emerge.Thank you again for your unwavering support of Project Future and we look forward to a stronger and more vibrant economic future, �8 pp __.......... ..._. .._.. R r,� Table of Contents Minority and Women Business Development Program Proposal Page Historical overview 3-5 Executive Summary 5 Statistics and Trends G Proposal 7_8 Msuagetnent and Staffing 9 Budget 10 In the wake of omr changing economy,moving f om an industrial manufactunng base to a sermr economy,an increasingly large ummber of minon4es who ham not baen able to expand with the economy have been left behind. Dr.Cbarks CraV Economics Professor, University afNotty Dame 1,090 Z This Proposal was compiled and created by Sallie and Associates—saffieanociatcs@aol.com Historical Ovcntiem • October 1987 the city of South Bend adopts Affirmative Action Ordinance#7811-87 • November of 1987,under the direction of Chamber President Stephen Quieor,the Chamber of Commerce of St Joseph County held a board retreat and included on the agenda was the topic of a county-wade minority business development initiative. A Task Force of nine Chamber board members was created to undertake a needs-based study and present their findings to Chamber leadership. The Task Force included Gene Bruce,Carl Ellison,Hollis Hughes,Debra Kelly-Walsh,John Phair,Rick Rice,Ben Tyler,Robert Watkins,and fames Wyllie. • July 1988 a survey was created by the Task Force and mailed by the Chamber to a list of seventeen(17)minority owned businesses licensed in St Joseph County, • February 1989 a report and)five recommendations from the Task Force were presented at a Chamber board meeting. The five recommendations included: 1. Entrepreneurial education,counseling and mentoring 2. Access to affordable credit and capital, 3. Inclusion in government procurement opportunities; 4. Opportunities to bid on jobs and contracts as a primary contractor or subcontractor with major companies and organizations. 5. Access to skilled,motivated workers. • March 1989 Chamber organizes meetings with South Bend Mayor,Joseph Kernan and Mishawaka Mayor,Robert Beutter to discuss the benefits of a minority business development program and to garner their support • May 1989 the Chamber President sends a proposal,supported by both mayor's Kernan and Beutter,to the Small Business Administration(SBA)for management and technical assistance. • December 1989 the SBA rejects the Chamber's proposaL • December 1989 the Chamber is granted Neighborhood Assistance program(NAP)*credits in the amount of$20,000 to be used for the creation of a minority business development program. "The Neighborhood Assistance Pmgram(NAP)was created to provide 501(c)5 or 501(c)4 not-for-profit oigmizations with a tool to increase charitable contributions,expand their donor base and achieve a higher level of self-sufficiency.Additionally,the program strives to provide art incentive for citizens to improve the standard of living and quality of life fur those less fortunate in their community. ® May 19"a chartered agreement for the creation of a Minority Business Development Council(MBDC)is signed and charter members are appointed. 3 This propopal was compiled and created by Sallie and Associates—uffieassocktes@aot.com • 'MY 1996 a full time staff person is hired by the Chamber to work with the Council to develop organizational structure,mission,goals,a thtec-year program of work,budget, marketing plan and fund raising strategies. 6 April 1992 the staff person is replaced with a minority business development consultant to restaicture and complete development of the organization,raise funds,identify and income minority business participation. o April 1992-May 2006 the organization identifies and assists over 300 minority business owners,provides frw entrepreneutW education and counseling,assists with lieeasiug,tax filing sad state government certification. Women owned businesses are added to its mission; over$100,000 for operating funds ate raised annually;a part-time staff person is added in 1999 and a balanced budget is maintained. Funding is raised primarily through corporate and government sponsorships and trade show booth rentals(68%),the annual Martin Luther King,Jr.Breakfast(12 0/6),ads and sales of minority business dimaoties(5°/a)and nominal fees for writing business plans(15%).The name is changed to Minority and Women Business Development Council(MWBDC)in 1997. • January 2000 after organizational restructuring and belt tightening at the Chamber,the Chamber discontinues all MWBDC financial support(;10,000 annually)and increases MWBDC office space rent by 10 percent(from$7,200 a year to$7,920). Latex that year,the MBDC charter and responsibilities are assumed by the Urban Enterprise Association(UFA) and the MWBDC office is moved and co located with the Small Business Development Center. The minority business consultant is hired by the UEA and continues to manage the MWBDC. • 2000-2006 funding for the MWBDC becomes increasingly difficult as the number of nonprofit organizations and charitable causes in the community grows. Long time sponsors reduce or reallocate dollars previously committed to minority and women business development in their charitable budgets. MWBDC expenses increase along with cost of living. The economy begins to lag and companies and organizations who have been supportive in previous years are themselves experiencing economic challenges and some are bought by larger organizations with locations and affinity interests outside of St.,Joseph County Cie.nationally owned banks and other financial institutions). The MWBDC part- time staff person position is eliminated in 2004 and the number of weekly counseling classes are reduced in an effort to operate within the budget. O May 2005 MWBDC programs discontinue and its counseling services are assumed by the Small Business Development Centex. The annual directory is discontinued and the Martin Luther King,Jr.Annual Breakfast is undertaken by the local Martin Luther King Foundation. ® November 8,2010 at a South Bend Common Council meeting under the Privilege of the Floor,Mr.Joseph Tillman 5habazz voiced concerns regarding the lack of enforcement of SSMC Chapter 14.5 entitled"Affirm ti ve Action Procedures". Council President,Derek Dieter assigned the topic to Council Member Tint Rouse. 4 This proposal was compiled and created by Sallie and.Associates—sallieassociatcs@aoLcom o December 8,2010 Bill 486-10 is filed with the Office of the City Clerk—sponsored by Council Members Tim Rouse,Derek Dieter,Karen White and Henry Davis,Jr: On December 13,2010,Bill#86-10 received a first reading and was referred to the Community Economic Development Committee for review and recommendation and set for second and third readings on January 10,2011. ® AprO 23,2M Bill#86-10 was passed unanimously and became law as 10081-11. Executive 5umma<e South Bend's changing economy,moving from an industrial manufacturing base to primarily a service economy,resulted in a growing number of socially and economically disadvantaged individuals who lacked the skills and training to shove into semce industry jobs being left behind. Many were forced to accept lower paying jobs to help augment the limited social services available to help them subsist.A frequent response to unemployment and dislocation of workers is for these individuals to attempt to start their own business. Black and Hispanic/Latino Americans are the primary constituents of this challenged group within South Bend. Many minorities simply desire the opportunity to participate in the free enterprise system,to develop their business ideas,to be their own bosses,and to attempt to succeed in it society that they perceive to be biased Numerous obstacles have prevented more minority owned companies from being created and becoming successful. Although most minotities have gone into business to obtain financial security,they often lack the tools,capital and informational resources needed to meet their goals. Most are less prepared„with less capacity and are overall less competitive. They lack access to opportunity,access to technical assistance and access to capital Today's competitive business environment demands suppliers have size,scale acid reach There are still very few minority firms in South Bend that have this combination of characteristics. Most are categorized as mictoenterprises. A microentetprise is a small business that will usually operate with fewer than 10 people and is started with a small amount of capital Most microcnterprises specialize in providing goods or services for their local areas.There are an estimated two million micro-entrepreneurs in the United States today,offering a variety of services and products from home-based day or elder care,auto repair,beauty and barber shops to specialty foods. In their June 2010 Benchmarking South Bend report,Karl King and John Roos state that Entrepreneut.com"2006 Hot Cities for Entrepreneurs"ranks South.]Bend among the lowest Indiana cities compared to all the Indiana Benchmark Metro's and all of the National Benchmark Metro's in all the categories. Those categories include:Overall Entrepreneurial Activity hank, Young Comfy Rank,Rapid Growth Rank,annual rate of business startups,annual rate of business closings,business churn rate,and enttepreneurial value added to the community. While King and Roos did not include rankings related to minority businesses in their report,additional 5 This proposal was compiled and created by Sale and Associates—ssnieassociates@aol.com Entrepireneur.com data and Black Enlaprin magazine research data also show that South Bend ranks among the lowest in Indiana and nationally in the number of minority owned businesses and minority business start-ups as well. The King and Roos'Benchmatking South Bend document also reports that South Bend's prune working age population,weighted workforce education index and talent index are all less than the U.S,average."It is reasonable to surmise that labor force deficiencies are the disadvantage which causes the region's shift share to be negative",according to the report. Just h'ke their white counterparts,many minority college graduates choose to leave the community to start a career or new business venture because they do not see opportunity in South Bend. A report titled`Winority Participation in Indiana's Strategic Economic Development Planning Process"released by the U.S.Department of Commerce Minority Business Development Agency reflects similar problems throughout the state. The report states that through a sampling study of 2,500 Indiana businesses identifying themselves in census reports as either African American or Hispanic/Latino,an overwhelming majority(671/6)did not know of state agencies or stage directives that provide assistance for minonty owned businesses. It can be surmised that because of this lack of knowledge,many business owners who could benefit from the assistance provided by minority business development programs are not as equipped as they might be to reach their goals and become successful. Statistics and Trends Minority Business Ownership:In 1990,nationally there were 1.2 million minority owned firms with gross receipts of just under$73 billion. This was an increase of 67 percent in the number of firms and 127 percent in gross receipts over the year 1982. According to the 2010 Economic Census Survey of Business Owners,there were nationally 1.1 million minority owned firms with gross receipts of just over$69 billion. This shows a significant decline in both the number of businesses and their financial stability. Comparison to all U.S.Firms:Minority owned forms accounted for almost 9 percent of the total number of individual proprietorships,partnerships and subchapter S corporations in the U.S.and ahnost 4 percent of their gross receipts in 1990. In 2010 those numbers changed to 7.7 percent of the total number of individual proprietorships,partnerships and subchapter S corporations and 2.8 percent of their gross receipts. Industry Characteristics:Minority owned firms,like all U.S.firms,are concentrated in the service industries. These industries account for 46 percent of the minority owned firms and 28 percent of their receipts compared to 43 percent of all U.S.firms and 21 percent of their receipts. Retail trade has the next largest share with 19 percent of the minority owned firms and 35 percent of their receipts. Retail trade accounts for 16 percent of all U.S.firms and 27 percent of their receipts. Indiana Minority Firms:In 1990 there were 5,867 minority owned firms in Indiana,with the greatest number(3,014)in services and the next largest group(1,782)in retail trade. The remaining 1,071 were in manufactimring and other industties. St.Joseph County Minority Firms: 1990 census data showed 278 St.Joseph County minority owned firms with business cabegory concentrations mirroring those of the state. In 2010,business census 6 Tiais proposal was compiled and created by Sallie and Associates—sallieassociates®aotcomi data shows 63 finnA primarily in the service industry with 499 employees. Many minority owned firths are not listed in government or business records due to a lack of formal licensing and registration. This is sometimes due to distrust or not having proper resident status.Census data released for 2000 and 2010 does not provide speck information or numbers concerning minority businesses. Implications:The relatively small and diminishing local minority and women owned business base severely limits many positive influences on our community,including economic development,local hiring,capital investment,neighborhood stabilization,less unemployment,broadening of the tax base and reduction of povetty and its negative spin-off effects. Even though many are fledgling at best,local microenterprises exist because they are a provers way to earn extra income to supplement household incomes. Microenterprise helps immigrants and refugees have sustainable income in cases where they lack the necessary certifications,licenses,language skills,or networks to .find professional jobs for which they,in their own countries,may be qualified. For many people with lower incomes,microenterpr se provides the opportunity for individuals to develop their talents and skills and use theta to improve their financial wellbeing. Earlier this year the city began plans for a diversity development program which would in part promote equal opportunity,diversity and inclusion for minority and women business enterprises; assist,promote,monitor and enforce MBE/WBE programs;and to encourage participation of MBE/WBE enterprises in city contracts. This effort is quite significant and very much needed as a means to help address South Bend's slow economic recovery,joblessness,and the numerous challenges faced by minority and women owned business enterprises. The following proposal supports the city's diversity development efforts. Its focus and purpose is minority and women business development,but it is not intended to exclude other small businesses in St.Joseph County. Any small business located within the county would be eligible to seek and receive assistance. P This proposal outlines a Minority and Women Business Development Program(MWBDP)in South Bend,Indiana in support of Ordinance 10081-011 City of South Bend Diversity Development Program.The purpose of this program is to enhance the growth and expansion of minority and women owned business enterprises in South Bend,Indiana through the promotion and advocacy of equal opportunity,provision of education and information services,technical assistance,and start-up and expansion capital through small grant opportunities. The MWBDP will also serve as a resource for state and regional supplier diversity programs. Services as outlined in the city's Diversity Development Program under Ordinance 10081-011 would be provided by contract.Management,scope of work and services provided would be contracted by the City with a local entity experienced and knowledgeable about minority and women business development challenges and assistance programs. The contractor would be responsible for administering the programs,services and other activities. An annual operating budget would be i 7 This pmpoaal was compiled and created by Sallie and Associates—,$Aeassociam@Qol.com prepared collaboratively with the City Controller and the Connector for approval by the Common Council. The city will act as budget administrator.An Advisory Board as proposed by the city consisting of Common Council,Mayoral and County Council appointees would serve in an advisory and ambassadorial capacity.The board would also assist m the development and monitoring of an Minority Business Enterprise and Women Business Enterprise(MBE/WBE) utilization plan. A draft start-up budget for the first year is included in this proposal and proposes that the MWM3P office is accessible and centrally located near downtown South Bend. The program's managers and advisors will recognize the importance of not duplicating existing services.The MWBDP will be designed to proactively provide important and valuable information and assistance that does not duplicate services already provided by others.Through collaboration and partnerships with area economic and business development programs and educational institutions,the MWBDP will serve as a clearing house that will provide helpful,comprehensive and stream-lined information to existing and new minority and women business owners. As appropriate, business start-ups and fledgling business owners will be referred to local,state and federal programs, agencies and organizations who can help them get started,grow and snake tough decisions about their future. In addition,the MWBDP will actively recruit and assist in the creation of minority and women owned companies of size,scale and capacity who can become involved in area innovation initiatives;such as those at Ignition and Innovation Parks. In support of the City's Comprehensive City Plan defined in Bill 10081-11,the MWBDP will support and promote entrepreneurial.efforts linked to emerging markets,high technology,and research and development This proposal augments the Iegislative intent of Biff 7811-87 and provides structure for 10081-11by actively pursuing opportunities to strengthen MBE/WBE business development beyond,but inclusive of city contracts. The primary goal of the MWBDP will be to assist the city in fulfilling the intent of and reaching its diversity development goals and assist minority and women business entrepreneurs by. • Managing the city's Diversity Development Program • Serving as a minority and women business development information and referral source ® Assisting MBEs/WBEs with business plan creation ® Creating partnerships for strategic business consulting and mentoring services • Making capital access referrals • Facilitating procurement matchmaking • Referring bonding and certification services assistance • Showcasing MBE/WBE services and products through an online minority business directory The MWBDP will partner with and support die efforts of community,neighborhood,faith-based, and business organizations to stimulate and promote successful neighborhood-based businesses. All minority and women owned businesses in St Joseph County will be encouraged to complete applications to become licensed,and made aware of the benefits of becoming certified as a minority business entity. By receiving their business license,they will not only allow their business to be counted and recognized as a legitimate business concern,they will also be recognized as valuable 8 This proposal was compiled and created by Sallie and Associates—salfieassociams&ol.com assets to the city and state.Additionally,after receiving Minority Business Enterprise Certification, minority businesses who qualify will gain access to government contracts and special small business grants such as those offered by the University of Notre Dame Gigot Center. A successful Minority Business Development Program well enable the city to take the lead in establishing Wmatives that will encourage and enhance the community's existing and future minority and women owned businesses. The success of these businesses will provide numerous economic development benefits and reflect positively on our Woad Class city, l4facM9gnteret This proposed Minority and Women Business Development Program would operate under the auspices and monitoring of the City of South Bend. It would fulfill the mission and vision of the City of South Bend Diversity Development Program. A contract with an experienced business consultant would be implemented by the city and the consultant would be responsible for start-up,management and coordination of the program. The consultant would work with the city's Department of Economic and Community Development to create program goals,bencht=ks and a work plan.Additional business experts and area college business students would provide business plan writing and technical assistance services. The Minority Business Development Program office would maintain regular business hours. part- time staff augmented by college student interns would provide infortnation and referrals to appropriate business assistance programs and appointment scheduling. "Duadvaruaged houteho/dr beara dlspraporhonate(bare of the economic acrd mural cast of the ietdarhW ruftwtxrYj'q that it ocirar�ir�in Saxih&nd and other rrut--belt U,S cities Disadoantaged hauseboldr are expected to udusJ to deindrutriali�atlon acrdxsreraers economic expansion even though they do not bane the labor market assets and nmurwr xesesrmy to do m,andia the absener of adegxafe targetrd arsutanro will often be xnsuccestfuL"Dr.Charkr Crppo,Economics Professor,Urttctrsity of Notre Dame,quote from hupaper on Industrial Resirxctuniv axd ibe IF rks'ng Poorin aMsdmest lI S.Faaary 7 omn— '9pri!9991 This proposal was compiled and created by Sa&and Associates—saDieassodates(Qa aol.com 9 Bit 6Lrart-nn yveac� Revenue City Funding-a $149,000 Sponsorships: Corporate contributions-b 20,100 Grants-c 10,000 Total $179,100 Expenses Office space-d $14,800 Office equipment and furnishings-e $22,800 Operating implies-f $ 3,500 Printing&postage-8 $ 5,000 Consultants-h $ 80,000 Staff-part-time-i $ 30,000 Travel (mileage)-l # 6,000 Conferences&Training-k $ 5,000 Communications package-E $ 12,000 marketing-m $ 2,000 Total $179,100 Notes: , a-City of South Bend funding is regtwsted to assist in the start up and support of a Minority and Women Business Development Program. 714 funding may possibly be obtained through designating a portion of the AJ Wright Tax Abatement annual fee. The original intent of job creation could be achieved through redirecting funds to the Minority and Women Business Development Program. b-Corporate and organization sponsorships would be actively pursued and that will allow them the opportunity to express their support of this program. c—Grant applications will be submitted to appropriate local,state and federal grant programs. d-Highly visible office space for the MWBDP near downtown South Bend e-Office equipment and furniture purchase or rentaL f—Office operating supplies and materials. g—Printing of stationery and informational materials.Postage for program mailings. h—Consultant and contractor fees for overall program management,business plan writing,meutoting and new business recruitment. i- Part time staff will be hired to assist with research,the flow of pertinent information to businesses, referrals to collaborative agencies and scheduling. Part-time staff will be augmented with student interns from area business school programs and will be paid an hourly stipend j- Business related mileage and travel expenses. k-State-wide minority business development conferences and meeting fees;and participation in the Chamber of Commerce of St,Joseph County's Business Expo. 1-Office telephone,interact service and web development. m-Marketing of program and services. This proposal was compiled and created by Sallee and Associates—salbeassoc4tes@ao3_com 10 SOUTR 1200 COLIN'iY-C=BmD1NC ��"� NONE 574/235-9371 2.27 W JEFFERSON BOu LF-vARD \� �\ i� FAx 5741235-9021 Soinii BEND,INDIANA 46601-1830 ■ If 1865 CITY OF SouTH BEND STEPHEN J. LuECK-, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUi m DIRECTOR November 4, 2011 South Bend Common Council Fourth Floor Council Chambers 400 County City Building South Bend, IN 46601 Re: Resolution Authorizing South Bend's Participation in the Indiana Abandoned Landfill Initiative Coalition Dear Council Members: The attached resolution for your consideration and approval will authorize the City of South Bend to participate in the Indiana Finance Authority Abandoned Landfill Initiative Coalition (Coalition) for purposes of submission of a Brownfields Assessment Grant application to the United States Environmental Protection Agency. The Coalition intends to submit an application for a $1,000,000 Assessment Grant to assess abandoned landfills at various locations throughout the State of Indiana. The application is due at EPA by November 28th. If the grant is approved all of the work would be conducted by the Indiana Finance Authority through the Indiana Brownfield Program. South Bend would not receive any grant funds or be responsible for grant administration. However, as a member of the coalition, South Bend sites would be given priority for assessment work. Any property being assessed with grant funds would need to meet all EPA eligibility requirements. I will attend the Council meeting on November 14th. Please contact me at 235-9374 or at akolataLeysouth bend in.gov if you have any questions. Sincerely, Filed in Cferky.s -q, ENOV Ann E. Kolata Senior Redevelopment Specialist ClS�°CLE�K BOOR®EN 4=` CoMMUNny DEVELOPMENT EcoNomic DEVELOPMENT" FINANCIAL&PROCRAM PAMELA C.MEYER DoNALA E.INKS MANAGEMENT 5741235-9660 574/235-9371 ELIZABETH LEONARD FAX: 5741235-9469 574/235-9371 ., RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND TO PARTICIPATE IN THE INDIANA FINANCE AUTHORITY ABANDONED LANDFILL INITIATIVE COALITION FOR THE PURPOSE OF SUBMITTING AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELDS COMMUNITY- WIDE ASSESSMENT GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for brownfield revitalization, including grants for community-wide site assessments; and WHEREAS, the Indiana Finance Authority Abandoned Landfill Initiative Coalition (Coalition) intends to request a $1,000,000 Brownfields Assessment Grant for assessment of former landfills within the State of Indiana; and WHEREAS, the City of South Bend has been asked to be a member of the Coalition in order to address abandoned landfills in South Bend; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate individual to represent South Bend in this Coalition. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. That the Mayor of the City of South Bend, Indiana, is hereby authorized to represent the City of South Bend in the Coalition and the Coalition's application to the United States Environmental Protection Agency for a $1,000,000 Brownfields Assessment Grant and to execute all documents related to any grant awarded. SECTION 11. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Coalition's application submitted to the United States Environmental Protection Agency. SECTION Ill. 