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HomeMy WebLinkAbout05-27-08 Council Meeting Agenda & Packets AGENDA SOUTH BEND COMMON COUNCIL TUESDAY, MAY 27, 2008 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES ~.nn D M ,7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 20-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET (NEEDS TO BE ACCEPTED AS A SUBSTITUTE) 32-08 PUBLIC HEARTNG ON A BILL TO VACATE 'THE FOLLOWING DESCRIBED PROPERTY: -THE ALLEY TO BE VACATED IS THE EAST/WEST ALLEY NORTH OF LASALLE AVENUE FROM NOTRE DAME AVENUE EAST ALONG THE NORTH LOT LINES OF LOTS 7, 8 AND 9 OF DUNN'S SUBDIVISION FOR A DISTANCE OF 116 FEET AND A WIDTH OF 10 FEET BEING A PART OF _ THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 27-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000,000.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT 28-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $178,320 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 29-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, 1NlliANA TO APPROPRIATE FUNDS FROM VARIOUS ACCOUNTS: $2,000,000 FROM UDAG FUND (#4.10); $110,000 FROM EDIT FUND (#408); AND $105,000 FROM EMERGENCY MEDICAL SERVICES FUND (#288) FOR VARIOUS COSTS 30-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $2,000,000 FROM LOCAL ROADS AND STREET FUND (#251) FOR IMPROVEMENTS AT THE IRONWOOD/MCKINLEY INTERSECTION 31-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $218,963 FROM GENERAL FUND (#101) FOR 2007 ELECTION COSTS 8. BILLS, THIRD READING TIME: BILL N0. 20-08 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET 32-08 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE EAST/WEST ALLEY NORTH OF LASALLE AVENUE FROM NOTRE DAME AVENUE EAST ALONG THE NORTH LOT LINES OF LOTS 7, 8 AND 9 OF DUNN'S SUBDIVISION FOR A DISTANCE OF 116 FEET AND A WIDTH OF 10 FEET BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 27-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000,000.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT 28-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $178,320 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 29-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE FUNDS FROM VARIOUS ACCOUNTS: $2,000,000 FROM UDAG FUND (#410); $110,000 FROM EDIT FUND (#408); AND $105,000 FROM EMERGENCY MEDICAL SERVICES FUND (#288) FOR VARIOUS COSTS 30-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $2,000,000 FROM LOCAL ROADS AND STREET FUND (#251) FOR IMPROVEMENTS AT THE IRONWOOD/MCKINLEY INTERSECTION 31-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $218,963 FROM GENERAL FUND (#101) FOR 2007 ELECTION COSTS 9. RESOLUTIONS BILL NO. 08-42 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 701 SOUTH GRANT STREET AND 601 COTTAGE GROVE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY 08-43 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1433 NORTHSIDE BOULEVARD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO-YEAR (2) REAL PROPERTY TAX ABATEMENT FOR RIVER ROCK, INCORPORATED 08-53 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1401 SOUTH MAIN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR 1ST SOURCE LAND TRUST #13 (ROBERT F. JAGGER) D/B/A OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. 08-47 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN - SECTION I, A CERTAIN 51 LOTS LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. 08-48 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN SECTION II, LOCATED ON APPROXIMATELY 2.7 ACRES NORTH OF BRICK ROAD, EAST OF ORANGE ROAD AND WEST OF THE U . S . 31 BYPASS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: COOREMAN REAL ESTATE GROUP, INC. 10. BILLS, FIRST READING RTT,T~ NO. 33-08 FIRST READING ON COUNCIL OF SOUTH CHAPTER 2, ARTICLE MUNICIPAL CODE FOR CLAIMS A BILL OF THE COMMON BEND, INDIANA AMENDING 5 OF THE SOUTH BEND PREAPPROVED PAYMENT OF 34-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $40,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND $6,000.00 FROM THE INDIANA FINANCE AUTHORITY FEDERAL MATCHING GRANT INCENTIVE PROGRAM WITHIN FUND 209 FOR THE PURPOSE OF CONDUCTING BROWNFIELD SITE ASSESSMENT ACTIVITIES IN THE CITY OF SOUTH BEND 35-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING MONTHLY PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA 36-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE MAYOR AND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2007, AND COLLECTABLE IN THE YEAR 2008 AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON 37-08 FIRST READING ON A BILL 0 COUNCIL OF THE CITY OF SOUTH APPROVING A SECOND ADDENDUM CERTAIN ADDITIONAL PUBLIC BETWEEN THE SOUTH BEND AUTHORITY AND THE SOUTH BEND COMMISSION F THE COMMON BEND, INDIANA TO LEASE FOR IMPROVEMENTS REDEVELOPMENT REDEVELOPMENT 11. UNFINISHED BUSINESS A. REPORTS FROM BOARD OF ZONING APPEALS 1. SPECIAL EXCEPTION - 60150 IRONWOOD DRIVE 2. SPECIAL EXCEPTION - 1101 SOUTH MICHIGAN ST. 3. SPECIAL EXCEPTION - 121 GARST ST. 4. SPECIAL EXCEPTION - 900 BLOCK OLIVER PLOW CT. B. REPORTS FROM AREA PLAN COMMISSION 1. REZONING & ANNEXATION - 52610 PORTAGE RD. - WILLIAM A. GEYER 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B~. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: March 20, 2008 To: Common Council City of South Bend From: Michael Neises 1043 Riverside Drive South Bend, IN Re: Petition for alley closure Dear Council Members, Our desire for an older home along with a strong impression that South Bend was making a renewed commitment to its neighborhoods led my wife and f to move from Granger in August of 2006 and purchase a previous rental property at 1043 Riverside Drive. One of the undesirable features of the property is a cross-alley on the north side of our property, particularly because our home sits right on the alley without any buffer. Our side door literally opens on the alley, with the risk of being hit by a vehicle when opening the door or stepping out of the entryway. Traffic, though very limited, moves too fast, and is of a "cut through" nature. It is generally an unsafe area as it relates to traffic, and a particular concern for us as we age, and also when we have our grandchildren over. A second concern is the matter of privacy and safety, both for us and our property. The alley gives access to individuals to our side and back property in a way that makes us feel vulnerable at times, and we have had a few instances of teen boys just hanging out in the alley, literally right under our windows. We therefore, respectfully request that the Common Council render a favorable decision and vacate the alley described in the ordinance. Sincerely, ~h~l~-/f~y~~ f~ Michael Ne~ses Y ~ ~~,~,~ ®,~~1~~ F11~~ ~n~ ^. ~,1 ;n j 'l ti i_ - - `~ ~~: ~. ~~~~wt„ 1:t~ i~ CCTV CL` ~. eGa- ~~"`'~ ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EASTNVEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SHETTERLEY PLACE 3RD PLAT, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 18-1061-2587 18-1061-2586 Section IV. The purpose of the vacation of the real property is for safety and security reasons. The side door to our home at 1043 Riverside Dr. opens right on to the alley with the potential of the door being opened or someone stepping out into an oncoming vehicle. Secondly, pedestrian traffic uses this side alley its' close proximity to our home diminishes our privacy and increases our need for security measures. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and upon recording of a cross easement between the property owner and the contiguous property owners. r-- 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 ~ st P.EAD113G Rl,~~LiC i;E~:RIt~G v r•~:I t E~.~IPlG ~t3~ ~il?Ili~OV~ ~EFE;:F;C•D 1'faSSEI) ~t{~~ ~t't ~~~i'~C~'~ ~~i~~~~ c~AY ~ ~ 2aa~ s4'r'„d vt~ORDE CiT'! CI,I;iijS, BQ. BEI'!~, IM. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: ~ l ~~= f ~'v OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU~TO VACATE: A. THE ALLEY DESCRIBED AS: w oo~~ ~~7 r`~V ~- B. THE STREET DESCRIBED AS: _ NAME (signed & printed) ~Vt t ~-~{ ~ ~ c.. ,V ~ 1 S ~S ~~~/'~7° ADDRESS LOT # l~-tort -2.5~? CONTACT PERSON (S) NAME: fJ~tc-i~~~ L N~ tS~ S RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK OOM 455 COUNTY-C T ADDRESS SOUTH BEND, IN 4660 <I ~'~ ~B ~~ ~=~=_ ~`~~~ ~,5%~ICEr' 574-235-9221 ..~...,,._._.-.,",,.........'PRONE: ,f E ,-, ., ~~c~-.a :r~~c~ ~r~ p~ ~i~~~~1` ......~ii:~ ~'::.j~ ~'C ~Qs7~ ~:'i. ~ oy.3 QI ~ ~~5, ~-' ~2. SNE-~-~ER 134, 129 ZH~U ~j~~D ~~~ ~ '~'~ CALIFORNIA AVE. LEGAL DESCRIPTION: The alley to be vacated is the first East/West alley South of Golden Avenue from Riverside Drive a distance of 120 feet and a width of 14 feet. Being a part of Shetterley Place 3rd Plat, Portage Township, City of South Bend, St. Joseph County, Indiana _ n_....a.. n.......1.. '•r Rec PARCELID NAME_1 PROP_ADDR STREET CITY 1059 South Bend IN 1 1$-4061258-2- BILEK JAMES E RIVERSIDE 1059 Riverside Dr 46616 ~ ~ South Bend IN ` e...~~ ` It/ 2 18-1061-2607 HEAMON THERESA WOODWARD 1026 Woodward Av 46616 ~ 1031 GrangerlN - - MAdAl~fb4-B-At'1"NI-~ WOODWARD PO Box 1153 46530 1055 South Bend IN ~ ~~ 4 18-1061-2584 LEONE CHARLES S RIVERSIDE 1055 Riverside Dr 46616 sy` i South Bend IN ~~;,~ 5 18-1061-2583 LEONE CHARLES S RIVERSIDE 1055 Riverside Dr 46616 ~'~ NBRT~T NEI6kiBORHOOD 711 South Bend IN 6 9~-1.OCa2-2664 ING~-~~~~` CALIFORNIA Po Box 1132 46624 SHILLINGSBURG PETER L & MIRIAM 1041 South Bend IN ~' 7 18-1061-2588 J RIVERSIDE 1041 Riverside 46616 NEAR NORTHWEST 1019 South Bend IN 8 -a-8862-~666~" NEIGHBORHOOD WOODWARD 711 Forest Ave 46616 NEAR NORTHWEST NEIGHBORHOOD 715 South Bend IN 9 1-8=1062=26~5~ INC CALIFORNIA P.o. Box 1132 46624 1023 2801 Gresham Windsor Mill MD 10 18=t06-2-266.8 IEtBI~-T-U-MAi~Y" WOODWARD Way Unit 208 21244-3943 1027 RETE IAND 1027 2913 Mishawaka South Bend IN 11 T8-X10.62-2669 TRUST WOODWARD Ave 46615 South Bend IN 12 18='1062-26~- LEONE CHARLES S 1032 DEMAUDE 