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Greenleaf Ln South Bend IN 46619 F LN South Bend IN 46619 KEEN 4931 W 018-4443- LEONARD I4931 W, WASHINGT 10 5623 S. dlVashington South Bend IN 46619 ON ST South Bend IN 46619 4925 W ffll $4143- WADE 4925 W WASHINGT 24 ARIETTA Washington South Bend IN 46619 ON ST South Send W 46619 GARCIA J REFUGIO AND DIAZ 4919 4919 018-4143- MOTA Washington WASHINGT 12 5625 LpRENA Street ISouth Bend IIN 46619 ON STREET South Bend 1N 46619 WLODAREK 4913 W 018-4143- KAY A IA 4913 W WASHINGT 13 5626 KUHL E KAY Washington South Bend IN 46619 ON ST South Bend IN 46619 HOREK 5016 018-4144- KEVIN J& 5016 GREENLEA 14 5634 JODIE A Greenleaf Ln South Bend IN 46619 F LN South Bend IN 46619 NIESPODZI ANY JAMES 5010 018-4144 A AND 5010 GREENLEA 15 5633 ESTHER J Greenleaf Ln South Bend IN 46619 F LN South Bend IN 46619 BUCKINGHA M LEVESTER JR AND LUE 5003 W 5003 W BUCKINGHA Washington WASHINGT 16 1,018-4143- 622 MMISC St South Bend IN 46619 ON ST South Bend IN 1 46619 AGNEW ROSEMARY 20058 4901 018-4144- &LARK JVVedgewood GREENLEA 175664 ROBERT Drive South Bend I I 46637 F LN South Bend IIN 46619 5030 5030 018-4149- GARCIA Cedarwood CEDARWOO 18 5736 RAFAEL lLn south Bend I 1 46619 D South Send IN 46619 HILDABRIDL E JERRY L 5002 0184149- AND JANICE 6rwood CEDARWOO 15 5733 M South Bend IN I 46619 D LN South Bend IN 46618 YY Yr h1T U I Q-4 144- O�S f C!J 1 i 45 N 20 5665 TERRY A Summit Dr South Bend IN 46619 145 SUMMIT FBend 46619 MADIGAN 5014 5014 018-4149- DANIEL P& Cedarwood CEDARWOO 21 5734 JODY M Ln South Bend IN 46619 D LN 46619 WADLEY 117S 018-4149- EZEKIEL& 117S. BELLWOOD 2215754 BARBARA Bellwood Dr. South Bend IN 46628 DR 46628 5001 LDN 078-4149- VARGO Cedarwood WOO 23 5753 RICKY Ln South Bend IN 4661 South Bend IN 46619 BONNER WILLIAM 5017 5017 F5752-4149- AND Cedarwood CEDARWOO [24 MAXINE 0 Ln South Bend 1I1\1 46619 D LN South Bend IN 46619 MCCULLOU 5001 5001 018-4144- GH DONNA Greenleaf GREENLEA 25 5661 M Lane South Bend IN 466191F LN South Bend IN 46619 BAKER ROY 4923 018-4144- E JR AND 4923 GREENLEA 26 5662 IMARLENE F Greenleaf Ln South Bend IN 46619 F LN South Bend IN 46619 BOSTEDT RAYMOND 4915 018-4144- W,AND 1458 GREENLEA 27 5663 LAUREEN Summit Or South Bend IN 46619 F LN South Bend IN 46619 BIGGS 5020 5020 018-4149- RYAN G& Cedarwood CEDARWOO 28 5735 JENNIFER A Dr South Bend IN 4661 9 D LN South Bend IN 46619 018-4149- JOHNSON 114 N 114 SUMMIT 29 5755 NATHANIEL Summit Dr South Bend IN 46619 DR South Bend IN 46619 5 STAR INVESTMEN 018-4146- T GROUP ill 101 30 5700 LLC PO Box 706 Middlebury IN 46540 PARKWOOD South Bend IN 46619 VERSTRAET E DAVID A 018-4149- AND CAROL 120 N 120 SUMMIT 31 5756 J Summit Or South Bend IN 46619 DR South Bend IN 46619 JAMES 018-4149- ANDRE& 126 N 126 SUMMIT 32 575601 TAMARA Summit Dr South Bend IN 46619 DR South Bend IN 46619 FEDERAL HOME LOAN MORTGAGE 018-4146- CORPORATI 5000 Plano 115 33 5701 OP: Pny..y '"a„ollton Tv 75010 P6,RKtf?000 So!.tth Rend rty 40628 ORTIZ FRANCISCO & UVALLES MARIA DEJESUS, JOINT 018-4146- TENANTS 429S 123 34 5702 ROS Walnut St South Bend IN 46619 PARKWOOD South Bend IN 46619 SOUTH BEND COMMUNIT 215 SOUTH 018-4129- Y SCHOOL ST JOSEPH 18 VAC LOT 35 504304 CORP ST South Bend PN 46601 24 AC MAIN South Bend IN 46624 (bed in I GIG? 3 JOHN t:�o;;1pD s()UTH City of South Bend Common Council 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://wwwsouthben".gov President ti Oliver J. Davis l Vice-President November 3, 2011 Timothy A. Rouse Chairperson, Committee Members of the South Bend Common Council of the Whole 4t'Floor County-City Building Derek D. Dieter South Bend, Indiana 46601 First District Re: 2012 Salary Ordinance for the South Bend Common Council Henry Davis, Jr. Second District Dear Council Members: Thomas LaFountain The attached ordinance would establish salaries for members of the Third District Common Council for the 2012 calendar year. Ann PuZzello Council salaries have been frozen for four (4) years, with the last increase Fourth District being approved when Ordinance No. 9449-03 was passed on September 3, David Varner 2003. Fifth District It is my understanding the separate ordinances establishing the maximum Oliver J, Davis salary for the Mayor and the maximum salary for the City Clerk are also Sixth District being filed. All proposed increases for South Bend City elected officials represent a 2% increase. The dollar amount increase for a Council A, Largely" IGrsits Member would be $340. It is my further understanding that all elected At barge official salary ordinances would be sent to the Council's Personnel and timothy A. Rouse Finance Committee for review and discussion. I seek your support of this 4r Large recommendation. Thank you. Caren L. White SincerelY)a ,�] kt Large D erek D. Dieter Council President South Bend Common Council lediri Attachment ri a cc: Office of the City Clerk w. �I Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR , 2012 STATEMENT OF PURPOSE AND IN'T'ENT' Indiana Code § 36-4-7-2 sets forth the governing law for the City legislative body to "fix the annual compensation of all elected officials". The law provides in part that 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 last increase for the salaries of members of the South Bend Common Council was in calendar year 2007 when a 1.75% increase representing $291. The Council Members salaries have been frozen since 2007. The following ordinance sets forth a two percent increase for the Common Council for the 2012 calendar year. C?l our, 4, by the Common Council of the City of South Bend, Indiana, as follows: Section 1. 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 2012 Salary $16,898 $17,238 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 Wmuk may, John Voorde, City lerk ` "" ` ,Y'B� c�Y + �P '�' y COP Wa �. 2012 South Bend Council Salary Ordinance Page 2 by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock .m. Office of the City Clerk CaSfiv��!a�ua!J+ �an by me on the day of 2011, at o 'clock M. Stephen J. Luecke Mayor of the City of South Bend, Indiana Fled. in 1 sf READING t PUBLIC HEARING ~' ] � 3 rd REAMNG NOT APPROVED �.w...� ..�,._.....,...: .. REFERRED CITYC::LF?f'<i; _... PASSED Soy TH� \i ACE/ a it a 2865 Office of the City Clerk John Voorde, City Clerk November 9, 2011 Honorable Derek D. Dieter, President South Bend Common Council 227 W. Jefferson Blvd. South Bend, Indiana 46601 Re: 2012 City Clerk Salary Ordinance Dear President Dieter: Attached for your consideration is the 2012 salary ordinance fixing compensation for the South Bend City Clerk. This annual filing is prescribed by Indiana State Law. The salary requested represents a 2% increase from last year. Your favorable consideration is requested. Thank You. Tefuily, oorde erk 455 County-City Building.227 W.Jefferson Blvd Soutb Bend, Indiana 46601 574/235-9221 . Fax 574/235-9173 Mary Beth Wisniewski Janice Talboom Kareemah Fowler Chief Deputy Deputy Ordinance Violation Clerk ORDINANCE NO. DILL 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 2012 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. 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. r—)4 j*,, Xe d ojd.iywd by the Common Council of the City of South Bend, Indiana, as follows: Section 1. The annual compensation for the City Clerk of the city of South Bend, Indiana, for calendar year 2012 shall be and hereby is established at$54,938.00. 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 tt 1 5 { NO V- _ 7 2 0 1 2012 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 , 2011 at o'clock . m. Office of the City Clerk r�� z�nt,!rr�zr�!rr ozr%r/ by me on the day of , 2011 at o'clock .171. Stephen J. Luecke Mayor of the City of South Bend, Indiana Off i- Filed In Clem"s AX 1,t READiIJG NV Q z "1 I PUBLIC }SEARING 3 rd READING NOT APPROVED ,,11'�1,11st tia�+„��+ci»f'�'-. CITYCLER ,SOUTH SEND,1� REFERRED PASSED B ARNJ1 S&TH0RN8URG LLP 600 Ist Source Bank Center 100 North Michigan South Bend,IN 46601-1632 U.S.A. (574)233-1171 Philip J.Faccenda,Jr. Fax(574)237-1125 (574)237-1148 philip.faccendagbtlaw.com www.bdaw.corn November 8, 2011 HAND DELIVERED Mr. John Voorde Clerk of the City of South Bend 455 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Re: City of South Bend, Indiana Waterworks Revenue Bonds of 2012 Dear Mr. Voorde: Enclosed for filing are multiple copies of the Ordinance for the above-referenced City of South Bend, Indiana Waterworks Revenue Bonds of 2012 for financing waterworks projects in the City of South Bend as described in the Ordinance for first reading before the Common Council on November 14, 2011 and second reading on November 28, 2011. Please return a file- stamped copy to my attention. We have also enclosed a Memorandum from Dave Tungate to the Common Council providing further explanation of the projects to be financed by the Bonds. Please call me with any questions you may have. Very truly yours, BARNES & THORNBURG LLP Philip J. Faccenda, Jr. r m Filed In Clerk',. . °'% mot PJF:ske Enclosures ' cc: John E. Broden, Esq. (w/enc.) NOV 08, HI l I Mr. Gregg D. Zientara(w/ene.) _ t Mr. David E. Tungate (w lent.) JOHN�,oo�-i„ SBDS02 PFACCENDA 426080v1 CITY CLERK, 0,y ° RM01y� Adant�.t Chic"Igo Delaw'lre Indi"111a Los Angeles Michigan Minneapolis Ohio Washington,D.C. ORDINANCE NO. An Ordinance of the Common Council of the City of South Bend, Indiana, Concerning the Construction of Improvements to the Municipal Waterworks of the City of South Bend, Indiana; Authorizing the Issuance of revenue Bonds for such Purpose in the Principal Amount not to exceed Eight Million Three Hundred Thousand ($8,300,000); Addressing Other Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds; and Repealing Ordinances Inconsistent Herewith STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City") has heretofore established, constructed and financed a municipal waterworks and now owns and operates said works pursuant to I.C. 8-1.5, as amended, and other applicable laws (together, the "Act"). The City's Municipal Waterworks Utility is subject to the authority and regulation of the Indiana Utility Regulatory Commission ("IURC") and has not withdrawn from the IURC's authority and regulation. The City will receive IURC approval prior to issuance of the 2012 Bonds (as hereinafter defined). The Common Council of the City (the "Council") now finds that certain improvements to said works are necessary; and that plans, specifications and estimates have been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully on Exhibit A) (the "Project"), which plans and specifications or other pertinent information have been or in a timely fashion will be submitted to all government authorities having jurisdiction, particularly the Indiana Department of Environmental Management ("IDEM"), if and to the extent IDEM approval is required under Indiana law, and have been or will be approved by the aforesaid government authorities and are hereby incorporated herein by reference and open for inspection at the office of the clerk of the City as required by law. The City has obtained engineer's estimates of the costs for the construction of the Project, and on the basis of said estimates, the estimated cost of the Project, including incidental expenses, will not exceed the amount of$8,300,000. The City's Department of Waterworks has prepared preliminary descriptions, specifications and estimates of the costs of the Project and, on or about November 21, 2011, the City's Board of Public Works (the "Board") adopted resolutions whereby they: (i) determined that the Project and the issuance of bonds to provide financing of the Project, together with expenses incidental thereto, are necessary and will be of general benefit to the City and its citizens; (ii) approved the Project and the issuance of the City of South Bend, Indiana Waterworks Revenue Bonds of 2012, in an aggregate principal amount not to exceed $8,300,000, subject to approval and proper action by this Common Council, (iii) recommended to the Council that such bonds be issued, and that the proceeds of such bonds (together with any investment earnings thereon) be applied to the payment of the costs of the Project, together with expenses incidental thereto, including expenses in connection with the issuance of such bonds; and (iv) approved the substantially final form of this ordinance and recommended to the Council the adoption of this ordinance, which sets forth the terms and conditions of the bonds to be issued hereunder. The Council finds that there are not available sufficient funds of the works to construct the Project, and that revenue bonds shall be issued to pay for costs of the Project, including incidental expenses. The Council finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2009, Series B" dated November 19, 2009 (the "2009B Bonds") originally issued in the amount of$5,380,000 authorized by Ordinance No. 9937-09 adopted by the Council on June 8, 2009 (the "2009 Ordinance"), now outstanding in the amount of$5,380,000. The Council finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2009, Series A" dated September 1, 2009 (the "2009A Bonds") originally issued in the amount of$429,000 authorized by the 2009 Ordinance, now outstanding in the amount of$429,000. The Council finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2006" dated June 1, 2006 (the "2006 Bonds") originally issued in the amount of $4,710,000 authorized by Ordinance No. 9603-05 adopted by the Council on July 25, 2005 (the "2005 Ordinance"), now outstanding in the amount of$4,065,000. The Council also finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2002" dated June 1, 2002 (the "2002 Bonds") originally issued in the amount of $5,580,000 authorized by Ordinance No. 9247-01 adopted by the Council on August 27, 2001 (the "2002 Ordinance"), now outstanding in the amount of$4,210,000. The Council finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2000" dated June 12, 2000 (the "2000 Bonds") originally issued in the amount of $2,600,000 authorized by Ordinance No. 9095-00 adopted by the Council on February 28, 2000 (the "2000 Ordinance"), now outstanding in the amount of$1,466,320. The Council finds that there are also now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 1997" dated December 1, 1997 (the "1997 Bonds") (the 2009B Bonds, the 2009A Bonds, 2006 Bonds, the 2002 Bonds, the 2000 Bonds and the 1997 Bonds together, the "Prior Bonds"), originally issued in the amount of$22,500,000 authorized by Ordinance No. 8801-97 adopted by - 2 - the Council on June 23, 1997 (the "1997 Ordinance"), now outstanding in the amount of $2,140,000. The Council finds that on or about May 28, 2002, the Council adopted Ordinance No. 9328-02 (the "2002 Supplemental Ordinance"), which supplemented and amended the 2002 Ordinance, the 2000 Ordinance and the 1997 Ordinance to permit the City to substitute an insurance policy to provide funds for the Debt Service Reserve Account thereby freeing monies currently held in the Debt Service Reserve Account for use by and improvement of the waterworks. The 2002 Supplemental Ordinance, together with the 2009 Ordinance, the 2005 Ordinance, the 2002 Ordinance, the 2000 Ordinance and the 1997 Ordinance are sometimes collectively referred to herein as the "Prior Ordinances". The Council now finds that pursuant to the 2002 Supplemental Ordinance, the City entered into an Insurance Agreement with Financial Security Assurance Inc. ("FSA"), dated June 27, 2002 (the "FSA Insurance Agreement"), and pursuant to the FSA Insurance Agreement, FSA issued its Municipal Bond Debt Service Reserve Insurance Policy No. 29146-R, effective June 27, 2002 (the "2002 Reserve Insurance Policy"). The 2002 Reserve Insurance Policy covers principal and interest payments on the 1997 Bonds, 2000 Bonds and 2002 Bonds, up to the policy limit stated in the 2002 Reserve Insurance Policy. The initial policy limit of the 2002 Reserve Insurance Policy was set at $2,332,703. The Council now finds that pursuant to the 2005 Ordinance, the City entered into an Insurance Agreement with MBIA Insurance Corporation ("MBIA"), dated June 6, 2006 (the "MBIA Insurance Agreement"), and pursuant to the MBIA Insurance Agreement, MBIA issued its Debt Service Reserve Surety Bond No. 48026(2), effective June 6, 2006 (the "2006 Reserve Insurance Policy"). The 2006 Reserve Insurance Policy covers principal and interest payments on the 2006 Bonds, up to the policy limit stated in the 2006 Reserve Insurance Policy. The initial policy limit of the 2006 Reserve Insurance Policy was set at$365,826. The Prior Bonds constitute a first charge upon the Net Revenues (as hereinafter defined). The Prior Ordinances provide that the City may authorize and issue additional bonds payable out of the Net Revenues ranking on parity with the Parity Bonds (as hereinafter defined) for the purpose of financing the cost of future additions, extensions and improvements to the works subject to the provisions of the Prior Ordinances. The conditions precedent to the issuance of additional parity bonds set forth in the Prior Ordinances, as described above, have been satisfied, subject to approval by the State of Indiana(the "State"). The City desires to authorize the issuance of a bond anticipation note or notes hereunder, if necessary, payable from the proceeds of the revenue bonds authorized herein (the "BANS"), and to authorize the refunding of said BANs, if issued. The Council now finds that all conditions precedent to the adoption of an ordinance authorizing the issuance of revenue bonds and BANs have been complied with in accordance with the applicable provisions of the Act. - 3 - NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION 1. Pr� oject. The City shall proceed with the Project in accordance with the cost estimates, and the plans and specifications heretofore prepared and filed by the consulting engineers employed by the City, which cost estimates, plans and specifications are hereby approved and are hereby incorporated by reference as if set forth in full at this place, two copies of which are on file and available for public inspection in the office of the City Clerk pursuant to I.C. §36-1-5-4. The actions of the Board taken in connection with the Project are hereby approved, ratified, and confirmed. The Project shall be constructed and the bonds herein authorized shall be issued pursuant to and in accordance with the Act. The terms "works" and "utility" and other like terms where used in this Ordinance shall be construed to mean and include all structures and property of the City's waterworks utility. SECTION 2. Authorization of Obligations. (a) The City shall issue its "Waterworks Revenue Bonds of 2012" or such other designation as the Executive (as defined below) or the Fiscal Officer (as defined below) shall determine at the time of issuance of any series of bonds (the "2012 Bonds"), in one or more series (as designated by the City, a "Series"), in an original principal amount not to exceed Eight Million Three Hundred Thousand. Dollars ($8,300,000) (the "Authorized Amount"), as negotiable, fully registered bonds, for the purpose of procuring funds to be applied to the costs of the Project, including without limitation reimbursement of preliminary expenses related thereto and all incidental expenses incurred in connection therewith (all of which are deemed to be a part of the Project), and the costs of selling and issuing the 2012 Bonds and funding a debt service reserve as described herein. The City reasonably expects to reimburse expenditures for the Project with the proceeds of the 2012 Bonds and this constitutes a declaration of official intent to reimburse expenditures under Treas. Reg. 1.150-2(e) and Indiana Code 5-1-14-6(c). The 2012 Bonds shall rank on parity for all purposes with the Prior Bonds. The 2012 Bonds shall be issued in denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof, numbered consecutively from 1 upward, and dated the date of delivery. The 2012 Bonds shall bear interest at a rate or rates not exceeding eight percent (8%) per annum, and interest shall be payable semiannually on January 1 and July 1 in each year, with the beginning date of interest payments being finally determined by the Mayor as the executive of the City (the "Executive") and the Controller as the fiscal officer of the City, or any acting, assistant or deputy controller of the City (the "Fiscal Officer"), with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2012 Bonds to the Registrar for authentication. The 2012 Bonds shall be sold pursuant to 1.C. 5-1-11, as amended. Interest on the BANS and the 2012 Bonds shall be calculated according to a 360-day calendar year containing twelve 30-day months. The 2012 Bonds shall mature on January 1 of each year beginning in the year and in such amounts as is deemed appropriate by the Executive and the Fiscal Officer, with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2012 Bonds to the Registrar for authentication, and over a period ending not later than 20 years after substantial completion of the Project. - 4 - All or a portion of the 2012 Bonds may be aggregated into and issued as one or more term bonds. The term bonds will be subject to mandatory sinking fund redemption with sinking fund payments and final maturities corresponding to the serial maturities described above. Sinking fund payments shall be applied to retire a portion of the term bonds as though it were a redemption of serial bonds and, if more than one term bond of any maturity is outstanding, redemption of such maturity shall be made by lot. Sinking fund redemption payments shall be made in a principal amount equal to such serial maturities, plus accrued interest to the redemption date, but without premium or penalty. For all purposes of this Ordinance, such mandatory sinking fund redemption payments shall be deemed to be required payments of principal which mature on the date of such sinking fund payments. Appropriate changes shall be made in the definitive form of 2012 Bonds, relative to the form of 2012 Bonds contained in this Ordinance, to reflect any mandatory sinking fund redemption terms. (b) The City shall issue, if necessary, BANS for the purpose of procuring interim financing for the Project. Any such issuance shall be in accord with the provisions of Section 25 of this Ordinance. SECTION 3. Pledge of Net Revenues; Payment of Principal and Interest. The 2012 Bonds, and any bonds ranking on a parity therewith, including the Prior Bonds, as to principal, premium, if any, and interest, shall be payable solely from and are secured by an irrevocable pledge of and shall constitute a charge upon all the Net Revenues (as defined in the following sentence) of the works. The term "Net Revenues," as used herein, shall be defined as the gross revenues of the works after deduction only for the payment of the reasonable expenses of operation, repair and maintenance of the works, and which reasonable expenses of operation, repair and maintenance specifically do not include any rates or charges in lieu of taxes made and collected by the works and transferred to the City in accordance with the Act (the "PILOT Payment"). The City specifically subordinates its right to receive any PILOT Payment to the rights of the holders of the 2012 Bonds, and any Parity Bonds, including the Prior Bonds, to receive payment of the principal, premium, if any, and interest, payable on such bonds. PILOT Payments shall be made not more frequently than semiannually on January 2 and July 2 and may be made only if all monthly deposits required by this Ordinance are current and held as of such dates in the Operation and Maintenance Fund and the Sinking Fund (each as defined herein). Other than PILOT Payments and normal and regular pro rata payments to the City for shared expenses charged by the City to its various departments, no moneys derived from the revenues of the works shall be transferred to the General Fund of the City or be used for any purpose not connected with the works. All payments of interest on the 2012 Bonds shall be paid by check mailed one business day prior to the interest payment date to the registered owners thereof as of the fifteenth (15th) day of the month preceding the interest payment date (the "Record Date") at the addresses as they appear on the registration and transfer books of the City kept for that purpose by the Registrar (the "Registration Record") or at such other address as is provided to the Paying Agent in writing by such registered owner. Each registered owner of$1,000,000 or more in principal amount of 2012 Bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All principal payments and premium payments, if any, on the 2012 Bonds shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which - 5 - on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a registered owner of$1,000,000 or more in principal amount of 2012 Bonds, by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. Interest on 2012 Bonds shall be payable from the interest payment date to which interest has been paid next preceding the authentication date thereof unless such 2012 Bonds are authenticated after the Record Date for an interest payment date and on or before such interest payment date in which case they shall bear interest from such interest payment date, or unless authenticated on or before the Record Date for the first interest payment date, in which case they shall bear interest from the original date, until the principal shall be fully paid. SECTION 4. Transfer and Exchange of Bonds. Each 2012 Bond shall be transferable or exchangeable only upon the Registration Record, by the registered owner thereof in writing, or by the registered owner's attorney duly authorized in writing, upon surrender of such 2012 Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or such attorney, and thereupon a new fully registered 2012 Bond or Bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the names of the transferee or transferees or the registered owner, as the case may be, in exchange therefor. The costs of such transfer or exchange shall be borne by the City except for any tax or governmental charge required to be paid with respect to the transfer or exchange, which taxes or governmental charges are payable by the person requesting such transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the persons in whose names such 2012 Bonds are registered as the absolute owners thereof for all purposes including for the purpose of receiving payment of, or on account of, the principal thereof and interest and premium, if any, due thereon. In the event any 2012 Bond is mutilated, lost, stolen or destroyed, the City may execute and the Registrar may authenticate a new bond of like date, maturity and denomination as that mutilated, lost, stolen or destroyed, which new bond shall be marked in a manner to distinguish it from the bond for which it was issued, provided that, in the case of any mutilated bond, such mutilated bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the Fiscal Officer and the Registrar, together with indemnity satisfactory to them. In the event any such bond shall have matured, instead of issuing a duplicate bond, the City and the Registrar may, upon receiving indemnity satisfactory to them, pay the same without surrender thereof. The City and the Registrar may charge the owner of such 2012 Bond with their reasonable fees and expenses in this connection. Any 2012 Bond issued pursuant to this paragraph shall be deemed an original, substitute contractual obligation of the City, whether or not the lost, stolen or destroyed 2012 Bond shall be found at any time, and shall be entitled to all the benefits of this Ordinance, equally and proportionately with any and all other 2012 Bonds issued hereunder. ,SECTION 5. Registrar and ]Paving Agent. The Fiscal Officer is hereby authorized to appoint a qualified financial institution to serve as Registrar and Paying Agent for the 2012 Bonds (together with any successor, the "Registrar" or "Paying Agent"). The Registrar is hereby charged with the responsibility of authenticating the 2012 Bonds, and shall keep and maintain - 6 - the Registration Record at its office. The Fiscal Officer is hereby authorized to enter into such agreements or understandings with such institution as will enable the institution to perform the services required of a Registrar and Paying Agent. The Fiscal Officer is further authorized to pay such fees and the institution may charge for the services its provides as Registrar and Paying Agent and such fees may be paid from the Sinking Fund established to pay the principal of and interest on the 2012 Bonds as fiscal agency charges. The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by giving thirty (30) days written notice to the City and by first-class mail to each registered owner of the 2012 Bonds then outstanding, and such resignation will take effect at the end of such thirty (30) days or upon the earlier appointment of a successor Registrar and Paying Agent by the City. Such notice to the City may be served personally or sent by first-class or registered mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying Agent by the City, in which event the City may appoint a successor Registrar and Paying Agent. The City shall notify each registered owner of the 2012 Bonds then outstanding by first-class mail of the removal of the Registrar and Paying Agent. Notices to the registered owners of the 2012 Bonds shall be deemed to be given when mailed by first-class mail to the addresses of such registered owners as they appear on the Registration Record. Any predecessor Registrar and Paying Agent shall deliver all the 2012 Bonds, cash or investments related thereto in its possession and the Registration Record to the successor Registrar and Paying Agent. As to the BANS, the Fiscal Officer shall serve as Registrar and Paying Agent and is hereby charged with the duties of Registrar and Paying Agent. SECTION 6. Terms of Redem tio . The 2012 Bonds may be made redeemable at the option of the City on thirty (30) days' notice, in whole or in part, in any order of maturities selected by the City and by lot within a maturity, on dates and with premiums and other terms, as finally determined by the Executive with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2012 Bonds to the Registrar for authentication. Notice of redemption shall be mailed by first-class mail to the address of each registered owner of a 2012 Bond to be redeemed as shown on the Registration Record not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption except to the extent such redemption notice is waived by owners of 2012 Bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any 2012 Bond shall not affect the validity of any proceedings for the redemption of any other 2012 Bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers of the 2012 Bonds called for redemption. The place of redemption may be determined by the City. Interest on the 2012 Bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named, and thereafter, such 2012 Bonds shall no longer be protected by this Ordinance and shall not be deemed to be outstanding hereunder, and the holders thereof shall have the right only to receive the redemption price. All 2012 Bonds which have been redeemed shall be canceled and shall not be reissued; provided, however, that one or more new registered bonds shall be issued for the unredeemed portion of any 2012 Bond without charge to the holder thereof. - 7 - No later than the date fixed for redemption, funds shall be deposited with the Paying Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply such funds to the payment of, the 2012 Bonds or portions thereof called for redemption, including accrued interest thereon to the redemption date. No payment shall be made upon any 2012 Bond or portion thereof called for redemption until such 2012 Bond shall have been delivered for payment or cancellation or the Registrar shall have received the items required by this Ordinance with respect to any mutilated, lost, stolen or destroyed bond. The BANS are prepayable by the City, in whole or in part, at any time upon seven (7) days' notice to the owner of the BANs, without any premium. SECTION 7. Execution and Negotiability. The 2012 Bonds shall be signed in the name of the City by the manual or facsimile signature of the Executive and attested by the manual or facsimile signature of the City Clerk, who also shall affix the seal of the City manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In case any officer whose signature or facsimile signature appears thereon shall cease to be such officer before the delivery of the 2012 Bonds, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery. The 2012 Bonds shall also be authenticated by the manual signature of the Registrar, and no 2012 Bond shall be valid or become obligatory for any purpose until the certificate of authentication thereon has been so executed. The 2012 Bonds shall have all of the qualities and incidents of negotiable instruments under the laws of the State of Indiana, subject to the provisions for registration herein. SECTION S. Authorization for Book-Entry System. The 2012 Bonds may, in compliance with all applicable laws, initially be issued and held in book-entry form on the books of the central depository system, The Depository Trust Company, its successors, or any successor central depository system appointed by the City from time to time (the "Clearing Agency"), without physical distribution of bonds to the purchasers. The following provisions of this Section apply in such event. One definitive 2012 Bond of each maturity shall be delivered to the Clearing Agency (or its agent) and held in its custody. The City and Registrar may, in connection herewith, do or perform or cause to be done or performed any acts or things not adverse to the rights of the holders of the 2012 Bonds as are necessary or appropriate to accomplish or recognize such book-entry form 2012 Bonds. During any time that the 2012 Bonds are held in book-entry form on the books of a Clearing Agency, (1) any such 2012 Bond may be registered upon Registration Record in the name of such Clearing Agency, or any nominee thereof, including Cede & Co.; (2) the Clearing Agency in whose name such 2012 Bond is so registered shall be, and the City and the Registrar and Paying Agent may deem and treat such Clearing Agency as, the absolute owner and holder of such 2012 Bond for all purposes of this Ordinance, including, without limitation,the receiving of payment of the principal of and interest and premium, if any, on such 2012 Bond, the receiving of notice and the giving of consent; (3) neither the City nor the Registrar or Paying - 8 - Agent shall have any responsibility or obligation hereunder to any direct or indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect of which, any such participant holds any interest in any 2012 Bond, including, without limitation, any responsibility or obligation hereunder to maintain accurate records of any interest in any 2012 Bond or any responsibility or obligation hereunder with respect to the receiving of payment of principal of or interest or premium, if any, on any 2012 Bond, the receiving of notice or the giving of consent; and (4) the Clearing Agency is not required to present any 2012 Bond called for partial redemption, if any, prior to receiving payment so long as the Registrar and Paying Agent and the Clearing Agency have agreed to the method for noting such partial redemption. If either the City receives notice from the Clearing Agency which is currently the registered owner of the 2012 Bonds to the effect that such Clearing Agency is unable or unwilling to discharge its responsibility as a Clearing Agency for the 2012 Bonds, or the City elects to discontinue its use of such Clearing Agency as a Clearing Agency for the 2012 Bonds, then the City and the Registrar and Paying Agent each shall do or perform or cause to be done or performed all acts or things, not adverse to the rights of the holders of the 2012 Bonds, as are necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for the 2012 Bonds and to transfer the ownership of each of the 2012 Bonds to such person or persons, including any other Clearing Agency, as the holder of the 2012 Bonds may direct in accordance with this Ordinance. Any expenses of such discontinuance and transfer, including expenses of printing new certificates to evidence the 2012 Bonds, shall be paid by the City. During any time that the 2012 Bonds are held in book-entry form on the books of a CIearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any participant or indirect participant with respect to the identity of any beneficial owner of the 2012 Bonds as of a record date selected by the Registrar. For purposes of determining whether the consent, advice, direction or demand of a registered owner of a 2012 Bond has been obtained, the Registrar shall be entitled to treat the beneficial owners of the 2012 Bonds as the bondholders and any consent, request, direction, approval, objection or other instrument of such beneficial owner may be obtained in the fashion described in this Ordinance. During any time that the 2012 Bonds are held in book-entry form on the books of a Clearing Agency, the Executive, the Fiscal Officer and/or the Registrar are authorized to execute and deliver a Letter of Representations agreement with the Clearing Agency, or a Blanket Issuer Letter of Representations, and the provisions of any such Letter of Representations or any successor agreement shall control on the matters set forth therein. The Registrar, by accepting the duties of Registrar under this Ordinance, agrees that it will (i) undertake the duties of agent required thereby and that those duties to be undertaken by either the agent or the issuer shall be the responsibility of the Registrar, and (ii) comply with alI requirements of the Clearing Agency, including without limitation same day funds settlement payment procedures. Further, during any time that the 2012 Bonds are held in book-entry form, the provisions of Section S of this Ordinance shall control over conflicting provisions in any other section of this Ordinance. - 9 - SECTION 9. Form of 2012 Bonds. The form and tenor of the 2012 Bonds shall be substantially as follows, all blanks to be filled in properly and all necessary additions and deletions to be made prior to delivery: R-_ UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA WATERWORKS REVENUE BOND OF 20[ ] Interest Maturity Original Authentication Rate Date Date Date CUSIP No. , 20_ , 2012 , 2012 REGISTERED OWNER: PRINCIPAL SUM: Dollars ($ � The City of South Bend, in St. Joseph, County, State of Indiana (the "City"), for value received, hereby promises to pay to the Registered Owner set forth above, solely out of the special revenue fund hereinafter referred to, the Principal Sum set forth above on the Maturity Date set forth above (unless this bond be subject to and be called for redemption prior to maturity as hereafter provided), and to pay interest thereon until the Principal Sum shall be fully paid at the Interest Rate per annum specified above from the interest payment date to which interest has been paid next preceding the Authentication Date of this bond unless this bond is authenticated after the fifteenth day of the month preceding the interest payment date (the "Record Date") and on or before such interest payment date in which case it shall bear interest from such interest payment date, or unless this bond is authenticated on or before , 20 , in which case it shall bear interest from the Original Date, which interest is payable semiannually on January I and July 1 of each year, beginning on 1, 20_. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. [The principal of and premium, if any, on this bond are payable at the principal office of (the "Registrar" or "Paying Agent"), in , Indiana.] All payments of interest on this bond shall be paid by check mailed one business day prior to the interest payment date to the Registered Owner as of the Record Date at the address as it appears on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by the - 10 - Registered Owner. Each Registered Owner of$1,000,000 or more in principal amount of bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All payments of principal of, and premium, if any, on this bond shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a Registered Owner of$1,000,000 or more in principal amount of the Bonds (as hereinafter defined), by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. THE CITY SHALL NOT BE OBLIGATED TO PAY THIS BOND OR THE INTEREST HEREON EXCEPT FROM THE HEREINAFTER DESCRIBED SPECIAL FUND, AND NEITHER THIS BOND NOR THE ISSUE OF WHICH IT IS A PART SHALL IN ANY RESPECT CONSTITUTE A CORPORATE INDEBTEDNESS OF THE CITY WITHIN THE PROVISIONS AND LIMITATIONS OF THE CONSTITUTION OF THE STATE OF INDIANA. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the execution, issuance and delivery of this bond have been done and performed in regular and due form as provided by law. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been executed by an authorized representative of the Registrar. This bond is one of an authorized issue of bonds of the City of South Bend, Indiana, of like date, tenor and effect, except as to denomination, numbering, rates of interest, redemption terms and dates of maturity, aggregating Dollars ($ ), numbered consecutively from 1 upward (the "Bonds"), issued for the purpose of providing funds to be applied on the cost of improvements to the City's waterworks (the "Project"), to refund interim notes issued in anticipation of the Bonds, if any, to fund a debt service reserve, and to pay incidental expenses and costs of issuance of the Bonds. This bond is issued pursuant to an ordinance adopted by the Common Council of said City on the day of , 2012, entitled "An Ordinance of the Common Council of the City of South Bend, Indiana, Concerning the Construction of Improvements to the Municipal Waterworks of the City of South Bend, Indiana; Authorizing the Issuance of Revenue Bonds for such Purpose in the Principal Amount not to exceed Eight Million Three Hundred Thousand ($8,300,000); Addressing Other Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds; and Repealing Ordinances Inconsistent Herewith" (the "Ordinance"), and in accordance with the provisions of Indiana law, including without limitation Indiana Code 8-1.5, and other applicable laws, as amended (the "Act"), all as more particularly described in the Ordinance. The owner of this bond, by the acceptance hereof, agrees to all the terms and provisions contained in the Ordinance and the Act. - 11 - Pursuant to the provisions of the Act and the Ordinance, the principal of and interest on this bond and all other bonds of said issue, the Prior Bonds (as hereinafter defined), and any bonds hereafter issued on a parity therewith are payable solely from the Sinking Fund (the "Sinking Fund") maintained under the Ordinance to be provided from the Net Revenues (defined as the gross revenues of the works after deduction only for the payment of the reasonable expenses of operation, repair and maintenance of the works, and which reasonable expenses of operation, repair and maintenance specifically do not include any rates or charges in lieu of taxes made and collected by the works and transferred to the City in accordance with the Act. The City irrevocably pledges the entire Net Revenues of the works to the prompt payment of the principal of and interest on the Bonds and any bonds ranking on a parity therewith, including the "Waterworks Revenue Bonds of 2009, Series B dated November 19, 2009 (the "2009B Bonds"), "Waterworks Revenue Bonds of 2009, Series A" dated September 1, 2009 (the "2009A Bonds"), "Waterworks Revenue Bonds of 2006" dated June 1, 2006 (the "2006 Bonds"), "Waterworks Revenue Bonds of 2002" dated June 1, 2002 (the "2002 Bonds"),"Waterworks Revenue Bonds of 2000" dated June 12, 2000 (the "2000 Bonds") and the "Waterworks Revenue Bonds of 1997" dated December 1, 1997 (the "1997 Bonds"), (the 2009B Bonds, the 2009A Bonds, the 2006 Bonds, the 2002 Bonds, the 2000 Bonds and the 1997 Bonds together, the "Prior Bonds"), each authorized by ordinance of the City, to the extent necessary for such purposes, and covenants that it will establish proper rates and charges for services rendered by the utility as are sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the works and for the payment of the sums required to be paid into the Sinking Fund under the provisions of the Act and the Ordinance. if the City or the proper officers thereof shall fail or refuse to so fix and collect such rates or charges, or if there be a default in the payment of the interest on or principal of this bond, the owner of this bond shall have all of the rights and remedies provided for in the Act. The City covenants that for so long as the Bonds and any bonds issued on a parity therewith, including the Prior Bonds, remain outstanding it will set aside and pay into the Sinking Fund a sufficient amount of the Net Revenues for the payment of (a) the principal of and interest on all bonds which by their terms are payable from the Net Revenues, as such principal and interest shall fall due, (b) the necessary fiscal agency charges for paying bonds and (c) an additional amount to maintain the reserve required by the Ordinance. Such required payments shall constitute a first charge upon all the Net Revenues. Reference is made to the Ordinance for a more complete statement of the revenues from which and conditions under which this bond is payable, a statement of the conditions on which obligations may hereafter be issued on parity with this bond, the manner in which the Ordinance may be amended and the general covenants and provisions pursuant to which this bond has been issued. The bonds of this issue maturing on and after January 1, 20— are redeemable at the option of the City on January 1, 20—, or any date thereafter, on thirty (30) days' notice, in whole or in part, in any order of maturities selected by the City and by lot within a maturity, at 100% of face value, together with the following premiums: - 12 - if redeemed on January 1, 20_or thereafter before January 1, 20_; if redeemed on January 1, 20_or thereafter before January 1, 20T; and 0% if redeemed on January 1, 20__, or thereafter prior to maturity; plus accrued interest to the date fixed for redemption. Each minimum authorized denomination in principal amount shall be considered a separate bond for purposes of partial redemption. Notice of such redemption shall be mailed by first-class mail not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption to the address of the registered owner of each bond to be redeemed as shown on the registration record of the City except to the extent such redemption notice is waived by owners of the bond or bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any bond shall not affect the validity of any proceedings for the redemption of any other bonds. The notice shall specify the date and place of redemption, the redemption price and the CUIP numbers of the bonds called for redemption. The place of redemption may be determined by the City. Interest on the bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named, and thereafter, such bonds shall no longer be protected by the Ordinance and shall not be deemed to be outstanding thereunder. This bond is subject to defeasance prior to payment or redemption as provided in the Ordinance. If this bond shall not be presented for payment or redemption on the date fixed therefor, the City may deposit in trust with the Paying Agent or another paying agent, an amount sufficient to pay such bond or the redemption price, as the case may be, and thereafter the Registered Owner shall look only to the funds so deposited in trust for payment and the City shall have no further obligation or liability in respect thereto. This bond is transferable or exchangeable only upon the registration record kept for that purpose at the office of the Registrar by the Registered Owner in person, or by his attorney duly authorized in writing, upon surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the Registered Owner or such attorney, and thereupon a new fully registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, in exchange therefor. This bond may be transferred or exchanged without cost to the Registered Owner except for any tax or governmental charge required to be paid with respect to the transfer or exchange. The City, the Registrar, the Paying Agent and any other registrar or paying agent for this bond may treat and consider the person in whose name this bond is registered as the absolute owner hereof for all purposes including for - 13 - the purpose of receiving payment of, or on account of, the principal hereof and interest and premium, if any, due hereon. The bonds maturing on any maturity date are issuable only in the denomination of $5,000 or any integral multiple thereof. A Continuing Disclosure Contract from the City to each registered owner or holder of any bond, dated as of the date of initial issuance of the Bonds (the "Contract"), has been executed by the City, a copy of which is available from the City and the terms of which are incorporated herein by this reference. The Contract contains certain promises of the City to each registered owner or holder of any Bond, including a promise to provide certain continuing disclosure. By its payment for and acceptance of this bond, the registered owner or holder of this bond assents to the Contract and to the exchange of such payment and acceptance for such promises. IN WITNESS WHEREOF, the City of South Bend, in St. Joseph County, Indiana, has caused this bond to be executed in its corporate name by the manual or facsimile signature of the Mayor, and its corporate seal to be hereunto affixed, imprinted or impressed by any means and attested manually or by facsimile by its Clerk. CITY OF SOUTH BEND, INDIANA By: Mayor (SEAL) ATTEST Clerk REGISTRAR'S CERTIFICATE OF AUTHENTICATION It is hereby certified that this bond is one of the bonds described in the within-mentioned Ordinance duly authenticated by the Registrar. as Registrar By Authorized Representative - 14 - The following abbreviations, when used in the inscription of the face of this bond, shall be construed as through they were written out in full according to applicable laws or regulations: TEN. COM. as tenants in common TEN. ENT. as tenants by the entireties JT. TEN. as joint tenants with right of survivorship and not as tenants in common UNIF. TRAN. MIN. ACT Custodian (Cult.) (Minor) under Uniform Transfer to Minors Act of (State) Additional abbreviations may also be used although not in the above list. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address and Social Security or Other Identifying Number) $___principal amount (must be a multiple of $1,000) of the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney to transfer the within bond on the books kept for the registration thereof with full power of substitution in the premises. Dated: NOTICE: The Signature to this assignment must correspond with the name as it appears on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. - 15 - SECTION 10. Sale of Bonds. (a)(i) The Fiscal Officer shall cause to be published either (i) a notice of sale once each week for two consecutive weeps in accordance with I.C.§5-3-1-2, in which case the date fixed for the sale shall not be earlier than fifteen (15) days after the first of such publications and not earlier than three (3) days after the second of such publications, or (ii) a notice of intent to sell bonds once each week for two weeks in accordance with I.C. §5-1-11-2 and I.C. §5-3-1-4 and in a newspaper of general circulation published in the State capital, in which case bids may not be received more than ninety (90) days after the first of such publications. Said sale notice shall state the time and place of sale, the purpose for which the 2012 Bonds are being issued, the total amount thereof, the amount and date of each maturity, the maximum rate or rates of interest thereon, their denominations, the time and place of payment, the terms and conditions upon which bids will be received and the sale made and such other information as is required by law or as the Fiscal Officer shall deem necessary. The Fiscal Officer is designated as the officer responsible for the sale of the 2012 Bonds, and shall provide or cause to be provided all notices required by law. All bids for the 2012 Bonds shall be sealed and shall be presented to the Fiscal Officer in accord with the terms set forth in the sale notice. Bidders for the 2012 Bonds shall be required to name the rate or rates of interest which the 2012 Bonds are to bear, which shall be the same for all 2012 Bonds maturing on the same date and the interest rate bid on any maturity of 2012 Bonds must be no less than the interest rate bid on any and all prior maturities, not exceeding eight percent (8%) per annum, and such interest rate or rates shall be in multiples of one hundredth of one percent. The Fiscal Officer shall award the 2012 Bonds to the bidder who offers the lowest interest cost, to be determined by computing the total interest on all the 2012 Bonds to their maturities and deducting therefrom the premium bid, if any, or adding thereto the amount of the discount, if any. No bid for less than ninety-nine percent(99%) of the par value of the 2012 Bonds, plus accrued interest, shall be considered. The Fiscal Officer may require that all bids be accompanied by certified or cashier's checks payable to the order of the City, or a surety bond, in an amount not to exceed one percent of the aggregate principal amount of the 2012 Bonds as a guaranty of the performance of said bid, should it be accepted. In the event no satisfactory bids are received on the day named in the sale notice, the sale may be continued from day to day thereafter for a period of thirty (30) days without readvertisement; provided, however, that if said sale is continued, no bid shall be accepted which offers an interest cost which is equal to or higher than the best bid received at the time fixed for sale in the bond sale notice. The Fiscal Officer shall have full right to reject any and all bids. After the 2012 Bonds have been properly sold and executed, the Fiscal Officer shall receive from the purchasers payment for the 2012 Bonds and shall provide for delivery of the 2012 Bonds to the purchasers. (b) The 2012 Bonds, as and to the extent paid for and delivered to the purchaser shall be the binding special revenue obligations of the City, payable out of the Net Revenues. The proper officers of the City are hereby directed to sell the 2012 Bonds to the purchaser, to draw all proper and necessary warrants, and to do whatever acts and things which may be necessary to carry out the provisions of this Ordinance. - 16 (c) The Executive and the Fiscal Officer each are hereby authorized to deem final an official statement with respect to the 2012 Bonds, as of its date, in accordance with the " provisions of Rule 15c2-12 of the U.S. Securities and Exchange Commission, as amended (the "SEC Rule"), subject to completion as permitted by the SEC Rule, and the City further authorizes the distribution of the deemed final off cial statement, and the execution, delivery and distribution of such document as further modified and amended with the approval of the Executive or the Fiscal Officer in the form of a final official statement. In order to assist any underwriter of the 2012 Bonds in complying with paragraph (b)(5) of the SEC Rule by undertaking to make available appropriate disclosure about the City and the 2012 Bonds to participants in the municipal securities market, the City hereby covenants, agrees and undertakes, in accordance with the SEC Rule, unless excluded from the applicability of the SEC Rule or otherwise exempted from the provisions of paragraph (b)(5) of the SEC Rule, that it will comply with and carry out all of the provisions of the continuing disclosure contract. "Continuing disclosure contract" shall mean that certain continuing disclosure contract executed by the City and dated the date of issuance of the 2012 Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The execution and delivery by the City of the continuing disclosure contract, and the performance by the City of its obligations thereunder by or through any employee or agent of the City, are hereby approved, and the City shall comply with and carry out the terms thereof (d) The Fiscal Officer is hereby authorized and directed to obtain a legal opinion as to the validity of the 2012 Bonds from Barnes & Thornburg LLP, and to furnish such opinion to the purchasers of the 2012 Bonds or to cause a copy of said legal opinion to be printed on each 2012 Bond. The cost of such opinion shall be paid out of the proceeds of the 2012 Bonds. (e) In connection with the sale of the 2012 Bonds, the Executive and the Fiscal Officer each are authorized to take such actions and to execute and deliver such agreements and instruments as they deem advisable to obtain a rating and/or to obtain bond insurance for the 2012 Bonds, and the taking of such actions and the execution and delivery of such agreements and instruments are hereby approved. SECTION 1 1. Use of Proceeds. The accrued interest received at the time of delivery of the 2012 Bonds, if any, and premium, if any, shall be deposited in the Bond and Interest Account of the Sinking Fund (as hereafter defined) and applied to payments on the 2012 Bonds on the first interest payment date, An amount of proceeds from the sale of the 2012 Bonds of any Series equal to the amount described in Section 14(b) will be deposited to the 2012 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of such Series and applied as described below. The remaining proceeds from the sale of the 2012 Bonds, to the extent not used to refund BANs issued pursuant to this Ordinance, shall be deposited in a fund of the utility hereby created and designated as "City of South Bend, Indiana Waterworks 2012 Bond Construction Fund" (the "Construction Fund"). The proceeds deposited in the Construction Fund, together with all investment earnings thereon, shall be expended only for the purpose of paying the costs of the Project and the costs of selling and issuing the 2012 Bonds, including the premium for any bond insurance obtained for the 2012 Bonds. - 17 - Any balance remaining in the Construction Fund after the completion of the Project which is not required to meet unpaid obligations incurred in connection therewith and on account of the sale and issuance of the 2412 Bonds shall be paid into the Principal and Interest Account of the Sinking Fund and used solely for the purposes of such Account or used for the same purpose or type of project for which the 2012 Bonds were originally issued, all in accordance with I.C. 5-1-13, as amended or as otherwise permitted by law. SECTION 12. Revenue Fund. There is hereby continued a fund of the utility created and designated in the Prior Ordinances as the Revenue Fund (the "Revenue Fund"). All income and revenues of the works shall be paid into the Revenue Fund for application as described below. SECTION 13. Operation and_Maintenance Fund. There is hereby continued a fund of the utility created and designated in the Prior Ordinances as the Operation and Maintenance Fund (the "Operation and Maintenance Fund") (also shown on the books of the utility as the Operating Fund). There shall be transferred from the Revenue Fund and credited to the Operation and Maintenance Fund, on the last day of each calendar month, a sufficient amount so that the balance in this Fund shall be sufficient to pay the expenses of operation, repair and maintenance for the then next succeeding two calendar months. The moneys credited to this Fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the works on a day-to-day basis, but none of the moneys in the Operation and Maintenance Fund shall be used for depreciation, replacements, improvements, extensions or additions. Any balance in Operation and Maintenance Fund in excess of the expected expenses of operation, repair and maintenance for the next succeeding two calendar months may be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of or interest on the outstanding bonds of the works. SECTION 14. Sinking Fund. There is hereby continued a fund of the utility created and designated in the Prior Ordinances as the Sinking Fund (the "Sinking Fund"), to be used for the payment of the principal of and interest on bonds which by their terms are payable from the Net Revenues, and for the payment of any fiscal agency charges in connection with such payment. The Sinking Fund is divided into two accounts designated as the Bond and Interest Account and the Debt Service Reserve Account, which are pledged for the purposes set forth below. There shall be set aside and deposited in the Sinking Fund, as available, and as hereinafter provided, a sufficient amount of the Net Revenues to meet the requirements of the Bond and Interest Account (also shown on the books of the utility as the Bond Sinking Fund) and of the Debt Service Reserve Account. Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Debt Service Reserve Account, equals the amount needed to redeem all of the then outstanding bonds. (a) Principal and Interest Account. There shall be transferred, on the last day of each calendar month, from the Revenue Fund and credited to the Bond and Interest Account an amount equal to the sum of one-twelfth (1/12) of the principal and one-sixth (116) of the interest on all then outstanding bonds payable from Net Revenues on the next succeeding principal and interest payment dates, until the amount so credited shall equal the principal payable during the next succeeding twelve (12) calendar months and the interest payable during the next succeeding six (6) calendar months. There shall similarly be credited to the account any - 18 - amount necessary to pay when due the bank fiscal agency charges for paying principal of and interest on the bonds as the same become payable. The City shall, from the sums deposited in the Sinking Fund and credited to the Bond and Interest Account, remit promptly to the bank fiscal agency sufficient moneys to pay the principal and interest on the due dates thereof together with the amount of bank fiscal agency charges. (b) Debt Service Reserve Account. The City may, upon the issuance of the 2012 Bonds of any Series, establish within the Debt Service Reserve Account a subaccount for the 2012 Bonds of such Series (each, a "2012 Subaccount"). The Debt Service Reserve Account (excluding any subaccounts established for any of the Bonds (each, a "Subaccount", and collectively, the "Subaccounts")) shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the Bonds (as hereinafter defined) (excluding any Bonds for which a Subaccount was established), and the moneys in the Debt Service Reserve Account (excluding any Subaccounts) shall be used to pay current principal and interest on the Bonds (excluding any Bonds for which a Subaccount was established) to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. The 2012 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of any Series shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the 2012 Bonds of such Series, and the moneys in such 2012 Subaccount shall be used to pay current principal and interest on the 2012 Bonds of such Series to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. (c) No amounts in the 2012 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of any Series shall be available to pay any principal of or interest or redemption premium, if any, on any Bonds, except the 2012 Bonds of such Series. (d) No amounts in the Debt Service Reserve Account shall be available to pay any principal of or interest or redemption premium, if any, on any 2012 Bonds of any Series for which a 2012 Subaccount was established, except that any amounts in the 2012 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of any Series shall be available to pay the principal of or interest or redemption premium, if any, on the 2012 Bonds of such Series. (e) In this Ordinance the term "Parity Bonds" means any and all bonds ranking on a parity with the 2012 Bonds issued hereunder (including the Prior Bonds) which are (i) now outstanding or issued in the future by the City and (ii) which are payable from the net revenues of the City's waterworks. (f) In this Section 14, the term "Bonds" means the 2012 Bonds issued hereunder and all Parity Bonds. (g) In this Ordinance, the term "Reserve Requirement" for the Bonds (excluding any Bonds for which a Subaccount was established) means the least of: (i) the maximum annual debt service on the Bonds (excluding any Bonds for which a Subaccount was established), (ii) 125% of the average annual debt service on the Bonds (excluding any Bonds for which a Subaccount was established), or (iii) 10% of the proceeds of the Bonds (excluding any Bonds for which a Subaccount was established). In this Ordinance, the term "Reserve Requirement" for the 2012 Bonds of each Series for which a 2012 Subaccount was established - 19 - means the least of: (i) the maximum annual debt service on the 2012 Bonds of such series, (ii) 125% of the average annual debt service on the 2012 Bonds of such Series, or (iii) 10% of the proceeds of the 2012 Bonds of such Series. (h) Subject to Section 14(i) and Section 140) below, the City shall maintain in the Debt Service Reserve Account (excluding any Subaccounts) an amount equal to the Reserve Requirement for the Bonds (excluding any Bonds for which a Subaccount was established). Subject to Section 14(i) and Section 140) below, the City shall maintain in the wol 1 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of each Series for which a 2012 Subaccount was established an amount equal to the Reserve Requirement for the 2012 Bonds of such Series. (i) To the extent that the amount in the Debt Service Reserve Account (excluding any Subaccounts) on the date of the issuance of the 2012 Bonds of any Series is less than the Reserve Requirement for the Bonds (excluding any Bonds for which a Subaccount was established), that portion of the shortfall which exists as of the date of issuance of the 2012 Bonds of such Series shall, at the election of the Executive and Fiscal Officer with the advice of the City's financial advisor, be deposited into the Debt Service Reserve Account (excluding any Subaccounts) either (i) in a single payment, to be paid on the date of the issuance of the 2012 Bonds of such Series, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2012 Bonds of such Series, with the first installment due and payable on the date of the issuance of the 2012 Bonds of such Series, and the remaining installments payable on the last day of each calendar month, commencing on the last day of the month in which the 2012 Bonds of such Series are issued. To the extent that the amount in the 2012 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of any Series on the date of the issuance of the 2012 Bonds of such Series is less than the Reserve Requirement for the 2012 Bonds of such Series, that portion of the shortfall which exists as of the date of issuance of the 2012 Bonds of such. Series shall, at the election of the Executive and Fiscal Officer with the advice of the City's financial advisor, be deposited into such 2012 Subaccount either (i) in a single payment, to be paid on the date of the issuance of the 2012 Bonds of such Series, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2012 Bonds of such Series, with the first installment due and payable on the date of the issuance of the 2012 Bonds of such Series, and the remaining installments payable on the last day of each calendar month, commencing on the last day of the month in which the 2012 Bonds of such Series are issued. 0) To the extent that additional Parity Bonds are issued subsequent to the issuance of the 2012 Bonds of any Series, the additional amounts, if any, which are required to be paid into the Debt Service Reserve Account to satisfy the Reserve Requirement as a result of the issuance of such additional Parity Bonds shall, at the election of the Executive and Fiscal Officer with the advice of the City's financial advisor, be deposited into the Debt Service Reserve Account either (i) in a single payment, to be paid on the date of the issuance of such additional Parity Bonds, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of such additional Parity Bonds, with the first installment due and payable on the date of the issuance of such additional Parity Bonds, and the remaining installments payable on the last day of each calendar month, commencing on the last day of the month in which such additional Parity Bonds are issued. -20 - (k) Subject to Section 14(i) and Section 140) above, any deficiency in the balance maintained in the Debt Service Reserve Account (excluding any Subaccounts) or any Subaccounts shall be promptly made up from the next available Net Revenues after credits into the Bond and Interest Account, on a pro rata basis, calculated by reference to the amount of the deficiency in the Debt Service Revenue Account (excluding any Subaccounts) and each Subaccount. Any moneys in the Debt Service Reserve Account (excluding any Subaccount) in excess of the Reserve Requirement for the Bonds (excluding any Bonds for which a Subaccount was established), and any moneys in the 2012 Subaccount for the 2012 Bonds of any Series for which a 2012 Subaccount was established in excess of the Reserve Requirement for the 2012 Bonds of such Series, may be used for the prepayment of installments of principal, together with interest due thereon, on the then outstanding Bonds which are then callable or prepayable, or for the purchase of outstanding Bonds or installments of principal of and interest on the Bonds at a price not exceeding par and accrued interest, or may be transferred to the Improvement Fund. (1) As an alternative to holding cash funds in the Debt Service Reserve Account or any Subaccount, the City, with the advice of the City's financial advisor and nationally recognized bond counsel, may satisfy all or any part of its obligation to maintain any amount in the Debt Service Reserve Account or such Subaccount by depositing a Credit Facility (as defined in the next sentence) therein (which, for any 2009 Bonds for which a Subaccount was established and which were sold to the Indiana Finance Authority through the SRF Program (as hereafter defined), will require the written consent of the Indiana Finance Authority to the deposit of any such Credit Facility), provided that such deposit does not adversely affect any then existing rating on the Bonds. A "Credit Facility" is hereby defined as a letter of credit, liquidity facility, insurance policy or comparable instrument furnished by a bank, insurance company, financial institution or other entity pursuant to a reimbursement agreement or similar instrument between such entity and the City. To the extent that any Bonds are insured, and the Credit Facility is not being provided by the insurer of such Bonds, such insurance policy shall be subject to the insurer's prior written consent. (m) In the event a draw is made against the Credit Facility in the Debt Service Reserve Account or any Subaccount, the City shall repay the amount of the draw and related expenses incurred by the issuer(s) of the Credit Facility (the "Credit Facility Issuer") together with interest thereon at the rate specified in the Credit Facility and/or the related Credit Facility Agreement(as defined below). The repayment of the draw amount, related expenses and accrued interest (the "Credit Facility Costs") shall be paid from the funds that would have been set aside above to replenish the Debt Service Reserve Account or such Subaccount, respectively. Repayment of the Credit Facility Costs shall commence in the first month following each draw, in an amount equal to no less than one twelfth (1/12) of the aggregate Credit Facility Costs related to such draw ("Monthly Installments"). Each Monthly Installment shall be deposited by the City into the Debt Service Reserve Account or such Subaccount, respectively, and then payments shall be made from the Debt Service Reserve Account or such Subaccount, respectively, to pay Credit Facility Costs. (n) If and to the extent cash has been deposited to the Debt Service Reserve Account or any Subaccount (other than Monthly Installments to pay Credit Facility Costs), all such cash (or permitted investments) shall be used prior to any drawing under the Credit Facility - 21 - therein, and repayment of any Credit Facility Costs shall be made prior to replenishment of any such cash amounts. (o) If, in addition to the Credit Facility in the Debt Service Reserve Account or any Subaccount, any other reserve account substitute instrument ("Additional Credit Facility") is provided, drawings under the Credit Facility and any such Additional Credit Facility, and repayment of Credit Facility Costs and reimbursement of amounts due under the Additional Credit Facility, shall be made on a pro-rata basis (calculated by reference to the maximum amounts available thereunder) after applying all available cash therein and prior to replenishment of any such cash draws, respectively. (p) Inasmuch as the Reserve Requirement pertaining to the 1997 Bonds, the 2000 Bonds, the 2002 Bonds and the 2006 Bonds is currently being satisfied by the 2002 Reserve Insurance Policy and 2006 Reserve Insurance Policy, the City with the advice of the City's financial advisor and nationally recognized bond counsel,, may satisfy the Reserve Requirement pertaining to the 2012 Bonds of any Series as follows: (i) by amending the terms of either the 2002 Reserve Insurance Policy or the 2006 Reserve Insurance Policy to expand the scope of either the 2002 Reserve Insurance Policy or the 2006 Reserve Insurance Policy to include the 2012 Bonds of such Series, and by adjusting the Policy Limit of the 2002 Reserve Insurance Policy or the 2006 Reserve Insurance Policy accordingly; or (ii) by obtaining a separate Additional Credit Facility covering the Reserve Requirement attributable to the 2012 Bonds of such Series; or (iii) by funding the Reserve Requirement attributable to the 2012 Bonds of such Series in cash funds, either (i) in a single payment, to be paid on the date of the issuance of the 2012 Bonds of such Series, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2012 Bonds of such Series, with the first installment due and payable on the date of the issuance of the 2012 Bonds of such Series, and the remaining installments payable on the last day of each calendar month, commencing on the last day of the month in which the 2012 Bonds of such Series are issued. (q) The City acknowledges that: (i) at the time that the 2009A Bonds were issued, the City, pursuant to the 2009 Ordinance, established within the Debt Service Reserve Account a subaccount for the 2009A Bonds (the "2009A Subaccount"); (ii) such 2009A Subaccount constitutes the margin for safety and as protection against default in the payment of principal of and interest on the 2009A Bonds; (iii) the moneys in such 2009A Subaccount shall be used to pay current principal and interest on the 2009A Bonds, to the extent that moneys in the Bond and Interest Account are insufficient for that purpose; (iv); the 2009A Bonds were sold to the Indiana Finance Authority pursuant to its Drinking Water Revolving Loan Program (the "SRF Program") and pursuant to the 2009 Ordinance the "Reserve Requirement" for the 2009A Bonds for which the 2009A Subaccount was establish means the maximum annual debt service - 22 - on the 2009A Bonds; and (v) each of the provisions in the 2009 Ordinance pertaining to the 2009A Subaccount remain in full force and effect. SECTION 15. Im rovement Fund. After meeting the requirements of the Operation and Maintenance Fund and the Sinking Fund, any excess revenues may be transferred from the Revenue Fund and credited to the special utility fund hereby continued which was created and designated in the Prior Ordinances as the "Waterworks Improvement Fund" (the "Improvement Fund") (also shown on the books of the utility as the Depreciation Fund), and said Fund shall be used for improvements, replacements, additions and extensions of the works. Moneys in the Improvement Fund shall be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of and interest on the then outstanding bonds or, if necessary, to eliminate any deficiencies in credits to or minimum balance in the Debt Service Reserve Account of the Sinking Fund, or may be transferred to the Operation and Maintenance Fund to meet unforeseen contingencies in the operation and maintenance of the works. SECTION 16. Investment of Funds. The Revenue Fund and the Sinking Fund each shall be deposited in and maintained as a separate bank account or accounts from all other bank accounts of the City. The Operation and Maintenance Fund and the Improvement Fund may be maintained in a single bank account or accounts, but such bank account or accounts shall likewise be maintained separate and apart from the Revenue Fund and all other bank accounts of the City and apart from the Revenue Fund and the Sinking Fund bank accounts. All moneys deposited in the bank accounts shall be deposited, held and secured as public funds in accordance with the public depository laws of the State of Indiana; provided, that moneys therein may be invested in obligations in accordance with the applicable laws, including particularly Indiana Code, Title 5, Article 13, Chapter 9 as amended or supplemented, and in the event of such investment the income therefrom shall become a part of the funds invested and shall be used only as provided in this Ordinance. SECTION 17. Financial Records and Accounts. The City shall keep proper records and books of account, separate from all of its other records and accounts, in which complete and correct entries shall be made showing all revenues received on account of the operation of the utility and all disbursements made therefrom and all transactions relating to the utility. The City shall maintain on file the audited financial statements of the utility prepared by the State Board of Accounts. There shall be furnished, upon written request, to any owner of the 2012 Bonds, the most recent copy of the audited financial statements of the utility prepared by the State Board of Accounts. Copies of all such statements and reports shall be kept on file in the office of the Fiscal Officer. SECTION 18. Rate Covenant. The City, by and through the Board and to the fullest extent permitted by law, shall establish, fix, maintain and collect reasonable and just rates and charges for the use of and the services rendered by the works so that such rates and charges shall produce revenues at least sufficient in each year to (a) pay all the legal and other necessary expenses incident to the operation of the works, including maintenance costs, operating charges, upkeep, repairs, and interest charges on bonds or other obligations, including leases; (b) provide a sinking fund for the liquidation of bonds or other obligations, including leases; (c) provide a debt service reserve on bonds or other obligations, including leases, as required by the terms of such obligations; (d) prove adequate money for working capital; (e) provide adequate money for - 23 - making extensions and replacements; and (f) provide money for the payment of any taxes that may be assessed against the works. So long as any of the 2012 Bonds are outstanding, none of the facilities and services afforded by the works shall be furnished without a reasonable and just charge being made therefor, SECTION 19. Defeasance. If, when the 2012 Bonds or a portion thereof shall have become due and payable in accordance with their terms or shall have been duly called for redemption or irrevocable instructions to call the 2012 Bonds or a portion thereof for redemption shall have been given, and the whole amount of the principal, premium, if any, and the interest so due and payable upon such 2012 Bonds or any portion thereof then outstanding shall be paid, or (i) cash, (ii) direct non-callable obligations of(including obligations issued or held in book- entry form on the books of) the U.S. Department of the Treasury, the principal of and the interest on which when due without reinvestment will provide sufficient money, or (iii) any combination of the foregoing, shall be held irrevocably in trust for such purpose, and provision shall also be made for paying all fees and expenses for the payment, then and in that case the 2012 Bonds or such designated portion thereof shall no longer be deemed outstanding or secured by this Ordinance or entitled to the pledge of the Net Revenues. SECTION 20. Additional Bonds. The City reserves the right to issue additional bonds payable out of the Net Revenues ranking on a parity with the 2012 Bonds for the purpose of financing the cost of future additions, extensions and improvements to the works, or to provide for a complete or partial refunding of obligations, subject to the following conditions precedent: (a) The interest on and principal of all bonds payable from the Net Revenues shall have been paid to date in accordance with the terms thereof, and all required payments into the Sinking Fund required by this Ordinance shall have been made. The Reserve Requirement shall be satisfied for the additional Parity Bonds either at the time of delivery of the additional Parity Bonds or over a five-year or shorter period, in a manner which is commensurate with the requirements established in Section 14 of this Ordinance. (b) The Net Revenues in the fiscal year immediately preceding the issuance of any such bonds ranking on a parity with the 2012 Bonds shall be not less than one hundred twenty-five percent (125%) of the maximum annual principal and interest requirements of the then outstanding bonds (including the 2012 Bonds and the Prior Bonds) and the additional Parity Bonds proposed to be issued; or, prior to the issuance of the additional Parity Bonds, the water rates and charges shall be increased sufficiently so that the increased rates and charges applied to the previous fiscal year's operations would have produced Net Revenues for the year equal to not less than one hundred twenty-five percent (125%) of the maximum annual principal and interest requirements of the then outstanding bonds and the additional Parity Bonds proposed to be issued. For purposes of this subsection, the records of the works shall be analyzed and all showings shall be prepared by an independent certified public accountant employed by the City for that purpose. (c) To the extent required by law, the issuance of the proposed additional Parity Bonds and any necessary increase in water rates and charges shall have been approved by the Indiana Utility Regulatory Commission, or any successor body vested by law with authority to approve bonds and water rates and charges of municipal waterworks. 24 (d) The principal of said additional Parity Bonds shall be payable on January 1 and the interest shall be payable on January 1 and July 1 during the periods such principal and interest are payable. (e) So long as the 2000 Bonds, the 2009A Bonds or any other Parity Bonds sold to the Indiana Finance Authority through the SRF Program remain outstanding, the City shall obtain the consent of the Indiana Finance Authority to the issuance of the proposed additional Parity Bonds. SECTION 21. Further Covenants of the City. For the purpose of further safeguarding the interests of the owners of the 2012 Bonds, it is hereby specifically provided as follows: (a) The City, through the Board, shall at all times maintain the works in good condition, and operate the same in an efficient manner and at a reasonable cost. (b) So long as any of the 2012 Bonds are outstanding, the City, through the Board, shall maintain insurance on the insurable parts of the works, of a kind and in an amount such as would normally be carried by private entities engaged in a similar type of business. All insurance shall be placed with responsible insurance companies qualified to do business under the laws of the State of Indiana. As an alternative to maintaining such insurance, the City may maintain a self-insurance program with catastrophic or similar coverage so long as such program meets the requirements of any applicable laws or regulations and is maintained in a manner consistent with programs maintained by similarly situated municipalities. Insurance proceeds or self-insurance proceeds shall be used in replacing or repairing the property destroyed or damaged, or if not used for that purpose, shall be treated and applied as Net Revenues. (c) So long as any of the 2012 Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber the works, or any part thereof, and shall not sell, lease or otherwise dispose of any part of the same, excepting only such machinery, equipment or other property as may be replaced, or shall no longer be necessary for use in connection with said utility, provided, the foregoing restrictions shall not apply to the extent approved otherwise in writing by the owners of all 2012 Bonds then outstanding, and the City receives an opinion of nationally recognized bond counsel to the effect that the transaction will not cause the interest on the 2012 Bonds to be included in gross income for federal income tax purposes. (d) Reserved. (e) Except as otherwise specifically provided in Section 20 of this Ordinance and in the Prior Ordinances, so long as any of the 2012 Bonds are outstanding, no additional bonds or other obligations pledging any portion of the revenues of the works shall be issued by the City, except such as shall be made junior and subordinate in all respects to the 2012 Bonds, unless all of the 2012 Bands are defeased, redeemed or retired coincidentally with the delivery of such additional bonds or other obligations. Such subordinate obligations shall be subject to the provisions of Section 20(d). (f) The provisions of this Ordinance shall constitute a contract by and between the City and the owners of the 2012 Bonds, all the terms of which shall be enforceable by any such owner by any and all appropriate proceedings in law or in equity. After the issuance - 25 - of the 2012 Bonds and so long as any of the principal thereof or interest or premium, if any, thereon remains unpaid, except as expressly provided herein, this Ordinance shall not be repealed or amended in any respect which, in the determination of the Council in its sole discretion, will materially and adversely affect the rights of such owners, nor shall the Council or any other body of the City adopt any law, ordinance or resolution which, in the determination of the Council in its sole discretion, in any way materially and adversely affects the rights of such owners. (g) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the 2012 Bonds for the uses and purposes herein set forth, and the owners of the 2012 Bonds shall retain a lien on such proceeds until the same are applied in accordance with the provisions of this Ordinance and the Act. The provisions of this Ordinance shall also be construed to create a trust in the Net Revenues herein directed to be set apart and paid into the Sinking Fund for the uses and purposes of that Fund as set forth in this Ordinance. The owners of the 2012 Bonds shall have all the rights,remedies and privileges set forth in the Act. (h) All contracts let by the City in connection with the construction of the Project shall be let after due advertisement as required by the laws of the State of Indiana, and all contractors shall be required to furnish surety bonds in an amount equal to 100% of the amount of such contracts, to insure the completion of said contracts in accordance with their terms, and such contractors shall also be required to carry such employers` liability and public liability insurance as are required under the laws of the State of Indiana in the case of public contracts, and shall be governed in all respects by the laws of the State of Indiana relating to public contracts. (i) The Project shall be constructed under plans and specifications approved by a competent engineer designated by the City. All estimates for work done or material furnished shall first be checked by the engineer and approved by the City. SECTION 22. Amendments With Consent of Bondholders. Subject to the terms and provisions contained in this section and Sections 21 and 23, the owners of not less than a majority in aggregate principal amount of the 2012 Bonds and then outstanding shall have the right, from time to time, to consent to and approve the adoption by the Council of such ordinance or ordinances supplemental hereto, as shall be deemed necessary or desirable by the City for the purpose of amending in any particular any of the terms or provisions contained in this Ordinance, or in any supplemental Ordinance; provided, however, nothing herein contained shall permit or be construed as permitting: (a) An extension of the maturity of the principal of or interest or premium, if any, on any 2012 Bond or an advancement of the earliest redemption date on any 2012 Bond, without the consent of the holder of each 2012 Bond so affected; or (b) A reduction in the principal amount of any 2012 Bond, the redemption premium, the Reserve Requirement therefor or the rate of interest thereon, or a change in the monetary medium in which such amounts are payable, without the consent of the holder of each 2012 Bond so affected; or - 26 - (c) The creation of a lien upon or a pledge of the Net Revenues ranking prior to the pledge thereof created by this Ordinance, without the consent of the holders of all 2012 Bonds then outstanding; or (d) A preference or priority of any 2012 Bond over any other 2012 Bond, without the consent of the holders of all 2012 Bonds then outstanding; or (e) A reduction in the aggregate principal amount of the 2012 Bonds required for consent to such supplemental ordinance, without the consent of the holders of all 2012 Bonds then outstanding. If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a notice, postage prepaid, to the addresses appearing on the Registration Record. Such notice shall briefly set forth the nature of the proposed supplemental ordinance and shall state that a copy thereof is on file at the office of the Registrar for inspection by all owners of the 2012 Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2012 Bonds by reason of its failure to mail such notice, and any such failure shall not affect the validity of such supplemental ordinance when consented to and approved as herein provided. Whenever at any time within one year after the date of the mailing of such notice, the City shall receive any instrument or instruments purporting to be executed by the owners of the 2012 Bonds of not less than a majority in aggregate principal amount of the 2012 Bonds then outstanding, which instrument or instruments shall refer to the proposed supplemental ordinance described in such notice, and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice as on file with the Registrar, thereupon, but not otherwise, the City may adopt such supplemental ordinance in substantially such form, without liability or responsibility to any owners of the 2012 Bonds, whether or not such owners shall have consented thereto. No owner of any 2012 Bond shall have any right to object to the adoption of such supplemental ordinance or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Council from adopting the same, or from taking any action pursuant to the provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the provisions of his section, this Ordinance shall be, and shall be deemed, modified and amended in accordance therewith, and the respective rights, duties and obligations under this Ordinance of the City and all owners of 2012 Bonds then outstanding shall thereafter be determined, exercised and enforced in accordance with this Ordinance, subject in all respects to such modifications and amendments. Notwithstanding anything contained in the foregoing provisions of this Ordinance, the rights and obligations of the City and of the owners of the 2012 Bonds, and the terms and provisions of the 2012 Bonds and this Ordinance, or any supplemental ordinance, may be modified or amended in any respect with the consent of the City and the consent of the owners of all the 2012 Bonds then outstanding. - 27 - SECTION 23. Amendments Without Consent of Bondholders. The Council may, from time to time and at any time, and without notice to or consent of the owners of the 2012 Bonds, adopt such ordinances supplemental hereto (which supplemental ordinances shall thereafter form a part hereof): (a) To cure any ambiguity or formal defect or omission in this Ordinance or in any supplemental ordinance; (b) To grant to or confer upon the owners of the 2012 Bonds any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the 2012 Bonds; (c) To procure a rating on the 2012 Bonds from a nationally recognized securities rating agency designated in such supplemental ordinance, if such supplemental ordinance, in the determination of the Council in its sole discretion, will not materially and adversely affect the owners of the 2012 Bonds; (d) To obtain or maintain bond insurance with respect to the 2012 Bonds; (e) To provide for the refunding or advance refunding of the 2012 Bonds; (f) To provide for the issuance of additional bonds as provided in Section 20 hereof, or (g) To make any other change which, in.the determination of the Council in its sole discretion, is not to the material prejudice of the owners of the 2012 Bonds. SECTION 24, Tax Matters. In order to preserve the exclusion of interest on the 2012 Bonds from gross income for federal income tax purposes and as an inducement to purchasers of the 2012 Bonds, the City represents, covenants and agrees that: (a) No person or entity, other than the City or another state or local governmental unit, will use proceeds of the 2012 Bonds or property financed by the 2012 Bond proceeds other than as a member of the general public. No person or entity other than the City or another state or local governmental unit will own property financed by 2012 Bond proceeds or will have actual or beneficial use of such property pursuant to a lease, a management or incentive payment contract, an arrangement such as take-or-pay or output contract, or any other type of arrangement that differentiates that person's or entity's use of such property from the use by the public at large. (b) No 2012 Bond proceeds will be loaned to any entity or person other than a state or local governmental unit. No 2012 Bond proceeds will be transferred, directly or indirectly, or deemed transferred to a non-governmental person in any manner that would in substance constitute a loan of the 2012 Bond proceeds. (c) The City will not take any action or fail to take any action with respect to the 2012 Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2012 Bonds pursuant to Section 103 of the Internal - 28 - from the Net Revenues or a combination thereof, and the proceeds received by the City from the sale of the 2012 Bonds and such Net Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the BANs. The Executive is hereby authorized to determine the form of the BANs and to execute the BANs, the Fiscal Officer is hereby authorized to have the BANs prepared, and to attest to the BANs and affix the seal the City or cause a facsimile of the seal of the City to be imprinted or impressed on the BANs. The Fiscal Officer is hereby authorized and directed to obtain the legal opinion as to the validity of the BANs from Barnes & Thornburg LLP. After the BANs shall have been properly executed, the Fiscal Officer shall be authorized to receive from the purchaser thereof payment for the BANs and to provide for delivery of the BANs to the purchaser. The City may receive payment for the BANs in installments. Proceeds received from the sale of the BANs shall be deposited in the Construction Fund referred to in Sec. 1 I of this Ordinance. The Fiscal Officer is authorized to sell the BANs to any investor, and to work with the investor to facilitate the sale of the BANs. In any case any officer whose signature or a facsimile signature appears on the BANs shall cease to be such officer before delivery of the BANs, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until delivery of the BANs. Upon execution of the BANs by the Executive and attestation thereof by the City Clerk, the BANs shall constitute the legal, valid and binding obligations of the City. No action shall be taken that would impair the exclusion from gross income of interest on the BANs provided by the Code (as defined in Section 24). In furtherance of the foregoing, the provisions of Section 24 of this Ordinance shall apply to the BANs in the same manner as they apply to the 2012 Bonds. The BANs shall be subject to transfer or exchange in the same manner as the 2012 Bonds, as described in Section 4, and to amendment in the same manner as the 2012 Bonds, as described in Sections 22 and 23. The Executive and the Fiscal Officer each are authorized and directed to execute a purchase agreement with respect to the BANs in such form or substance as they shall approve. As an alternative to any terms of the BANs set forth above and to the method of sale referred to above, the Fiscal Officer may negotiate the sale to the Indiana Finance Authority or the Indiana Bond Bank upon such terms as are acceptable to the Executive and the Fiscal Officer and as are authorized by law for such sale, and the Executive and the Fiscal Officer each are authorized to execute a purchase agreement with the Indiana Finance Authority or the Indiana Bond Bank reflecting such terms. (b) The Executive and the Fiscal Officer may take such other actions or deliver such other certificates and documents needed for the Project or the financing as they deem necessary or desirable in connection therewith. SECTION 26. Rate Ordinance. The rates and charges of the works are set forth or described in Ordinance No. 9651-05 adopted by the Council on January 10, 2005. Such ordinance is hereby incorporated by reference as if set forth in full at this place, two copies of which are on file and available for public inspection in the office of the City Clerk pursuant to I.C. §36-1-5-4. - 30 - (c) The Credit Facility Issuer is granted a security interest (subordinate to that of the owners of the 2012 Bonds) in all revenues and collateral pledged as security for the 2012 Bonds, for the repayment of the Credit Facility Costs. (d) No additional bonds payable from the Net Revenues will be issued without the Credit Facility Issuer's prior written consent as long as Credit Facility Costs are past due and still owing to the Credit Facility Issuer. (e) This Ordinance shall not be modified or amended, except as provided in Section 23 herein, without the prior written consent of the Credit Facility Issuer. The Credit Facility Issuer shall be provided with written notice of the resignation or removal of the Registrar and Paying Agent and the appointment of a successor thereto and of the issuance of additional indebtedness of the City's waterworks at such address as may be specified, from time to time, by the Credit Facility Issuer. SECTION 33. Payment on Bonds in the Event of Default. In the event available moneys are insufficient to a debt service on _..__.._ y pay the 2012 Bonds and any Parity Bonds when due; available moneys shall be applied, after payment of all costs and expenses associated therewith, to the 2012 Bonds and any Parity Bonds as follows: to the payment to the persons entitled thereto of all unpaid installments of interest then due on, and the unpaid principal of, the 2012 Bonds and any Parity Bonds, including interest on any past due principal of any 2012 Bond or Parity Bond at the rate borne by such 2012 Bond or Parity Bond, in the order of the maturity of the installments of such interest and the due dates of such principal and, if the amount available shall not be sufficient to pay in full any particular installment of interest or maturity of principal, then to such payment ratably, according to the amounts so due, to the persons entitled thereto, without any discrimination or privilege or any preference of or priority of interest over principal or principal over interest. During the continuance of any default in the payment of either principal of or interest or premium on any 2012 Bonds or Parity Bonds, no payment shall be made with respect to any subordinate obligations issued pursuant to Section 21(e). Moneys available for payment to holders of such subordinate obligations shall, in the event of an insufficient amount being available to pay all debt service with respect to the subordinate obligations when due, be applied to the subordinate obligations in accordance with the sequence and other terms set forth above with respect to payments regarding 2012 Bonds and Parity Bonds unless otherwise provided in the ordinance authorizing the subordinate obligations. SECTION 34. Actions and Agreements. Each of the Executive, the Fiscal Officer and any other officer or employee of the City is hereby authorized and directed to execute any instruments or agreements or take any other actions necessary or desirable to effect the transactions contemplated by this Ordinance, such necessity or desirability to be conclusively evidenced by the execution of such instruments or agreements or the taking of such action. - 32 - PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this day of 2011. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: �� (J. aj-" ( Member of the Common Co&cil Courd adw,raq fuw% E;,t,4]0ffj,0,s Filed In Cpj,,.r —77 NOV 0 8 2011 C CITY Lekr Irvir CLekK, eoU-� 1st READING PUBLIC HEARING 3 rd READING NOT APPROVED - 33 - REFERRED PASSED Exhibit A PROJECT DESCRIPTION The Project consists of upgrades, expansions, additions, replacements, extensions and improvements to the Waterworks, including: Distribution_System 1. Repaace water main on South Bend Avenue from Twyckenham Avenue to Eddy Street 2. Replace water main on Ewing Avenue from Locust Road. to Walnut Street 3. Install water main on Bailey Avenue to Burdette Street to supply Legacy Court 4. Install water main to connect South Well field to the South Pressure Zone 5. Install a water main under the railroad tracks on 30th Street 6. Install a new well at the Cleveland Road North well field 7. Modify pressure reducing valves Other projects 1. Acquire additional automated meter reading meters 2. Acquire hydro-excavation truck for water system repairs 3. Security upgrades to water facilities including technology Pinhook Upgrade I. Improve chemical feed system 2. Replace filter media for greater filtering capacity 3. Aerator removal and detention tank modification 4. Improve metering applications 5. Replace existing high service pumps and drives 6. Upgrade filter equipment 7. HVAC system renovation Making any and all additional improvements related to the foregoing. SBDS02 ABF 4259470 INTER-OFFICE MEMORANDUM F '$ Department of Public Works Water Works Q� 'liEfF111r.A"�q QnI TO: City Council FROM: Dave Tungate SUBJECT: 2012 Revenue Bonds .DA'L'E: November 8, 2011 The South Bend Water Works plans to issue revenue bonds in the amount of$8.3 million. There is no rate increase associated with this bond issue. A revenue bond from 1997 will be paid off in January 2012. We plan to use the money dedicated to the principal and interest payment for the 1997 bonds to pay for the new revenue bonds. There will be no rate increase necessary to pay for this revenue bond. The 2012 bond projects can be divided into three categories. One category is distribution system improvements. These projects will include water maim extensions from our water system master plan, which will allow us to more efficiently move water through our water system. A second category includes equipment purchases such as automated meter reading water meters, a hydra excavation truck, and upgraded site security equipment. The third category is an upgrade to the water treatment capacity at the Pinhook Filtration Plant. This treatment plant has the infrastructure to produce additional water with minor upgrades. Additional water production from Pinhook will allow us to be more flexible with our water production facilities. Filed In Clerk's Office NOV 0 8 2011 J014N VOORDE MY CLERKS SOUTH SEND,IN Date Filed Application No. Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. I) The property sought to be rezoned is located at: Address 3321 Mishawaka Avenue, South Bend, Indiana 46615 2) Name and address of property owner(s)of the petition site: Steven E Weaver 3321 Mishawaka Avenue, South Bend, Indiana 46615 574.310.7487 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned from OB Office Buffer District to SF2 Single.Family & Two "amily District 5) This rezoning is requested to allow the following use(s): I reside in the home located at this address. 6) Attached is a copy of(a) legal description of the property; (b) a statement of purpose and intent; (c)a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 et of the petition property (e) a location map, if available, drawn to scale, which includes re names, i ted in 8%" x l I"format, Signature s of All roperty owner(s) or Attomey for all pj:operty Owners) PETITION PREPARED BY: CONTACT PERSON: (If different) Steven E Weaver Same 3321 Mishawaka Avenue, South Bend, In Email Address: sweaver1960 c&grnail.com 11 L �0 JOHN IN # AREA PLAN COMMISSION PUBLIC BEARING PROCEDURES 1, READING OF PETITION BY RECORDING SECRETARY 2_ COMMISSION STAFF REPORT 3. PRESENTATION BY PETITIONER—LIMITED TO 30 MINUTES 4. QUESTIONS BY COMMISSION, STAFF AND COMMISSION ATTORNEY ----DISCUSSION OPENED TO PUBLIC 5. PRESENTATIONS BY THOSE IN FAVOR OF PETITION—LIMITED TO 5 MINUTES EACH 6, PRESENTATIONS BY THOSE REMONSTRATING AGAINST PETITION—LIMITED TO 5 MINUTES EACH ----DISCUSSION CLOSED TO PUBLIC 7, COMMISSION STAFF RECOMMENDATION S. REBUTTAL BY PETITIONED.-LIMITED TO 10 MINUTES 9. QUESTIONS BY COMMISSION, STAFF AND COMMISSION ATTORNEY 10, VOTE ON PETITION BY COMMISSION MORE RETAILED PROCEDURES ARE AVAILABLE AT THE AREA PLAN COMMISSION OFFICE, RM. 1 140, COUNTY—CITY BUILDING. Filed in Clerk's NOV - 9 2011 JOHN VOORDE CITY CLERK,SOUTH BEND.td� C' gg 3 P 21 12 R N 5.:.:705£`Fi{. ,¢ m e FF r'�k 9'! �o&o U / rg ifs, � E'�..`L`' °•� g w & 5 0 a N 7 p O p W T mmW q �a a � r Ili �I 0 y�� A 91 O b x m e b N � � e e o P� 0 h v m I p ,e PARCELID NAME-11 MAILINGADD MAILINGCIT MAILINGS MAILI TA NGZfP ACOSTA PATRICK AMERICO&DONNA 018-6054-1800 ISKELTON 9514 Crown Commons Dr Crown Point IN 46307 HULLINGER JAMES L AND JENNIFER H REVOCABLE LIVING 018-6057-1966 TRUST 3222 Mishawaka South Bend IN 46615 STRUCTURE 018-6054-1786 CONSTRUCTION LLC 914 33RD St South Send IN 46615 DOUG GARRETT 018-6054-1798 PROPERTIES LLC 3617 Mishawaka Av South Send IN 46615 018-6054-1822 QUICK EMMA LOUISE 913 S 35th St South Bend IN 46615 YEAKEY WALLACE E 018-6096.3404 JJR 824 S 34TH ST South Bend IN 46615 HUNT JON R TESTAMENTARY TRUST FBO CHARLOTTE E HUNT DOUGLAS A HUNT 018-6091-3236 TRUSTEE 51559 Stapleford Ct Granger IN 46530 018-6089-3158 SCHNAAK NICOLE L 837 S 33rd St South Bend IN 46615 COLT LARRY D& 018-6091.3215 ELIZABETH J 3317 Mishawaka Av South Bend W 46615 018-6091-3216 WEAVER STEVEN E 426 S Sheridan St South Send IN 46619 MCDONALD ROBERT N 018-6091-3214 AND HELEN A 2949 Jamestown Ct N Mishawaka IN 46545 PUGH STEPHEN T& 018-6091-3212 ELIZABETH A 53144 BONVALE DR South Bend IN 46635 PUGH MICHAEL D. 018-6091-3213 AND SHARON M. 3309 Mishawaka Ave South Bend iN 46615 018-6091-3211 1MORTH ANN D 12266 Jefferson Blvd, Mishawaka IN 146 DAVIS DAVID D& LUNSFORD DAVIS 018-6089-3156 PATSY 3221 Mishawaka Av South Send IN HARMON SCOTT H& 018-6054-178801 LISA S 924 S 33rd St South Bend IN MCKENNA CHARLES ROBERT AND SANDRA 018-6054-3799 A 917 S 34th St South Bend IN 46615 STRUCTURE 018-6054-178701 CONSTRUCTION LLC 914 S 33rd St South Bend IN 46615 1018-13D54-1821 NIEDBALSKI CHRIS 3328 WILD CHERRY RIDGE Mishawaka IN 46544 TIMOTHY WARREN& 018-6054-1782 JASSOCIATES INC 133 Via Poinciana Ln Boca Raton FL 33487 018-6054-1820 COLE JASON R 3418 Mishawaka Av South Bend IN 46615 PROPERTIES OF 018-6054.1784 VALUE LLC 51105 High Meadows Dr Granger IN 1 46530 BARTSCH[PAUL E III& 018-6054-1785 SARAH 1885 Santo Domingo Camarillo CA 93012 018-6054-1795 B&W ENTERPRISES 3324 Mishawaka Av South Bend IN 46615 018-6054-179501 B&W ENTERPRISES 3324 Mishawaka Ave South Bend IN 46614 018-6054-11807 SILL JOHN A 3410 Mishawaka Av South Bend IN 4661 130TTORFF MAX E. 018-6054-1819 AND TEMME I. 1132 Diamond Dr Mishawaka IN 46544 HITE PHILLIP B AND 018-6091-3230 CAROL A 842 34th St South Bend IN 46615 TOBIAS GREGORY A& 018-6091-3223 JOAN E 841 S 35th St South Bend IN 4661 COTTINGHAM JASON 018-6091-3231 M&SUSAN M 841 S 34th St South Bend IN 46615 018-6091-3210 BOWMAN RICHARD A 842 S 33rd St South Bend IN 4661 FOX TIMOTHY W AND 018-6089-3157 CHRISTINE A 841 S 33rd St South Bend IN 46615 FURRY BRENT ALLEN &MARY ELIZABETH 018-6091-3224 ALLEN AS JT W/FRGS 837 S 35th Street South Bend IN 46815 018-6091-3229 HANNA DAVID L 838 34TH St. South Bend IN 46615 018-6091-3209 MURAT GEORGE JR 838 S 33rd St South Bend IN 4661 5 STAR INVESTMENT 018-6091-3232 GROUP II LLC PO Box 706 Middlebury IN 46540 HAHN RICHARD L SR& 018-6091-3225 KIMBERLY S 9147 Lincolnway E Mishawaka IN 46544 018-6091-3233 WITT DAVID M 122 Annie St San Antonio TX 78212 CRAMER DAVID C& 018-6091-3208 ANDREA B 834 S 33RD St. South Bend IN 46615 018-6091-3222 RUMPF MARY J 3421 Mishawaka Av South Bend IN 46615 HAMMES FREDERICK 018-6091-3221 J.AND MARY M. 3417 Mishawaka South Bend IN 46615 GARRETT ROBERT W. 018-6091-3220 &VICKIE GARRETT 3413 Mishawaka Ave. South Bend IN 46615 CRAIG ERIC A& 018-6091-3219 GLORIA K 3409 Mishawaka Ave South Bend IN 46615 SAYGER ALLEN W& 018-6091-3218 JANEL 3405 Mishawaka Ave South Bend IN d4661 BARAJAS ROBERT& 018-6091-3217 DEBRA 3401 Mishawaka South Bend IN 018-6091-3226 BIFFLE FRANCO 831 S 35th St South Bend IN WEBER CHARLES R& 018-6091-3227 MARY JO 1009 S 31st St South Bend IN 46615 SCHOOLCRAFT 018-6091-3234 RACHEL PO Box 941 Mishawaka IN 46546 DUNN RYAN DEAN& 018-6091-3207 ANDREA 830 S 33rd St South Bend IN 46615 018-6096-3412 GATES IRA 829 35TH St South Bend IN 4661 FITTERLING JOHN HA 018.6096-3405 &PENNY L 828 S 34TH St South Bend IIN 46615 BEYER JEFFREY S% 018-6091-3235 GBR INVESTMENTS 1628 S Michigan South Bend IN 46613 EMMONS ZACHARY A &MURRAY-EMMONS 018-6091-3206 KATHERINE E 826 S 33rd St South Send IN 46615 GETZ MATTHEW D& 018-6091-3228 SARAH BETH 834 S 34TH St South Bend IN 4661 018-6091-3205 AVERY JODI A 822 S 33rd St South Bend IN 46615 018-6096-3403 JOHN 10425 Vistula Rd Osceola IN 46561 018-6091-3237 WICKSTROM DAVID L 13914 COUNTY RD 12 Middlebury IN 46540 SALYER JUSTIN R& BURKHART ROBERT EDGAR W/FATRICIA ANN SALYER RES LIFE EST SEE TRANSFER 018-6091-3204 NOTES 818 S 33RD St South Bend IN 46615 Filed in CferVs Office JOHN VOOR, i CdT CLERK,SOUTP 15END,;N s ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLER'S PLAT & NAPOLEON STREET, OPT THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH'S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. # 23) , SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLER'S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH'S PLAT. AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. # 23) , AND IS PRESENTLY ZONED"SF211 SINGLE FAMILY AND TWO FAMILY DISTRICT, "GB" GENERAL BUSINESS DISTRICT, "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT AND "MF2" HIGH DENSITY MULTIFAMILY DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "PUD PLANNED UNIT DEVELOPMENT DISTRICT" TO ALLOW FOR THE CONSTRUCTION OF SINGLE-FAMILY RESIDENTIAL DEVELOPMENT. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 19 OF "HARTMAN AND WOODWORTH'S PLAT", THE PLAT OF WHICH IS RECORDED IN PLAT BOOK #7, PAGE #30 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE ALONG THE EAST LINE OF SAID LOT NUMBER 19, S. 00 021'11" E. , 196.76 FEET TO THE INTERSECTION OF THE EXTENSION OF SAID EAST LINE WITH THE CENTERLINE OF SOUTH BEND AVENUE (A.K.A. STATE ROAD 23) , THENCE ALONG SAID CENTERLINE, S. 51°05'04" W. , 1010.75 FEET TO THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF GEORGIANA STREET; THENCE ALONG SAID CENTERLINE OF GEORGIANA STREET, N. 00020140" W. , 985.38 FEET TO A POINT ON SAID CENTERLINE AND WESTERLY EXTENSION OF THE NORTH LINE OF LOT NUMBER 70 OF "HARTMAN AND MILLERS" PLAT WHICH IS RECORDED IN PLAT BOOK #7 PAGE # 29, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF LOT NUMBER 70, N. 89 050'18" E. , 621.17 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DUEY STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT #10 OF SAID "HARTMAN AND WOODWORTH'S PLAT"; THENCE ALONG THE EAST LINE OF SAID DUEY STREET FOR THE NEXT THREE (3) COURSES, N. 00 019'30" W. , 80.00 FEET AND N. 89 050'18" E. , 11.69 FEET AND N. 0003814911 E. , 46.91 FEET TO THE SOUTH LINE OF NAPOLEON STREET; THENCE S. 89 021111" E. , 117.11 FEET TO A POINT OF INTERSECTION OF SAID 2 LINE WITH THE EAST LINE OF A 12 FT. PUBLIC ALLEY EXTENDED NORTH; THENCE ALONG THE EAST LINE OF SAID ALLEY AND ITS NORTHERLY EXTENSION, S- 00020'4611 E. , 278.62 FEET TO A POINT AT THE NORTHWEST CORNER OF LOT NUMBER 19 OF SAID "HARTMAN AND WOODWORTH'S PLAT"; THENCE ALONG SAID NORTH LINE, N. 89 054151" E. , 39.29 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: LOTS # 79 AND #80 OF THE PLAT OF "HARTMAN AND MILLERS" SUBDIVISION WHICH IS RECORDED IN PLAT BOOK #7 PAGE # 29, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. CONTAINING 12.14 ACES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "PUD" PLANNED UNIT DEVELOPMENT DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON CO IL a f �oJ F fx!P ATTEST: f', „ c ! st Zkva 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. pp Filed in Office 1st READING � l °t f YOR, CITY OF SOUTH BEND, INDIANA PUBLIC B E A R I N G 'J f' 2 0 1 1 3 rd READING NOT APPROVED - - "ERRED RA CITY CLF- p�, 3('20 'H s'UE- D, "sN Danch, Harner & Associates, Inc. MICHAEL J. RANCH, L.A. Land Surveyors ■ Professional Engineers RON HARNr:R, P.S. Landscape Architects e Land Planners Honorable Members of the City of November 8, 2011 South Bend Common Council 4 t Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for property bounded as follows: on the West side by the c/1 Georgian Street, on the North by Lots 71, 74, 107 & 110 of Hartman & Miller's Plat & Napoleon Street, on the East by hots 13-18 & 20 of Hartman & Woodworth's Plat and on the South by South Bend Avenue (A.K.A. S.R. # 23) , South Bend: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition to the City's PUD Planned Unit Development District for their properties known as the proposed Triangle Neighborhood Development area as described above. This requested Rezoning will allow for the construction of Single-family Residential homes. Our clients believe that this type of residential development would fit well in the area bounded by Eddy Commons on the North and South Bend Avenue on the South. 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, Harner & Associates File No. 080235 "C" Md. LFRO jfte 1643 Commerce Drive South Bend, IN 46628 208 West Mars r Berrien Springs, MI 49903 once 5741234-4003 m 8001594-4003 a Fax 57412344119 office 2691471-3010 ® Fax 2691471-7237 DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1) . THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLER' S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH'S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. # 23) , SOUTH BEND, INDIANA 46617 2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46616 13TH FLOOR COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 SOUTH BEND REDEVELOPMENT COMMISSION 227 W. JEFFERSON BLVD. 12 TA FLOOR COUNTY-CITY BUILDING FIVE CORNERS L.L.C. SOUTH BEND, INDIANA 46601 814 MARIETTA ST SOUTH BEND, IN 46601 SAMUEL & BETTY KARIUKI WAYNE CURRY, JR. 1056 BURNS ST. 1050 BURNS STREET SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46617 NORTHEAST NEIGHBORHOOD UNIVERSITY OF NOTRE DAME DULAC REVITALIZATION ORGANIZATION 910 FLANNER HALL 803 LINCOLNWAY WEST NOTRE DAME, INDIANA 46556 SOUTH BEND, INDIANA 46616 3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE: N/A 4) . IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: 2 FROM: "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT "GB" GENERAL BUSINESS DISTRICT "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT "MF2" HIGH DENSITY MULTIFAMILY DISTRICT TO: "PUD PLANNED UNIT DEVELOPMENT DISTRICT 5) . THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S) : A) . SINGLE-FAMILY RESIDENTIAL DEVELOPMENT. 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 ' " x 11" FORMAT. FOR: FOR: SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46616 13TB FLOOR COUNTY-CITY BUILDING 289-1066 SOUTH BEND, INDIANA 46601 235-9251 I Lj =�__d FOR: A0851 INK312 SOUTH BEND REDEVELOPMENT COMMISSION 227 W. JEFFERSON BLVD. 12 TB FLOOR COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 { 235-9371 FIVE CORNERS L.L.C. 814 MARIETTA STREET SOUTH BEND, IN 46601 233-1296 SAMUEL KARIUKI BETTY KARIUKI 3056 BURNS ST. 1056 BURNS ST. SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46616 289-6032 289-6032 3 FOR: WAYNE CURRY, JR. NORTHEAST NEIGHBORHOOD 1050 BURNS STREET REVITALIZATION ORGANIZATION SOUTH BEND, INDIANA 46617 803 LINCOLNWAY WEST 288-1375 SOUTH BEND, INDIANA 46616 289-1066 PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT) : RANCH, HARNER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574) -234-4003 Filed in C ��� � Office !1O GI Y CLERK,S�.z ;�H LEND Fed DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1) . THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLER'S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH'S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. # 23) , SOUTH BEND, INDIANA 46617 2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46616 13x" FLOOR COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 ELVIS WILLIS SOUTH BEND REDEVELOPMENT 22869 STATE ROAD 23 COMMISSION SOUTH BEND, INDIANA 46614 227 W. JEFFERSON BLVD. 12TH FLOOR COUNTY-CITY BUILDING FIVE CORNERS L.L.C. SOUTH BEND, INDIANA 46601 814 MARIETTA ST SOUTH BEND, IN 46601 SAMUEL & BETTY KARIUKI WAYNE CURRY, JR. 1056 BURNS ST. 1050 BURNS STREET SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46617 NORTHEAST NEIGHBORHOOD UNIVERSITY OF NOTRE DAME DULAC REVITALIZATION ORGANIZATION 910 PLANNER HALL 803 LINCOLNWAY WEST NOTRE DAME, INDIANA 46556 SOUTH BEND, INDIANA 46616 3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE: N/A 4) . IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: 2 FROM: "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT "GB" GENERAL BUSINESS DISTRICT "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT "MF2" HIGH DENSITY MULTIFAMILY DISTRICT TO: "PUD PLANNED UNIT DEVELOPMENT DISTRICT 5) . THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S) : A) . SINGLE-FAMILY RESIDENTIAL DEVELOPMENT. 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 '/z" x 11" FORMAT. FOR: FOR: SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 46616 13Tll FLOOR COUNTY-CITY BUILDING 289-1066 SOUTH BEND, INDIANA 46601 235-9251 ELVIS WILLIS FOR: 22869 STATE ROAD 23 SOUTH BEND REDEVELOPMENT SOUTH BEND, INDIANA 46614 COMMISSION 233-7457 227 W. JEFFERSON BLVD. 12" FLOOR COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 235-9371 FOR: FIVE CORNERS L.L.C. 814 MARIETTA STREET SOUTH BEND, IN 46601 233-1296 SAMUEL KARIUKI BETTY KARIUKI 1056 BURNS ST. 1056 BURNS ST. SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46616 289-6032 289-6032 3 FOR: WAYNE CURRY, JR. NORTHEAST NEIGHBORHOOD 1050 BURNS STREET REVITALIZATION ORGANIZATION SOUTH BEND, INDIANA 46617 803 LINCOLNWAY WEST 288-1375 SOUTH BEND, INDIANA 46616 289-1066 JohlrA. Sejdisaj , VP Fi ce FOR: UNIVERSITY OF NOTRE DAME DULAC 910 PLANNER HALL NOTRE DAME, INDIANA 46556 631-9979 PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT) : DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574) -234-4003 IP, i ,= offlee £ X011 jo CITY C DATE PILED APPLICATION NO. DATE RECEIVED BY AREA 'PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO T14B COMMON COUNCIL OF THE CITY OF SOUTH Ham, INDIAN& TO .ADD THE ZONING ORDIVANCE AS HEREIN REQUESTED. 1) . THE PROPERTY SOUGHT TO BE REZONED 29 LOCATED: PRO13ERTY BOUNDED AS FOLLOW ON THE WEST SIDE BY THE CIL GE3ORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HAR9w & MILLED`S FLAT & NAPOLEON STREET, ON THE VAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH'S PLAT AND ON THE SOU•J.a By SOUTH BEND AGUE (A.K.A. S.R.. # 23) , SOUTH BEND, INDIANA. 46517 2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: SOUTH BEND HERITAGE FOUNDATION CITY OF SOUTH BEND 803 L.INCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEND, IN 45516 13rll FLOOR COUNTY-CITY BUILDING SOUTH SEND, INDIANA 46601 ELVIS WILLIS SOUTH BEND REDEVELOPMENT 22869 S'T'ATE ROAD 23 COMMISSION SOUTH BEND, TPMIAXA 46614 227 W. JEFFERSON BLVD. 12"" FLOOR COUNTY-CITY BUILDING FIVE CORNERS L.L.C. SOUTH BEND, INDIANA 46601 814 MARIETTA ST SOUTH BEND, IN 46601 SAMUEL & BETTY RARIUXI WAYNE CURRY, JR. 1056 BURNS ST. 1050 BURNS STREET SOUTH BEND, INDIANA 46616 SOUTH SEND, INDIANA 46617 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION 803 LINCOLNWAY WEST SOUTH BEND, INDIANA 46616 3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , I.F APPLICABLE: Nf A 4) . IT IS DESIRED AND REQUESTED, THAT THIS PROPERTY BE REZONED: 2 FROM: "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT 'GB" GENERAL BUSINESS DISTRICT URBAN CORRIDOR XULTIFAMILY DISTRICT "MF2" HIGH DENSITY MULTIFAMILY DISTRICT TO; "PUP PLANNZP UNIT DEVELOPMENT DIS'T'RICT 5) THIS REZONINg IS REOMSTED TO ALLOW TUB FOLLOWING USE IS) A) . SINGLIC-FANTLY RESIDENTIAL DEV.EL 0..PJ!M;T. 6) , ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS.; +(C,) A STAI'ZXMT OF PURPOSE ,AND INTENT.; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWN=S AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY, AND M ADDRESSED, STAMPED MVELOPES. FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP. IF AVAILABLE, DRAWN TO SCALE, WHICH ,INCLUDES STREET XANES, PRINTBD IN 8 11a" x 11" FORMAT. FOR- FOR: SOUTH .BEND HERITAGE FOUNDATION CITY Old` SOUTH BEND 803 LINCOLNWAY WEST BOARD OF PUBLIC WORKS SOUTH BEM, IN +46616 131'f FLOOR COUNTY-CITY BUILDING 289-1066 SOUTH BEND, INDIANA 46641 235-9,251 ELVIS WILLIS FOR* 22869 STAT.F ROAD 23 SOUTH BEND RED MLOPX T SOUTH BMM, INDIANA 46614 COMMISSION 233-7457 2.27 W. JEFFERSON BLVD. 121'" ILOOP COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 2.35-9371 FOR; FIVE CORNERS L.L.C. 814 MARIETTA STREET SOUTH BEND, N 46601 2.33- 4 t.,rr r +7 BET KARIUK..I 1056 BUR= ST. 1056 BURNS ST. SOUTH BEND, INDIANA 46616 SOUTH BEND, INDIANA 46616 289-6032 299-5032 3 FOR: Y WORT14EAST NEIGHBORHOOD 3050 By��T ,rte"• 'E.�1`. REVITALIZATION ORGANIZ iTI0N:::�_._._.---•°SL��TTH B'BI�, : win ! 6617 803 LINCOLNWAY WEST 288-1375 SOU'T'H BEND, INDIANA 4663,6 ?.89-•1066 PETITTOMD PREPARED BY_ CONTACT PERSON (IF DIF'F"EFa'F'NT) RANCH, HARNER & A:5 S.;CI A'T E S 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 466628 I'I-iC?NE NCIi $9R X574) -234-4003 No: l �V LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 19 OF "HARTMAN AND WOODWORTH'S PLAT", THE PLAT OF WHICH IS RECORDED IN PLAT BOOK #7, PAGE #30 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE ALONG THE EAST LINE OF SAID LOT NUMBER 19, S. 00°21 '11'" E. , 196.76 FEET TO THE INTERSECTION OF THE EXTENSION OF SAID EAST LINE WITH THE CENTERLINE OF SOUTH BEND AVENUE (A.K.A. STATE ROAD 23) ; THENCE ALONG SAID CENTERLINE, S. 51 005104" W. , 1010.75 FEET TO THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF GEORGIANA STREET; THENCE ALONG SAID CENTERLINE OF GEORGIANA STREET, N. 00 020 140" W. , 985.38 FEET TO A POINT ON SAID CENTERLINE AND WESTERLY EXTENSION OF THE NORTH LINE OF LOT NUMBER 70 OF "HARTMAN AND MILLERS" PLAT WHICH IS RECORDED IN PLAT BOOK #7 PAGE # 29, IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF LOT NUMBER 70, N. 89 050118" E. , 621.17 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DUEY STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT #10 OF SAID "HARTMAN AND WOODWORTH'S PLAT"; THENCE ALONG THE EAST LINE OF SAID DUEY STREET FOR THE NEXT THREE (3) COURSES, N. 00°19130" W. , 80.00 FEET AND N. 89°50 '18" E. , 11. 69 FEET AND N. 00°381491" E. , 46.91 FEET TO THE SOUTH LINE OF NAPOLEON STREET; THENCE S. 89 021 '11" E. , 117.11 FEET TO A POINT OF INTERSECTION OF SAID LINE WITH THE EAST LINE OF A 12 FT. PUBLIC ALLEY EXTENDED NORTH; THENCE ALONG THE EAST LINE OF SAID ALLEY AND ITS NORTHERLY EXTENSION, S. 00 020146" E. , 278. 62 FEET TO A POINT AT THE NORTHWEST CORNER OF LOT NUMBER 19 OF SAID "HARTMAN AND WOODWORTH'S PLAT"; THENCE ALONG SAID NORTH LINE, N. 89 054151" E. , 39.29 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: LOTS # 79 AND #80 OF THE PLAT OF "HARTMAN AND MILLERS" SUBDIVISION WHICH IS RECORDED IN PLAT BOOK #7 PAGE # 29, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. CONTAINING 12. 14 ACES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Filed In 0. fice N,101 ww� JOHN., CITY CLER Property Owners Within 300 Feet Kamilla Kapacinska & Greg Horning City of South Bend Five Corners LLC 1126 Frances St 227 W Jefferson Blvd.Ste.1200 814 Maietta St South Bend,. IN. 46617 South Bend, IN. 46601 South Bend, IN, 46601 Tax Key#018 5105 3677 Tax Key#018 5097 3446 Tax Key#018 5100 3539 Northeast Neighborhood Northeast Neighborhood University of Notre Dame Du Lac Revitalization Organization Inc. Revitalization Organization Inc. 725 Grace Hall 803 LinconWay West 803 LinconWay West Notre Dame, IN, 46556 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key#018 5101 3565 Tax Kau it n18.r,1n1 '3.smi Tax KPv#n 1 R 51 n1 3413 University of Notre Dame Du Lac City of South Bend Northeast Neighborhood 725 Grace Hall 227 E Jefferson Blvd, Revitalization Organization Inc Notre Dame, IN. 46556 South Bend, IN. 46601 803 LincolnWay W Tax Key#018 5101 3564 Tax Key#018 5100 3537 South Bend, IN, 46616 Tax KPv#n 1.9 51 nn Northern Neighborhood Samuel & Betty Kariuki University of Notre Dame Du Lac 803 LincolnWay W 1056 Burns 725 Grace Hall South Bend, IN. 46616 South Bend, IN. 46617 Notre Dame, IN, 46556 Tax Key# 018 5099 3492 Tax Key#018 5099 3493 Tax Key#018 5098 3457 James O Harris Northwest Neighborhood Northwest Neighborhood 1125 South Bend Ave Revitalization Organization Inc Revitalization Organization Inc. South Ben, IN. 46617 803 LincolnWay W 803 LincolnWay W Tax Key#018 5098 3458 South Bend, IN, 46616 South Bend, IN. 46616 Ta x KPv it n 1 R .r,i nn .1x,41 Tax KPv#n is 51 nn 154-2 University of Notre Dame Du Lac University of Notre Dame Du Lac City of South Bend 725 Grace Hall 725 Grace Hail 227 W Jefferson Blvd. Notre Dame, IN.46556 Notre Dame, IN. 46556 South Bend, IN. 46601 Tax Key#018 5101 3567 Tax Key# 018 5101 3568 Tax Key#018 5100 3540 Five Corners LLC University of Notre Dame Du Lac Johnnie R Johnson 814 Marietta 725 Grace Hall 1124 N Eddy South Bend, IN. 46601 Notre Dame, IN, 46556 South Bend, IN. 46617 Tax Key# 018 5095 3351 Tax Key# 018 5105 3690 Tax Key#018 5101 3552 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, IN. 46556 Notre Dame, IN, 46556 Notre Dame, IN. 46556 Tax Key#018 5100 3526 Tax Key#018 5101 3553 Tax Key#018 5100 3527 City of South Bend Northeast Neighborhood Northeast Neighborhood 227 W Jefferson Blvd. Ste.1200 Revitalization Organization Inc Revitalization Organization Inc South Bend, IN. 46601 803 LincolnWay W 803 LincolnWay W Tax Key#018 5097 3422 South Bend, IN, 46616 South Bend, IN, 46616 Tax KPv#n1 R .sng7 R44A Tax KPv#018 50A7 344A University of Notre Dame Du Lac Joanne Murphy Trustee University of Notre Dame Du Lac 725 Grace Hall 7984 June Lake Drive 725 Grace Hail Notre Dame, IN. 46556 San Diego, CA. 92119 Notre Dame, IN. 46556 Tax Key#018 5105 3692 Tax Key#018 5105 3694 Tax Key#018 5105 3695 City of South Bend Redevelopment University of Notre Dame Du Lac University of Notre Dame Du Lac 227 W Jefferson 12th Floor 725 Grace Hall 725 Grace Hall South Bend, IN. 46601 Notre Dame, IN. 46556 Notre Dame, IN, 46556 Tax Key#018 5099 3502 Tax Key#018 5098 3463 Tax Key#018 5098 3464 Northeast Neighborhood Northeast Neighborhood University of Notre Dame Du Lac Revitalization Organization Inc. Revitalization Organization Inc. 725 Grace Hall 803 LincolnWay W 803 LincolnWay W Notre Dame, IN. 46556 South Bend, IN. 46616 South Bend, IN, 46616 Tax Key#018 5098 3455 Tax Kpv#n1 R 50Pq 3514 Tax KPv#n1 R !in gg .14Rq University of Notre Dame Du Lac South Bend Heritage Foundation City of South Bend Redevelopment 725 Grace Hall 803 LincoinWay W 227 W Jefferson Notre Dame, IN. 46556 South Bend, IN. 46616 South Bend, IN. 46601 Tax Key#018 5105 369701 Tax Key#018 5099 3499 Tax Key#018 5099 3498 University of Notre Dame Du Lac Wayne N Curry Jr. University of Notre Dame Du Lac 725 Grace Hall 1050 Burns St 725 Grace Hall Notre Dame, IN. 46556 South Bend, IN. 46617 Notre Dame, IN. 46556 Tax Key#018 5098 3462 Tax Key#018 5099 3500 Tax Key#018 5098 3461 State Of Indiana Northeast Neighborhood Northeast Neighborhood 100 N Senate Revitalization Organization Inc, Revitalization Organization Inc. Indianapolis, IN. 46204 803 LincolnWay W 803 LincolnWay W Tax Key# 018 5095 3348 South Bend, IN, 46616 South Bend, IN. 46616 Tax KPv#nip .ringq 34gni Tax KPv*n1 R 5ngq R495 City of South Send Redevelopment Northeast Neighborhood Samuel& Betty Kariuki 227 W Jefferson Revitalization Organization Inc 1054 Burns Ave South Bend, IN. 46616 803 LincolnWay W South Bend, IN. 46617 Tax Key#018 5098 3459 South Bend, 1N. 46616 Tax Key#018 5099 3497 Tax KPv 4 018 .rings uRn University of Notre Dame Du Lac Kevin & Dorothy Ranaghan Northeast Neighborhood 725 Grace Hall 1003 St.Vincent Revitalization Organization Inc. Notre Dame, IN. 46556 South Bend, IN. 46617 803 LincolnWay W Tax Key#018 5105 3697 Tax Key#018 5105 3681 South Bend, IN. 46616 Tax KPv*018 5097 141., Northeast Neighborhood City of South Bend Northeast Neighborhood Revitalization Organization Inc 227 W Jefferson Blvd. # 1200 Revitalization Organization Inc 803 LincolnWay W South Bend, IN. 46601 803 LincolnWay W South Bend, IN. 46616 Tax Key#018 5097 3447 South Bend, IN. 46616 Tax Kau#n1R 51n1 iSRg Tax Kav#niFt 5ng7 '1459 University of Notre Dame Du Lac Northeast Neighborhood Homeworks Holdings LLC 725 Grace Hall Revitalization Organization 2913 Mishawaka Avenue Notre Dame, IN. 46556 803 LincolnWay W Mishawaka, IN. 46545 Tax Key#018 5101 355801 South Bend, IN, 46616 Tax Key#018 5095 3349 Tax KQv it n1 R 5ng7 34SI Northeast Neighborhood William &Angela Appleby Purcell Kevin & Dorothy Ranaghan Revitalization Organization Inc. 1004 St.Vincent 1003 St.Vincent 1054 Georgiana South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key#018 5105 3682 Tax Key#018 5105 3679 Tax KPv Kpv#nip .Fingq 34g1 University of Notre Dame Du Lac Johnnie R Johnson University of Notre Dame Du Lac 725 Grace Hall 1124 N Eddy St 725 Grace Hall Notre Dame, IN. 46556 South Bend, IN. 46617 Notre Dame, 1N, 46556 Tax Key#018 5101 3554 Tax Key#018 5101 3555 Tax Key#018 5101 3557 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN, 46556 Tax Key#018 5100 3528 Tax Key#018 5100 3529 Tax Key#018 5100 3530 Northeast Neighborhood Northeast Neighborhood Christopher Meehan Revitalization Organization Inc. Revitalization Organization Inc 107 S Greenlawn Ave 803 LincolnWay W 803 LincolnWay W South BEnd, IN, 46617 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key#018 5105 3685 Tax KPv it n1R .r;ng7 R4)5 Tax KPv it n1R .ri1n1 Rr,RR University of Notre Dame Du Lac NNRO Northeast Neighborhood 725 Grace Hall 803 LincolnWay W Revitalization Organization Inc. Notre Dame, IN. 46556 South Bend, IN. 46616 803 LincolnWay W Tax Key#018 5105 3696 Tax Key#018 5099 3487 South Bend, IN, 46616 Tax KPv#n1 R nnn4 34RR University of Notre Dame Du Lac Alexander Rowell Northeast Neighborhood 725 Grace Hall 1248 South Bend Avenue Revitalization Organization Inc, Notre Dame, IN. 46556 South Bend, IN, 46617 803 LincolnWay W Tax Key#018 5098 3456 Tax Key#018 5095 3350 South Bend, IN. 46616 Tax KPv#nip sinn R54R University of Notre Dame Du Lac Northeast Neighborhood City of South Bend 725 Grace Hall Revitalization Organization Inc. 227 W Jefferson Blvd. Ste,1200 Notre Dame, IN. 46556 803 LincolnWay W South Bend, IN, 46601 Tax Key#018 5101 3574 South Bend, IN, 46616 Tax Key#015 5100 3547 Tax KPv4n1R .rj1n1 29Mr, Elvis Willis City of South Bend Redevelopment University of Notre Dame Du Lac 22869 State Road 23 227 W Jefferson 725 Grace Hall South Bend, IN. 46614 South Bend, IN, 46601 Notre Dame, IN. 46556 Tax Key#018 5100 3546 Tax Key#018 5101 3573 Tax Key#018 5101 3577 Northeast Neighborhood Northeast Neighborhood Northeast Neighborhood Revitalization Organization Inc. Revitalization Organization Inc. Revitalization Organization Inc. 803 LincolnWay W 803 LincolnWay W 803 LincolnWay W South Bend, IN. 46616 South Bend, IN. 46616 South Bend, 1N. 46616 Tax KPv#n1Rs1nnR*r,1 Tax KPv#n1R51 n1 V578 Tax KPv it 01AginnM49 University of Notre Dame Du Lac City of South Bend Redevelopment University of Notre Dame Du Lac 725 Grace Hail 227 W Jefferson 725 Grace Hall Notre Dame, IN. 46556 South Bend, IN. 46601 Notre Dame, IN, 46556 Tax Key#018 5101 3576 Tax Key#018 5100 3550 Tax Key#018 5101 3570 University of Notre Dame Du Lac Northeast Neighborhood Elvis Willis 725 Grace Hall Revitalization Organization Inc. 22869 State Road 23 Notre Dame, IN. 46556 803 LincolnWay W South Bend, IN, 46614 Tax Key#018 5101 3571 South Bend, IN. 4661.6 Tax Key#018 5100 3543 Tax Kpv#nip 51111 3572 Northeast Neighborhood Northeast Neighborhood City of South Bend Revitalization Organization Inc. Revitalization Organization Inc. 227 W Jefferson Blvd. Ste,1200 803 LincolnWay W 803 LincolnWay W South Bend, IN. 46601 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key#018 5097 3445 Tax Kav#n1R .Fi1nn .1544 Tax Kav#01R Sinn Si.T,4fi Kevin & Dorothy Ranaghan Angela Coar University of Notre Dame Du Lac 1003 St.Vincent 3604 Springbrook 725 Grace Hall South Bend, IN. 46617 South Bend, IN. 46614 Notre Dame, IN. 46556 Tax Key#018 5105 3680 Tax Key#018 5105 3693 Tax Key#018 5101 3556 University of Notre Dame Du Lac Housing Authority South Bend Heritage Foundation Inc 725 Grace Hall 501 S Scott 803 LincolnWay W Notre Dame, IN. 46556 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key# 018 5100 3525 Tax Key# 018 5097 3423 Tax Key#018 5100 3536 South Bend Heritage Foundation Inc Northeast Neighborhood Northeast Neighborhood 803 LincolnWay W Revitalization Organization Inc. Revitalization Organization Inc. South Bend, IN. 46601 803 LincolnWay W 803 LincolnWay W Tax Key# 018 5100 3534 South Bend, IN. 46616 South Bend, IN. 46616 Tax Kav it nip 5ng7 '1411 Tax Kov#n1R 51nn Rsm University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, IN. 46556 Notre Dame, IN, 46556 Notre Dame, IN. 46556 Tax Key#018 5101 3561 Tax Key#018 5101 3562 Tax Key#018 5101 3559 South Bend Heritage Foundation Northeast Neighborhood Northeast Neighborhood 803 LincolnWay W Revitalization Organization Inc. Revitalization Organization Inc. South Bend, IN. 46616 803 LincolnWay W 803 LincolnWay W Tax Key#018 5100 3531 South Bend, IN, 46616 South Bend, IN. 46616 Tax Kav#n1R 5ng7 3428 Tax K+?v#n1R .r,1n1 jjjfin City of South Bend Redevelopment Johnnie R Johnson City of South Bend Redevelopment 227 W Jefferson 1124 N Eddy 227 W Jefferson South Bend, IN. 46601 South Bend, IN. 46617 South Bend, IN. 46601 Tax Key#018 5100 3532 Tax Key# 018 5101 3558 Tax Key#018 5100 3533 Madeline Zach Angela Coar Kite Realty Eddy Street Land LLC 1122 N Frances St 3604 Springbrook 725 Grace Hall South Bend, IN. 46617 South Bend, IN. 46614 Notre Dame, IN. 46556 Tax Key#018 5105 3678 Tax Key#018 5105 3691 Tax Key#018 5102 357919 Kite Realty Eddy Street Land LLC University of Notre Dame Du Lac University of Notre Dame Du Lac 725 Grace Hall 725 Grace Hall 725 Grace Hall Notre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key#018 5102 357918 Tax Key# 018 5102 357902 Tax Key#018 5123 439202 Trustees Of Indiana University Five Corners LLC University of Notre Dame Du Lac 530 E Kirkwood Ave. Ste.204 814 Marietta Street 725 Grace Hall Bloomington, IN, 47408 South Bend, IN.46601 Notre Dame, IN. 46556 Tax Key#01 8 5123 439204 Tax Key#018 5094 3311 Tax Key#018 5098 3478 University of Notre Dame Du Lac Five Corners LLC State of Indiana 725 Grace Hall 814 Marietta St 100 N Senate Ave Notre Dame, IN. 46556 South Bend, IN. 46601 Indianapolis, IN. 46204 Tax Key#018 5098 347701 Tax Key#018 5087 308401 Tax Key#018 5094 3322 University of Notre Dame Du Lac University of Notre Dame Du Lac Janette & Sherry Miller 725 Grace Hall 725 Grace Hall 1122 South Bend Avenue Notre Dame, IN, 46556 Notre Dame, IN. 46556 South Bend, IN. 46617 Tax Key#018 5105 3700 Tax Key# 018 5106 3736 Tax Key#018 5094 3314 Calet Partnership Gross & Cohen Notre Dame LLC Five Corners LLC 509 N Calhoun St 3731 5th Avenue South 814 Marietta Mishawaka, IN. 46545 Birmingham, AL, 35253 South Bend, IN, 46601 Tax Key#018 5094 3318 Tax Key#018 5030 108503 Tax Key#018 5094 3323 Philip Slatt 1026 Corby Land Trust 1026 Corby Land Trust 1015 E Corby 814 Marietta 814 Marietta South Bend, IN, 46617 South Bend, IN, 46601 South Bend, IN, 46601 Tax Key#018 5106 3738 Tax Key#018 5030 1085 Tax Key#018 5030 108505 Five Corners LLC 5 Corners LLC Five Corners LLC 814 Marietta St 814 Marietta St, 814 Marietta St South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 5087 3085 Tax Key#018 5087 3086 Tax Key#018 5087 3087 Five Corners LLC Five Corners LLC Five Corners LLC 814 Marietta St 814 Marietta St 814 Marietta St South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key#018 5087 3088 Tax Key#018 5087 3089 Tax Key#018 5030 108501 Five Corners LLC Gross& Cohen Notre Dame LLC Five Corners LLC 814 Marietta St 3731 5th Avenue South 814 Marietta St South Bend, IN. 46601 Birmingham, AL, 35253 South Bend, IN. 46601 Tax Key#018 5094 3313 Tax Key#018 5030 108502 Tax Key#018 5094 3320 Five Corners LLC North Hill St LLC Five Corners LLC 814 Marietta St 812 E LaSalle St 814 Marietta St South Bend, IN. 46601 South Bend, IN. 46614 South Bend, IN. 46601 Tax Key#018 5094 3321 Tax Key# 018 5030 1084 'fax Key#018 5087 308201 Five Corners LLC Philip Slatt Five Corners LLC 814 Marietta St 1015 E Corby 814 Marietta St South Bend, IN. 46601 South Bend, IN. 46617 South Bend, IN. 46601 Tax Key#018 5087 3083 Tax Key#018 5106 3745 Tax Key#018 5094 3324. Craig Owsley POM Property Inc. Five Corners LLC 1039 Talbot 25416 CR 6 Ste.102 814 Marietta St South Bend, IN. 46617 Elkhart, IN. 46514 South Bend, IN. 46601 Tax Key#018 5095 3360 Tax Key#018 5095 3345 Tax Key#018 5099 3512 Five Corners LLC Northeast Neighborhood Bertha Hill 814 Marietta St Revitalization Organization Inc. 1236 South Bend Avenue South Bend, IN. 46601 803 LincolnWay W South Bend, IN. 46617 Tax Key#018 5099 3511 South Bend, IN. 46601 Tax Key#018 5095 3347 Tax Kpv#MR finA9 ,I51nn1 Northeast Neighborhood Kite Realty Eddy Street Land LLC Double Domer Properties LLC Revitalization Organization Inc. 725 Grace Hail 812 W 15th Place 803 LincolnWay W Notre Dame, IN. 46556 Chicago, IL, 60608 South Bend, IN. 46601 Tax Key#018 5102 357920 Tax Key#018 5095 3331 Tax Kpv#0 I SnAA Ifii14 Edward & Irene Cour Kamilla Kapacinska/Greg Horning PO Box 809 1126 Frances Notre Dame, IN. 46556 South Bend, IN. 46617 Tax Key#018 5105 3689 Tax Key#018 5105 3676 Filed in {W°' � � 1) Z 0 l CITY CLERK,Sou h SEND,IN �,S�CJTh1 B F,M U 1; _...1865 CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER November 9, 2011 Mr. Derek Dieter President, South Bend Common Council 41" Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 re: Ordinance Fixing the Salary for the Mayor of South bend for the fiscal year commencing on January 1, 2012 and ending December 31, 2012 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the annual salary compensation for the Mayor of the City of South Bend for the fiscal year commencing on January 1, 2012 and ending December 31, 2012. The compensation represents a 2% increase from the 2011 salary ordinance amount. This bill is respectively submitted for 1St read filing with the Common Council for the council meeting scheduled for November 14, 2011, 2°d read and public hearing, 3rd read and council vote at the November 28, 2011 Common Council meeting. This bill will be presented to the Common Council by the Mayor and Controller as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respe tAlaan mitted, Gregg a cc: J. t-uecke, Mayor of the City of South Bend DeRose, Chief Assistant Ci ty Attorney John Voorde, Clerk of the City of South Bend Kathleen Cekanski-Farrand, Attorney for the Common Council County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601-18304' Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 Approved and signed by me on the day of , 2 , at o `clock m. Mayor, City of South Bend, Indiana ce a - 1 L(A 'i,t READING +'wl PUBLIC FEARING 3 rd READING vo Rb NOT APPROVED Ct' Cpl lz: UT;j PASSED o���l;1 11 V8/4d City ty of South Bend ©lti4AGk/j Common Council M � 1865 441 County-City Building . 227 W.jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbeadin.gov Derek D. Dieter November 9, 2011 President . Members of the Common Council Oliver J. Davis 4th Floor County-City Building Vice-President South Bend, Indiana 46601 Timothy A. Rouse Chairperson, Committee Re: Proposed Zoning Ordinance to Permit the Raising and Care of of the Whole Chickens as an Accessory Use in the City of South Bend Derek D. Dieter Dear Council Members: First District Henry Davis, Jr. Earlier this year, the Council's Zoning and Annexation Committee authorized Second. District the filing of a proposed text amendment to the current city zoning regulations codified in Chapter 21 of the South Bend Municipal Code. Thomas LaFountain Third District l am attaching a draft of a zoning text amendment which would: Ann Puzzello ® Add definitions for chicken coop or chicken pen and add them to the list Fourth District of accessory buildings in residential districts David Varner Fifth District a Add Development Standards for chickens, chicken coops and chicken pens by limiting the total number of chickens allowed to four (4) per Oliver J. Davis dwelling and would only permit female chickens Sixth District Al "Buddy" Kirsits Would set standards for all enclosures and require a building permit for all At Large such accessory structures which are associated with a limited agriculture permit in order to address health and safety concerns Timothy A. Rouse At Large A companion ordinance addressing specific health and public safety regulations will be filed at a later date so that the public hearings on both of Karen L. White the proposed ordinance can be held on the same date. At Large I look forward to sharing more information with you. Sin ounce m r Hear Davis Jr. ^�P.., m Second District Attachment CITY CLERPt, h Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2,RESIDENTIAL DISTRICTS,TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect in May 2004. It has been brought to the attention of the Common Council that it consider allowing the raising of chickens on residential lots. Therefore,the following changes need to be made to the Zoning Ordinance to facilitate the keeping of chickens in residentially zoned properties. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code,Article 2 Residential Districts, Section 21-02.11 General Regulations for Residential District is hereby amended as follows: (a) Accessory Uses,Buildings and Structures. (3) Additional Development Standards for Accessory Uses,Buildings or Structures in any Residential District. (A) Accessory Buildings: (iv)Maximum Number of Accessory Buildings—The total number of detached accessory buildings on a lot shall not exceed one (1) accessory building,provided however, a storage shed, chicken caop or chicken pen with a total floor area of one- hundred and twenty (120) square feet or less shall not count as an accessory building for the purposes of this paragraph; and, 1 Section H. Chapter 21,Zoning, of the South Bend Municipal Code,Article 2 Residential Districts, Section 21-02.11 General Regulations for Resideptial District, is hereby amended by adding a new subsection, as follows: (a) Accessory Uses,Buildings and Structures. (4) Additional Development Standards for Chickens, Chicken Coops, and Chicken Pens. The purpose of this section is to authorize and provide standards for the keeping of chickens and the establishment of chicken coops and chicken pens. It is intended to enable residents to responsibly keep a small number of chickens on a non-commercial basis while limiting the potential adverse impacts on the surrounding properties: (A) Chickens. i. The keeping of chickens shall be allowed only in the SF and SF2 Single and Two Family Residential Districts and shall further be subject to the following regulations ii. Number and Types of Chickens Allowed. a. The maximum number of chickens allowed is four (4)per Dwelling, Single Family. b. Only female chickens are allowed. Roosters are specifically prohibited. (B) Enclosures. i. A chicken coop and chicken pen shall be provided. Chickens shall be secured in the chicken coop during non- daylight hours. During daylight hours chickens may be located in the chicken pen. ii. The chicken coop shall be enclosed with solid material on all sides and have a solid roof and door(s). The coop shall be at least 18 inches high, and provide at least 3 square feet of floor area per chicken. The coop shall provide 1 square foot of window per 15 square feet of floor area, and vents as necessary to ensure adequate ventilation. The materials for each element, e.g., walls, roof,windows and doors, shall be uniform and in harmony with the primary residential structure. Doors shall be constructed so that they can shut and lock. Windows shall be constructed so they can shut. Windows and vents shall be covered with wire that is 14 1/2-gauge or less with maximum spacing of I inch by 1 inch. The coop shall be impermeable to rodents, wild birds, and predators, including dogs and cats. 2 C.-MCUME--1UTALBOOMTOCALS-1 1TemplXPUpwiselchicken ORD 4.0.doc (H) Additional requirements for the keeping of chickens shall be found in Chapter S Animals and Fowl. Section III. Chapter 21, Zoning,of the South Bend Municipal Code,Article 11,Definitions, is hereby amended by adding the following two, new definitions, as follows: Chicken Coop: A structure for the sheltering of chickens. Chicken Pen: An enclosure that is connected to and/or surrounding a chicken coop for the purpose of allowing chickens to leave the coop while remaining in an enclosed predator-safe environment. Section IV. 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: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2011, at o'clock m. City Clerk 4 C:IDOCUME—I VTALBOOMI LOCALS-11Temp\XPgrpwisc\chicken ORD 4.0.doc Approved and signed by me on the day of ,2011, at o'clock M. Mayor of the City of South Bend, Indiana F! in Clip,rkrs- ice t s! READING .� PUMC HEARING 3 rd READING NOT APPROVED S JOHN V0 CITY CLERK SO� � REFERRED PASSED 5 - RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT ±2.04 acre site consisting of vacant land to the south side of Prairie Avenue, to the west of 2610 Prairie Avenue, South Bead,Indiana 46614 WHEREAS,Indiana Code Section 36-7-4-918.6,requires the Common Council to give notice pursuant to Indiana.Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area 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: ±2.04 acre site consisting of vacant land to the south side of Prairie Avenue, to the west of 2610 Prairie Avenue, South Bend, Indiana 46614 in order to permit the use of a fire station in"LB" Zoning. 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, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION PV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area 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. . 0- 0 Member of the Common Council w. #RESENTED NOT APPROVED WDOPTED ,moo Wt=.smsroa au�rrwuory iiswaruoa m'awfunw DVWlSLYIS! 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A A A A .A A A A A .P A A A A A V A CA CD O) Q1 - qS m O) m 0) CA O) Qi al O) O) p) ¢) O) O) W CS) (3) a) O) O) p) A m C3) 0) 0) V [ri A A .P A A A A A A A A C) A A w Lp W -n -+ 'T� m N N �7 ")'I s �'! TI -" N Z7 N N N N N N 3a' ym N) rn Dm Dm y5 Dm N Dm N N) rol)i V+ 7D � C A Z7C o �r M cn w mn rn0 L 2 m0 m0 rnn D m �pi E r- A co m A m A A A CA ON Fn A f)t Rt rn m -{ k m m X X X m z cn U3 U3 to U] [n U] cn U] W Cn U) Cn Cn CD cn 0 0 a O O 0 0 O 0 O O O C] () p O G C c C G C 3 =' S a• =' C. S S S m W 03 C3 m ca 03 CD rs1 m iD rA 03 CU co W m m m m m m m CD m m (D m m m m (D a a a a a a a a a a a 5 a a a n CL C1 M m C3. rL Ll CL m 11 Q Cl C1 L1 Cl C2 z Z- z z Z z z }). CT CD 0) 0) m C) [31 _O p1 W p1 W W Oi Q) 4) 0) 0) R) O) A A A A A A A A A A A .P A A A AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 The Honorable Common Council 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 11/2/11 Dear Council Members: The above referenced petition of Bruno & Rosa Cataldo was legally advertised on October 20, 2011. The Area Board of Zoning Appeals gave it a public hearing on November 2,2011, 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 to allow a fire station in a"LB" district, on property located on vacant land on the south ,side of Prairie Avenue west and adjacent to 2610 Prairie Avenue, is sent to the South Bend Common Council with a Favorable 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, Mark A. Lyons Assistant Zoning Administrator MAL/cah CATALD SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT 13E INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health,safety, morals, and general welfare of the community, 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITX OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Mend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 2ND Day of NOVEMBER, 2011. YES NO C! MICHAEL URBANSKI ABSENT RANDALL MATTHYS a] JACK YOUNG 0 GERALD PHIPPS D ROBERT HAWLIEY ABSENT JOE VELLEMAN D BRENDAN CRUMLISH A Area Board of Zoning Appeals—November 2, 2011 There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. MR. HAWLEY: The fire station, the other one that's there now, are they going to shut that down or...? MR. KNIP: Yes. MR. CRUMLISH: This plan does it show the proper landscaping requirements? MR. KNIP: They have not submitted that... MR. LYONS: This is kind of a generic petition they've submitted. They do not have a final site layout done yet for it. We may see them back for variances down the road once they get further along with the process of designing the site. A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion of carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-915.5; therefore, the petition for Special Exception is sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION 10 Page 1 of 1 Janice Talboom - Special Exception From: Corey Cressy To: "Janice Talboom (jtalboom(a southbendin.gov)" Date: 11/7/20113:42 PM 3 Subject: Special Exception Janice, Could you please set the date for my requested Special Exception to December 12th to coincide with my rezoning request? Thanks, Corey Cressy 110d fn CIOWS Offyer� .� s i NOV — I Zell TV ili-f file://C:1Documents and SettingslJTALBOOKLocal Settings lTemplXPgrpwise14EB71{C4... 11/7/2011 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED TO THE NORTH OF 1145 NORTHSIDE BLVD.AND TO THE WEST OF 947 LOUISE STREET WITH A PARCEL ID OF: 018-6014-031802 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5,of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property with a Parcel ID of 018- 6014-031802 in order to permit the special use of Outdoor Recreational Uses within the Community Business zoning to allow the YMCA to use all or a portion of the parcel for playing fields for such activities as soccer and baseball. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk.. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council { i LII Dear Members of the Area Board of Zoning Appeals, I, Corey Cressy,petition to have a variance on the property located at 1145 Northside Blvd. South Bend, IN 46615 with a parcel number of 018-6014-0319 that would allow for 29 parking spots rather than the required 135 parking spots. This is requested because petitioner has entered into a License Agreement with the YMCA to use approximately 133 of their parking spots. I also petition to have the perimeter landscape requirements be as shown on the attached site plan and that no landscaping be required on the south face of the building for this parcel. I also petition to have a special use on the adjacent vacant ground to the north with a parcel number of 018-6014-031802 to allow for Outdoor Recreational Uses within the Community Business zoning so that the YMCA can continue to use all or a portion of this ground for playing fields or for outdoor receptions. This parcel is currently zoned Mixed Use but I have petitioned to rezone this parcel to Community Business to keep it consistent with 1145 Northside Blvd. which I have under contract to purchase. I also petition to have the perimeter landscape requirements be as shown on the attached site plan for this parcel. My address is 3930 Edison Lakes Pkwy. Ste. 200 Mishawaka, IN 46545 and my phone number is 574-485-1513. I am the trustee for the Corey D. Cressy Revocable Trust which is the contingent purchaser of both of the properties and I will be presenting the petition. The current owner of 1145 Northside Blvd. South Bend, IN 46615 with a parcel number of 018-6014-0319 is .Hershey Properties LLC with an address of 68555 Oak Rd. Lakeville, IN 46536, Their number is 574-210-5251. The current owner of parcel number of 018-6014-031802 is YMCA with an address of 1201 Northside Blvd. South Bend, IN 46615. Their number is 574-287-9622. Approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because the contingent purchaser has come to an agreement with the adjacent property owner(YMCA)to share their parking to accommodate for any parking that can not be accommodated on 1145 Northside Blvd. Also, the adjacent property owners' hours of operation will not be the same as that of a reception hall. Also, the special use allowing the YMCA to use the vacant land as playing fields will not be injurious to the public health, safety, morals, and general welfare of the community because that is what it is currently used for. The use and value of the area adjacent to the property included in the variance will not be affected in an adverse manner because proposed improvements to the building and landscaping will add value to the adjacent properties. Converting this building to a reception hall should also help to raise awareness of the Farmer's Market and YMCA and hopefully help both of those groups. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property because it would require paving playing fields for parking when there is already abundant parking at the YMCA. The property is currently zoned Light Industrial but I am petitioning for the property to be rezoned to Community Business to allow for a reception hall. The property lies in Portage Township. Sincerely, Car D, Cressy PARKING AND RECREATIONAL USE LICENSE AGREEMENT THIS LICENSE AGREEMENT made this—day of ,2011 between YMCA of Michiana Inc., the Licensor, and Corey D.Cressy or his assigns,the Licensee. WITNESSETH: The Licensor agrees to permit the Licensee and its patrons,invitees,agents,and employees to park in the 36 spots on the following premises at any time: Parking lot containing 36 spaces and labeled Parcel D on the attached Exhibit A with a tax id number of 018-6014-031803 which is located in South Bend,Indiana. The Licensor agrees to permit the Licensee and its patrons,invitees,agents,and employees to park in the 97 spots on the following premises at times acceptable to Licensor. Parking lot containing 97 spaces and labeled Parcel E on the attached Exhibit A with a tax id number of 018-6014-031807 which is located in South Bend, Indiana. Licensor and Licensee agree in good faith to work toward a mutually agreeable sharing of the parking on Parcel E. The Licensee agrees to use the premises solely for the purpose of parking for patrons, invitees, agents, and employees of the adjacent property located at 1145 Northside Blvd, The Licensee agrees to permit the Licensor and its patrons, invitees, agents, and employees to use the ground labeled Parcel A on the attached Exhibit A and with a tax id number of 018-6014-031802 for outdoor recreational uses at times acceptable to Licensee. Licensor and Licensee agree in good faith to work toward a mutually agreeable sharing of Parcel A. The Licensor agrees to permit the Licensee and its patrons, invitees, agents, and employees to use the ground labeled Parcel B on the attached Exhibit A and with a tax id number of 018-6014-031808 for outdoor uses at times acceptable to Licensor. Licensor and Licensee agree in good faith to work toward a mutually agreeable sharing of Parcel B. Notwithstanding anything contained herein to the contrary, Licensee shall be permitted to add parking to Parcel A if required by municipal authorities. Licensor hereby agrees to indemnify and hold Licensee harmless from and against any liabilities, causes of action, suits, claims or expenses (including reasonable attorneys' fees) resulting from the negligence or willful misconduct of the Licensor and its patrons,invitees, agents,and employees. Licensee hereby agrees to indemnify and hold Licensor harmless from and against any liabilities, causes of action, suits, claims or expenses (including reasonable attorneys' fees) resulting from the negligence or willful misconduct of the Licensee and its patrons,invitees, agents,and employees. Licensee and Licensor shall each obtain insurance policies covering liability for incidents relating to their uses of the property and such policies shall cover the employees, agents, and invitees of the Licensee and Licensor as the case,may be for any incidents which occur. This Agreement shall be effective and is contingent on the parties reaching agreement concerning an Easement Agreement which shall govern access and use of the respective parcels. S O 1i 21 V rnw�,re .cwo�w... '{� mnasvweamauaonou E ' �z4 ,� it imrei-a� swu.wrvrSOunr' �AII`3�Io IS$Q )I2I I IFHLNOLLdaoa3I __..._._,..__. �. a o9 9 tr n B w z » D b M e b Q }0 N td .. N a d �UJWQm g g w °~vsiv 8 a ° V 6 O x ae m 4 $ .i w er p0 LE a m u Q a � a Y111 z —''�;__,,.., y,.°� fit• �' �' �9 ,r`-'`�J t' tit � '• �3 4 r _ r \ r ' 1 r 7A i PH . � .. -^�.1-.rte^ ........ 1 pCy iy§W —W�ywm y b' �/ o e FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY November is', 2011 To: Board of Zoning Appeals From: Dan Asleson, President/CEO YMCA of Michiana, Inc. RE: Parking Variance 1145 Northside Blvd. Dear Members of the Board of Zoning Appeals, I am writing this letter in support of Corey Cressy's requested parking variance of 1145 Northside Blvd. He has provided to us a License Agreement in which we would grant him the ability to park on our parcels D & E, which contain over 130 parking spots in exchange for us being able to use Parcel A for outdoor recreation;. Although we have not signed off on this agreement, we find it to be generally agreeable and are working in good faith with Corey to finalize this agreement. The License Agreement will need to be approved by our Board of Directors and reviewed by our Board of Trustees. Our next board meeting is scheduled for November 161H Thank you, Dan Asleson President/CEO YMCA of Michiana, Inc. YMCA of Michiana, Inc. 1201 Northside Boulevard, South Bend, Indiana 46615 P 574 287 9622 F 574 282 3752 www.michianaymca.org PARCELID NAME_1 MAILINGAD MAILINGCIT MAILINGSTA MAILINGZIP PROP_AUOR PROP_CITY PROP—ZIP Td PC Se Cor Ruskin&No Side Blvd Plat Sury Pt Nw& S 1I2 Vac HERSHEY 018.6014- Ruskin St N& PROPERTIE 68555 Oak 1145 NORTH 0319 Adj 18-37.3e S LLC Rd Lakeville IN 4653 SIDE South Bend 1N 4661 Inc]47-50 Intl PRODUCERS 1195 1105 E 018.6011- Beyers 2nd MARKET CO Northside NRTHSIDE 0253 Add Replat OF S B Blvd South Bend IN 4661 760 EDDY South Bend IN 4661 Land Bet Ruskin&No 018-6014- Sid Blvd 18- 1201 031807 37-3e YMCA Northside BI ISouth Bend IN 46616 2 LOUISE ST South Bend IN 4661 100'X 165&apps; Beg 967.72' S Of W Line Of Louise St 1153 1153 018-6014- &S Line Mlsh MULBERRY Northside NORTHSIDE 031806 Ave Nw Sec HILL LLC Blvd South Bend IN 4661 BLVO South Bend IN 4fi61 Pis Sold 2.52 018-801.4- Ac N W 1201 1201 NORTH 031802 Quarter 1.15 YMCA Northside Bf South Bend IN 46616 SIDE South Bend IN 4861 GRAND Parcel Adj To TRUNK Boyers 2nd WESTERN 27X RR%CN 525&apps; BUSINESS Along Nthly PI REVEL& 1 i8 VAC LOT 018-6011- Rr Right Of REAL Administration 27X525 026501 Way ESTATE Rd Concord ON L4KiB9 LAFAYETTE South Bend IN 46601 Center tine Of Ruskin& No Side Blvd W Of Louise 018.6014- St Sec 18-37- 1201 031803 3e Ex PI Sold YMCA Northside BI South Bend IN 4661 18 LOUISE South Bend IN 46615 018-6014- .63 Ac Sw Co7 1201 16 LOUISE 031801 Sec 18-37-3e YMCA Northside BI South Bend IN 46615 ST South Bend IN 4661 TRUCK WESTERN R.R.CO. PROPERTY MANAGEME Lots 18.19 Pt NT Lot 27-28-26 DEPARTMEN Boyers 2nd T CIO 17748 Sq.Ft. CANADIAN .tBAC 8 VA,LOT 018-6011- State Board NATIONAL 277 Front St. 026901 Assessed RAILWAY W.,8th Floor Concord ON L4KiB9 LAFAYETTE South Bend IN 46601 38&apps;X GRAND 92&apps; TRUNK Cont 3518 Sq WESTERN &apps;+Or- RR%CN South East& BUSINESS Adj To South DEVEL& 1 18 VAC LOT 018-6011- West Pt Lots REAL Administration 100 BLK 023702 14&15 ESTATE Rd Concord ON L4K1B9 LAFAYETT South Bend IN 46601 Louise St Bet 1201 Ruskin St& 018-6014• No Side Blvd 1201 NORTHSIDE 0318 Sec 18-37-3e YMCA Northsidt)BI South Bend IN 46615 BLVD South Bend IN 4661 018-6014- .43 Ac Sw Coi 1201 1005 LOLnSE 031804 Sec 18.37-3e YMCA Northside Bl South Bend IN 4661 ST South Bend IN 4661 Lot 14&Lot m 15 Ex Td Po Sw End 1206 018-6011- Boyers 2nd RILEY Mishawaka 1206-1208 0237 Add Replat EVERT L Ave South Bend IN 46615 MISHAWAKA South Bend IN 4661 POZGAY Lot 18 Bakers LARRY R 018-6017• &Mchenry AND 921 Roberts 921 0360 Add MARILYN K St South Bend IN 4661E ROBERTS ISouth Bend IN 4661 Beg KOONTZ- 407.74' WAGNER S Of Sw Cor INDIANA Of Louise St REAL &Mish Ave ESTATE 016-6014- Sec 18.37.3e HOLDINGS 3801 Voorde 947 LOUISE 031608 Cont 1.37 Ac LLC Or South Bend IN 46628 ST South Bend IN 46628 DAVIS ROSE Lot 17 Bakers M AND 018-6017- &Mchenrys HAGEDORN 917 Roberts 917 0358 Add ALBERT W Ave South Bend IN 4661E ROBERTS South Bend [N 4661 End Lot 14& Tri Pc Sw End 018-6011- Lot 15 Boyers ZALAS TOBY 1208 Beyer 1208 BEYER 0238 2nd Add J Av South Bend IN 46615 AVE South Bend IN 4661 R o px UKANU 39'X TRUNK 75' WESTERN Cont 2940 Sq RR%CN Ft+-South BUSINESS East&Adj To DEVEL& 1 131 VAC LOT 018-6011- North East Pt REAL Administration 29X75 023701 Lots 14&15 ESTATE Rd Concord ION L4K1 B9 LAFAYEITE South Bend IN 46601 Boyers 2nd S Side W Slde NWNOf River&112 Vac AIIey N& 202 018-6011- Adj 1.50 Ac RONNENBER LINCOLNWA 921 LOUISE 0269 ISec 18-37-2e G LLC Y E STE 100 Mishawaka IN 46 ST South Bend IN 4661 NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public Bearing in the Council Chambers on the 4th Floor of the CountyCity Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 2nd day of NOVEMBER 2011 , at 1:30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was filed by: Corey D. Cressy SEEKING: a variance from the required 135 parking spaces to 29 parking spaces and a variance from the required perimeter landscaping to landscaping as shown on the site plan on a certain real estate in St. Joseph County, Indiana, THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 1145 Northside Blvd. South Bend, IN 46615 AND IS LEGALLY DESCRIBED AS FOLLOWS: PARCEL 1: A part of the Northwest Fractional Quarter of Section 18, Township 37 North, Range 3 East, which part is bounded by a line running as follows: Beginning at a point on the Northeasterly line of North Side Boulevard in the City of South Bend, 46.9 feet Southeasterly from the point of intersection of the said Northeasterly line with the Southeasterly line of the right of way of the Grand Trunk Western Railway, said point of beginning being at the intersection of said Northeasterly line of North Side Boulevard with the Southerly line of proposed Ruskin Street; thence Southeasterly along the said Northeasterly line of said Boulevard, 50.35 feet to an angle in said Boulevard; thence continuing Southeasterly along said Northeasterly line of said Boulevard, 178.10 feet to another angle in said line; thence continuing Southeasterly along said Northeasterly line of said Boulevard, 63.79 feet to an iron stake;thence Northeasterly along a line which forms an angle of 89°11' with the Northeasterly line of said Boulevard, 202.2 feet to an iron stake; thence Northerly along a line which forms an angle with said Southerly line of proposed Ruskin Street of 90°, a distance of 78 feet to the said Southerly line of proposed Ruskin Street; thence Westerly along said Southerly line of said proposed Ruskin Street, 325.82 feet to the place of beginning,now within and a part of the City of South Bend. PARCEL 11: A tract of land located in the Northwest Quarter of Section 18, Township 37 North, Range 3 East, in the City of South Bend, described as follows: Starting at a .point on the West line of Louise Street, which is 550.3 feet South of the Southerly line of Mishawaka Avenue, said point being the intersection of the West line of Louise Street and the Southerly line of Ruskin Street Proposed; thence running North 85°57' West along the South line of Ruskin Street Proposed, 5.72 feet; thence running North 81149' West along the South line of Ruskin Street Proposed, 355.68 feet, more or less,to the point of beginning of this description, from the beginning point thus established;thence running North 81°49' West along the South line of Ruskin Street proposed, 325.82 feet to the East line of North Side Boulevard; thence Northwesterly along the East line of North Side Boulevard 18.80 feet to its intersection with the Southeasterly property line of the Grand Trunk& Western Railroad; thence Northeasterly along the Southeasterly property line of the Grand Trunk & Western Railroad, 5.60 feet to a point on said Southeasterly property line, 20 feet Northeasterly from and at right angles to the South line of Ruskin Street proposed; thence South 81°49' East to a point that is North 8°11' East of the place of beginning;thence South 8°11' East 20 feet to the place of beginning. And also... SEEKING: a special use to allow Outdoor Recreational Uses within the Community Business zoning to allow all or a portion of the parcel to continue to be used as playing fields or outdoor reception. Also seeking a landscape variance from the required perimeter landscaping to landscaping as shown on the site plan. The parcel is currently zoned Mixed Use but a petition has been filed to rezone the parcel to Community Business. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 018-6014-031802 and is located to the north of 1145 Northside Blvd. AND IS LEGALLY DESCRIBED AS FOLLOWS: A lot or parcel of land in the Northwest fractional quarter of Section 18, Township 37 North, Range 3 East, bounded by a line running as follows, viz: Beginning at a point on the southerly right-of-way line of the Grand Trunk Western Railroad 349.74 feet Southwesterly of the Southerly line of Mishawaka Avenue; thence Southwesterly along said right-of-way a distance of 429.80 feet; thence in a Southeasterly direction 685.91 feet to the West line of Louise Street;thence North along the West line of Louise Street, 122.56 feet to a point 407.74 feet South of the South line of Mishawaka Avenue; thence Northwesterly 407.95 feet to the place of beginning; subject to a 20 foot easement lying along and adjacent to the East 354.25 feet of the south boundary of the above described tract of land and being 20 feet in width North and South. Dated thissUu day of d5l �_ AreA Board of Zoning A peals o Carolyn A9 Henry Secretary to the Boarder # '> �'` r 0, j -� Area Board of Zoning Appeals—November 2, 2011 COREY CRESSY The petition of Corey Cressy seeking a Special Exception to allow for Outdoor Recreational Uses in a"CB" District and for a variance from the required 135 parking spaces to 29 spaces; from the required faeade landscaping to no landscaping on the south faeade and from the perimeter landscaping to landscaping as shown on the site plan,on property located at 1145 Northside Blvd. and vacant land northwest of 1145 Northside Blvd., Portage Township. Zoned"CB". MR. COREY CRESSY: My address of my office is 3930 Edison Lakes Parkway, Suite 200, Mishawaka. Hopefully you all just got the handout there. There's a site plan and an aerial and I labeled five parcels, A,B,C jD & E. And I'm going to reference that and hopefully that will make things clearer. Parcel C, which is 1145 Northside Blvd., is currently zoned Light Industrial and there's a tenant in there doing enzyme research but I have that parcel under contract and my intention is to convert that to a reception hall. And I would acquire this property probably at the end of this year. That tenant would remain in there through July of next year and they'd I begin the conversion. But my request for a parking variance from 135 to 29 is practically, I should also point out Parcel B, I have that parcel under contract. It is currently owned by Koontz-Wagner and originally I was going to acquire that and put parking there but meeting with the YMCA, which is hopefully labeled there on your drawing. The YMCA uses Parcel A for their playing fields for their youth program and they would love to see more playing fields so we have agreed to, although we haven't finalized the agreement, to basically swap and A and B. So I would end up with A and C. And the YMCA would acquire B and convert that to playing fields. They could continue using Parcels A for playing fields for exchange they're going to allow me to park on D and E. D has 36 parking spots that they just paved and they almost never use. And E has 97 parking spots. Also in your packet is a license agreement that is just over one page. We haven't finalized that yet. They're still working on it. It has to go to their Board of Directors and Board of Trustees but Dan the CEO at the YMCA also has written a letter in support of my proposed parking variance. And I also point out their primary parking is to the south of their building. There is a lot there, I'm not sure how many parking spots that has, maybe 45, but I'm not intending to use that at all. I'm also requesting a Special Exception for outdoor recreation on Parcel A. That is the one that the YMCA currently owns but I will be acquiring and it's zoned Mixed Use right now which allows playing fields but I'll be going for rezoning to get that to Community Business to make it consistent with Parcel C for a reception hall. So I need to get a Special Exception in order for the YMCA to use that Parcel A to continue to using it as they are using it now which is playing fields. And then finally I'm requesting, if you look at the site that shows Parcel C, the building there. The building is kind of angled compared to Northside Blvd. so it's kind of up for debate where the front of the building is. I believe the west side is the front and that's where I'm going to make the main entry. So I'm asking for a variance not to require landscaping on the south side of the building. There's currently a ramp there and what looks like six parking spots. So I'm requesting that variance and then also that the perimeter landscaping be as shown on the drawing. Right now you can see the railroad tracks go right there and they're way up high and it's very overgrown and I don't want the YMCA to have to modify that. Parcel A is basically going to stay the way it is. So hopefully you followed that and if you have any questions, please let me know. MR. FEDDER: If I understand your request for Special Exception only deals with Parcel A? 11 Area Board of Zoning Appeals—November 2, 2011 There was no one present to speak in remonstrance of this petition. A motion for approval of the variances subject to the Special Exception being approved by the Common Council and the rezoning and purchase of the property was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. A motion was made to send the Special Exception to the Common Council with a Favorable Recommendation and seconded by Mr. Hawley. The motion was carried unanimously. After hearing the evidence on the petition,the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition for variances approved subject to the Special Exception being approved by the Common Council and rezoning and purchase of the property and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation. Based on the testimony presented,the Area Board of Zoning Appeals, after careful consideration, finds the variances granted subject to the Special Exception being approved by the Common Council and the rezoning and purchase of the property and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR VARIANCES GRANTED SUBJECT TO THE SPECIAL EXCEPTION BEING APPROVED BY THE COMMON COUNCIL AND REZONING AND PURCHASE OF THE PROPERTY PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46641 (574) 235-9554 FAX: (574) 235-5541 November 3,2011 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 11/2/11 Dear Council Members: The above referenced petition of Corey Cressy was legally advertised on October 13, 2011. The Area Board of Zoning Appeals gave it a public hearing on November 2, 2011, 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 to allow for Outdoor Recreational Uses, on property located on vacant land northwest of 1145 Northside Blvd., is sent to the South Bend Common Council with a Favorable 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, Mark A. Lyons Assistant Zoning Administrator MAL/cah CRESSY SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF.ZONING APPEALS FINDINGS OF FACT 1. 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 comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND CON.PP-77HENSIV.E PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 2ND Day of NOVEMBER, 201 1. YES NO MICHAEL URBANSKI ABSENT RANDALL MATTHYS FRI JACK YOUNG GERALD PHIPPS Im ROBERT HAWLEY ABSENT JOE VELLEMAN 0 BRENDAN CRUMLISH uss�q �GO�s ;� p ST. JOSEPH COUNTY/SOUTH BEND �r�0UT�8,� a` : ` BUILDING DEPARTMENT s 125 S. LAFAYETTB BLVD. /li d ^ xro SUITE 100 �Q an SOUTH BEND, IN 46601 c (574) 235-9554 TDD 574-235-5567 1865 FAX 574-235-5541 JAMES D.MARKLE, R.A. CHARLES C.BULOT MARK A.LYONS Design/Plan Review Specialist BUILDING COMMISSIONER Asst.Zoning Administrator November 7, 2011 I A 4 1> V� A\ South Bend Common Council 4th Floor, County-City Bldg. South Bend, Indiana 46601 RE: Bill No. 18-11 Dear Honorable Members: I respectfully request that Bill No. 18-11 be added as an item of Special Business to the November 14, 2011 agenda in order to be heard at the meeting on November 28, 2011. Two new fee areas have been added: 1) A Design Review Fee for the Northeast Neighborhood Development Area Overlay Zoning District and 2) a Commercial Plan Review Fee for the South Bend Fire Department. Since I will be out of the country on that date, Mary.Lyons,Assistant Zoning Administrator for the Building Department, will be presenting in my absence. If you have any questions regarding this matter,please feel free to contact me. Sincerely, Charles C. Bulot, C.B.O., C. F, M. Building Commissioner Folled In fark-s Off z F . w•Y CITY CLERK, SECOND SUBSTITUTE BILL NO. 18-11 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES STATEMENT OF PURPOSE AND INTENT On December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further created the "consolidated Building Board", In 1993, by Ordinance No. 8412-93, Subsection 1, the Board created the Building Department as an enterprise fund. Section 6-4(f) of Chapter 6, Building, Article 1, General Provisions, requires periodic review of the permit fees charged by the Department, comparing the fees to those charged by other local governmental entities and comparing the total annual fees collected to the annual cost of operating the Department. This review revealed that the Department has been operating with a deficit in 2009 and 2010, leaving a cash reserve at the end of 2010 of$38,560, Therefore, it has been determined that in order to maintain the enterprise fund, a fee increase will be needed as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section 1, Chapter 6, Article 1, Section 6-4 (b) of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: (b) Unless otherwise provided in the Building Code, the fees to be charged for the issuance of permits by the Department shall be paid at the time the permit is issued. (1) The fee fbr- pemits issued for new construetion and building additions shall be base A upen scleafe footage of sueb new eenstraetion or- addition at the a. Residential t Ten eents ($0,10) pef square footage for the fiFst ene hundred theusand (100,000) square feet and eight eents ($0.08) per- square feet faf eaeh addifieflal squa,re feet, A4th a minimum fee ef Vwnfy dollars ($20,00). b. Gemmemiah Twelve cents ($0.12) per- squafe feetage fer- the -&m one hun theusand (100,000) squafe footage and 4ea cents ($0.10) for eaebadditional squafe I) The fee for permits issued for residential and commercial new construction and buildinrz additions shall be based upon the following; a. Cost per Square Foot (CSF) times the Total Square Footage (TSF) times the Local Variable Factor(LVF) of x,$.00098. b. Cost per Square Foot (CSF) shall be determined by the International Code Council Building Valuation Table in effect in 7anuary.,of each ;near. C. The.cost per square foot (CSF) by occupancy classifications shall be , , amended as follows: 1_Groups_F-1, F-2., H-1,H-2, H-3, H-4, and M shall have the same rate as A-3. _ 2. Groups_1-4,_R-2,and R-4 shall have the same rate as 1-1. 3 Groups S-1, S-2, and U shall have the same rate as R-3. d. Minimum Fee - $30.00 (2) Permits issued for all alterations, repairs, remodeling of existing structures over five hundred dollars ($500.00), fence installations, in-ground pool installations, communication towers, and utilities shall be subject to the following fee schedule: Estimated Construction Costs ..... .............................................................................Permit Fees $1.00 to 1,000.00.............................................................................20.0 30.00 1,001.00 to 2,000.00.........................................................................25: 8 35.00 2,001.00 to 3,000.00................................................................................................30.0(3 40.00 3,001.00 to 4,000.00.................................................................................................35.00 45.00 4,001.00 to 5,000.00.................................................................................................40-00 50.00 5,001.00 to 6,000.00.................................................................................................45-00 55.00 6,001.00 to 7,000.00.................................................................................................50.00 60.00 7,001.00 to 8,000.00.................................................................................................55:80 65.00 8,001.00 to 9,000.00.................................................................................................60.08 70.00 9,001.00 to 10,000.00...............................................................................................65-943 75.00 10,001.00 to 11,000.00.............................................................................................70.0 8 80.00 11,001.00 to 12,000.00.............................................................................................700 85.00 12,001.00 to 13,000.00.............................................................................................80:08 90.00 13,001.00 to 14,000.00.............................................................................................55.00 95.00 14,001.00 to 15,000.00.............................................................................................90.00 100.00 15,001.00 to 16,000.00.............................................................................................95.00 105.00 16,001.00 to 17,000.00........................................................................................... 100.00 110.00 17,001.00 to 18,000.00............................................................................................10-5-90 115.00 18,001.00 to 19,000.00.......................................... ...... ............................ .............110.00 118.00 19,001.00 to 20,000.00............................................................................................1 15.00 121.00 20,001.00 to 21,000.00............................................................................................118.90 124.00 21,001.00 to 22,000.00............................................................................................1-21.80 127.00 22,001.00 to 23,000.00............................................................................................124A 130.00 2 23,001.00 to 24,000.00............................................................................................127.0O 133,00 24,001.00 to 25,000,00.............................................................................................430-00 136.00 25,001.00 to 26,000.00............................................................................................133.00 139.00 26,001.00 to 27,000.00............................................................................................136.00 142.00 27,001.00 to 28,000.00............................................................................................139.00 145.00 28,001.00 to 29,000.00............................................................................................1-42..00 148.00 29,001.00 to 30,000.00............................................................................................145.00 151.00 30,001.00 to 31,000.00............................................................................................148.00 154.00 31,001.00 to 32,000.00............................................................................................l s j.00 157.00 32,001.00 to 33,000.00.................................................................................... ....134.-88 160.00 33,001.00 to 34,000.00............................................................................................13-7,00 163.00 34,001.00 to 35,000.00............................................................................................160.00 166.00 35,001.00 to 36,000.00............................................................................................1€x.00 169.00 36,001.00 to 37,000.00........................................................................................... 1-66.00 172.00 37,001.00 to 38,000.00............................................................................................169.0€)1. 175.00 38,001.00 to 39,000.00............................................................................................172.00 178.00 39,001.00 to 40,000.00............................................................................................175.00 181.00 40,001.00 to 41,000.00............................................................................................ A 184.00 41,001.00 to 42,000.00............................................................................................181.00 187.00 42,001.00 to 43,000.00............................................................................................184:00 I90.00 43,001.00 to 44,000.00........................................1...................................................187.00 193.00 44,001.00 to 45,000.00............................................................................................190.00 196.00 45,001.00 to 46,000.00............................................................................................1900 199.00 46,001.00 to 47,000.00.............................---........................................................1-96.00 202.00 47,001.00 to 48,000.00............................................................................................199.00 205.00 48,001.00 to 49,000.00............................................................................................202.00 208.00 49,001.00 to 50,000.00............................................................................................29.80 211.00 50,001.00 to 51,000.00............................................................................................208.00 214.00 51,001.00 to 52,000.00............................................................................................21-1-08 217.00 52,001.00 to 53,000.00,...... .................... ...............................................................214.00 220.00 53,001.00 to 54,000.00............ ........................................... .......... ........................217.0 223.00 54,001.00 to 55,000.00.............................................................................................220.00 226.00 55,001.00 to 56,000.00............................................................................................223.08 229.00 56,001.00 to 57,000.00............--............................................................. .............226.00 23100 57,001.00 to 58,000.00-.......................................... ...............................................229.00 235.00 58,001.00 to 59,000.00............................................................................................232.0 237.00 59,001.00 to 60,000.00............................................................................................x.00 239.00 60,001.00 to 61,000.00............................................................................................232:80 241.00 61,001.00 to 62,000.00............................................................................................239.00 243.00 62,001.00 to 63,000.00............................................................................................241 0 245.00 63,001.00 to 64,000.00............................................................................................243.00 247.00 64,001.00 to 65,000.00............................................................................................24-5.09 249.00 65,001.00 to 66,000.00............................................................................................24'00 251.00 66,001.00 to 67,000.00.............................................................................. .............249.00 253.00 67,001.00 to 68,000.00,...,......,....----......I...I.....-.............I...11....I.I..I...1.1.1..........251.00 255.00 68,001.00 to 69,000.00............................................................................................253-..00 257.00 69,001.00 to 70,000.00............................................................................................255.00 259.00 70,001.00 to 71,000,00............................................................................................257.00 251.00 71,001.00 to 72,000,00—........................... .............................................................259.00 263.00 72,001.00 to 73,000.00..........................................I.............................,...............,....266-1,00 265.00 73,001.00 to 74,000.00............................................................................................263:88 267.00 74,001.00 to 75,000.00............................................................................................2,65:88 269.00 75,001.00 to 76,000.00............................................................................................2-67.8A 271.00 76,001.00 to 77,000.00............................................................................................26i� 273,00 77,001.00 to 78,000.00............................................................................................271-08 275.00 78,001.00 to 79,000.00............................................................................................273,00 277.00 79,001.00 to 80,000.00............................................................................................275.00 279.00 80,001.00 to 81,000.00............................................................................................277.00 281.00 81,001.00 to 82,000.00............................................................................................279.00 283.00 82,001.00 to 83,000.00............................................................................................281-:98 285.00 83,001.00 to 84,000.00............................................................................................28-3.00 287.00 84,001.00 to 85,000.00............................................................................................285.00 289.00 85,001.00 to 86,000.00............................................................................................287-00 291.00 86,001.00 to 87,000.00............................................................................................2899:-00 293.00 87,001.00 to 88,000.00............................................................................................291-00 295.00 88,001.00 to 89,000.00............................................................................................243-M 297.00 89,001.00 to 90,000.00............................................................................................295.00 299.00 90,001.00 to 91,000.00............................................................................................2n 301.00 91,001.00 to 92,000.00............................................................................................24:08 303.00 92,001.00 to 93,000.00............................................................................................3980 305.00 93,001.00 to 94,000.00............................................................................................39309 307.00 94,001.00 to 95,000.00............................................................................. ..............30:09 309.00 95,001.00 to 96,000.00............................................................................................39300 311.00 96,001.00 to 97,000.00............................................................................................399:88 313.00 97,001.00 to 98,000.00............................................................................................311,A0 315.00 98,001.00 to 99,000.00............................................................................................313.00 317.00 99,001.00 to 100,000.00..........................................................................................315.09 320.00 100,000 and up........................................................................................................315.88 320.00 . Plus, per thousand dollars {$1,000.00} of estimated construction cost thereafter, up to one million dollars ($1,000,000.00) total estimated construction cost ........................... .....9gs 0.90 Plus, per one thousand dollars ($1,000.00) of estimated construction costs thereafter ..8—.5-9 0.60 (3) Thirty dollars ($30.00) for each re-inspection made by department inspectors of commercial and industrial projects. (4) Fifty.della s ($50.00) Sixty dollars ($60.00) for each additional final inspection necessitated by the failure to pass the previous final inspection. 4 (7) Sign Permits. Fees shall be charge-,d for the issuance of permits for the installation or erection of freestanding'signs; billboards, including outdoor and off-premises signs; facia signs; marquee or canopy signs and for lettering on buildings as follows: a. Under one (1) square foot or less of display area and embellishments: No fee b.One (1) square foot to twenty-five (25) square feet of display area and embellishments: T',444 dell., s ($30.004 Forty dollars ($40.00): c.Twenty-six (26) square feet to fifty (50) square feet of display area and embellishments: Fifty dollars ($50:00), Sixt y dollars ($60,00); d Fifty-one (51) square feet to one hundred (100) square feet of display area and embellishments: Eighty-five dollars ($85.00); e. In excess of one hundred (100) square feet of display area and embellishments: One hundred twenty dollars ($120 00); f Temporary signs: Initial ermit, Thirty-five dollars 1$35.00); each �0) Aftyf extension of a temporary permit, Fort, -five dollars ($45.00 . (8) Wrecking and demolition permit fees shall be as follows: a. Residential: 1. $0.02 per square foot, with a minimum fee of Thirty dollars ($30.00). T-w ni-, five dellafs ($25.00) per-aecessery4n4kfing, 2, TNA-y five dellafs ($35.00)per-heuse, b. Commercial: 1. $0.015 per square foot, with a minimum fee of Forty dollars ($40.001Thi#y_f+ve dellar-s ($35*00) per stefy on building��ieh have tip to feur-thousand square fee ray. >which have 3. Seventy five dollars ($75.00) per-story en buildings whi-eh haN,e te�� one (10,00 1) te twelity five thousand(2,000) square fee!per-sfej�7,1 4. One hundred dollars ($100.00)per sfM,en b lildings whieh have evep4wen�y- -eitsand (25,000) square feet Pef (9) Move any one-or two-story building over public streets or alleys: ($190.00). One hundred twenty-five dollars 125.00 (I O)Move any building greater than two (2) stories in height over public streets or alleys: One hundred seventy-five dollars ($175.00). /01A A (I])The fee for installation of a woad-burning stove shall be twenty dellus '0211 11 Thirty dollars 30.00 per flue (including chimney and chimney connector). Section II. Chapter 6, Article 1, Section 6-4.1 of the South Bend Municipal Code be and hereby is amended to read as follows: 1) Board of Zoning Appeals: a. Appeals and Variances - $85.00 b. Special Exceptions - $300.00 c. Each variance filed simultaneously with another variance ors ecial exception - $45.00 2) Improvement Location Permit: a. First Term; $20.00 $30.0 0 b. Renewal: $20.00$45.00 3) Document Processing/Preparation Fees: a. Zoning Verification Only- $25.00 $30.00 b. All Other Documents - $50.00 p rment Commercial Plan Review Fees: 4} _F _ ire De t a,.._ T a Sprinklered Building $348.00 b. Nan-spri klered Building $205.00 c. Addition/Remodel $253.00 * All of the above include a $15.00 Processing Fee 51_ Northeast Nei hborhood Development Area Overlay Zonin District a/k/a Northeast Neighborhood Development Area Design Review Fees., Required for all stand alone residential or commercial new construction, in addition to and separate from any other ermit processing,or review fee: $160.00 The Department's review or processing of all of the above listed matters are subject to form and submission„ requirements which are available for inspection in the office of the Building Department, and viewable on the City website www.southbendin. ov, 6 Section 111. Chapter 6, Article 1, Section 6-6.4(c) of the South Bend Municipal Code be and hereby is amended to read as follows: (c) All installations of wood burning stoves shall be inspected by the Department two (2) times, one (1) each for preliminary venting work and for final, completed installation. The permit holder shall notify the Department at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of twen4y five dellar-s ($25,06) thirty dollars ($30.00) shall be charged for each future inspection of that stage of work. Section IV: Chapter 6, Article 1, Section 6-10, subparts (c) and (e) of the South Bend Municipal Code be and hereby are amended to read as follows: (c) Schedule ofpermit fees. Permits issued for plumbing work within the City shall be subject to the following fee schedule, with a minimum permit fee being twenty dellafs ($20,00) thirty dollars ($30.00). M Each plumbing fixture or trap or set of fixtures on one trap, including water and drainage piping therefore........................................................ 5:08 6.00 Q Each backflow protection...................................................................................... 5-00 6.00 Each building sewer: a. Under 100'..................................................................................................... •1888 12.00 b. 100' or over.................................................................................................... 28-00 25.00 Each building water: a. Under 100'...,,................................................................................................ 10.00 12.00 b. 100' or over................................................................................................... 20.00 25.00 Each water softener.............................................................................................. 6;80 7.00 Each trailer park sewer......................................................................................... 9-.-00 10.00 Each drain within building for rainwater systems................................................ &.40 6.00 Each water heater and/or vent............................................................................... 6-80 7.00 OEach gas reconnection............................................................................................ 20.00 30.00 Each gas piping system, per outl et.......................................................................... 2,0 3.00 1 I Each industrial waste pretreatment interception, including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps........... q:80 8.00 Installation, alteration or repair of water piping and/or water treating equipment., -5-M 6.00 Repair or alteration of drainage or vent piping....................................................... 5-00 6.00 14 Each drywell............................................................................................................10.00 12.00 Each lawn sprinkler system on any one (1) meter, including backflow protection devices thereof.,...........................__.................................................. 5:80 6.00 Fire protection sprinkler system: a. Up to 30 heads...............................................................................................280 30.00 b. Plus each additional 10 heads thereafter .................................................. 7_90 8.00 7) Gas tanks and pumps.....................................__.....................................................10.00 12.00 (18) Back-u enerator - as line: a. 10 Kv or less. 30.00 b. Over 1 OKv...................................................... 50.00 Each re-inspection.............................. ............................................................. 25:48 30.00 Each additional final inspection.......................................................................... 39:08 60.00 (e) All plumbing installations requiring a permit shall be inspected by the plumbing inspector three (3) times, once each for underground work, rough-enin work, and final completion. A complete line test shall also be supervised by the plumbing inspector. The plumbing permit holder shall notify the plumbing inspector at least twenty-four (24) hours in advance of the time the work is ready for inspection, if the work does not pass inspection, a reinspection fee of twenty five dollars thirt dollars ($30.00) shall be charged for each future inspection of that stage of work. Section V. Chapter 6, Article 1, Section 6-24(c) of the South Bend Municipal Code be and hereby is amended to read as follows: (c) Fees, Each application for a permit for installation or alteration of electrical wiring or equipment shall be accompanied by fees in accordance with the schedule below; with a minimum permit fee of thirty dollars($30.00): (1) Temporary service for construction: Allamperage............................................................$ 7.00 (2) Switchboards and panel boards each, new and replaced., 60-amp......................................................................$ 7.00 100-amp.................................................................... 9.00 200-amp.................................................................... 1100 400-amp.................................................................... 15.00 600-amp.................................................................... 20.00 Over 600-amp to 2,000 amp..................................... 25.00 Over2,000 amp........................................................ 50.00 (3) Circuits(new or replaced): a. Each circuit........................................................... 5.00 (4) Horsepower (machinery): a. First hp.................................................................. 7.00 b. Each additional hp................................................ 0.25 (5) Back-up generator: a. 10 Kv or less. 30.00 b. Over 10 Kv. 50.00 (4}(6) Pool wiring and/or bonding..................................20.0 30.00 (6)(7) Repair, extension, and/or maintenance of wiring.........29.08 30.00 (- (8) Reset, relocation, reconnect fees, each........................... 20.00 30.00 (8)(9) Each re-inspection fee......................................................25.08 30.00 (9)-�Each additional 'nal inspection......................................50.48 60.00 8 b. Over 1,500 CFM capacity.................................................. 60.99 120.00 Refrigeration and engine-driven, gas-fired or oil-fired cooling equipment: A. 1 to 5 horsepower, each........................................................15.00 17.00 b. 6 to 10 horsepower, each,.............................. ......................25.99 30.00 c. More than 10 horsepower, each............................................40.09 45.00 Rooftop combination furnace and air conditioning units, 60,000 to 300,000 Btu's, each: a. Up to 7 '/z tons.................................................................... 40.0 45.00 b. 7 % tons or more................................................................ 60.00 70.00 kLOJ Heat pumps: a. 1,000 to 60,000 Btu's input.................................... 2G.00 30.00 b. 60,000 to 300,000 Btu's: 1. Up to 7 % tons, each.................................................40.09 45.00 2. 7 '/z tons or more, each..............................................75-90 85.00 c. Earth, coupled water source...................................................58;00 60.00 I 1 Boilers, steam or hot water: a. Up to 300,000 Btu's........................I.................... 20.0 30.00 b. 300,000 Btu's or more..........................................................50,00 60.00 X1.2_„) Through-wall combination air conditioning/heating and VAV boxes w/coil: a. First unit................................................................................20.00 30.00 b. Each additional unit.................................. ..........................x-0.0 1100 c. Solar heat units..................................................................... 50-00 60,00 Air handlers a. 400 CFM to 2,500 CFM........................................................23-A8 30.00 b. Over 2,500 CFM....................................................................60.00 70.00 (I4) Back-u enerators - gas line: a. 10 Kv or less. 30.00 b. Over 10 Kv. 50 OD 15 Duct and register: a. First 15 openings, per s stem. 30.00 b. Each opening thereafter per system. I,QQ X16) Gas reconnection, each....................................................................... 20-0030.00 17 Gas piping (distribution of piping to equipment) to be included on permit application Each gas piping system, per outlet.......................................... 2:90 3.00 Woodbuming stoves, per flue (including chimney and chimney connector)..................................................................... 24-A0 30.00 (l 9) Each reinspection fee............................................................................25-00 30.00 (20) Each additional final inspection............................................................50;00 60.00 10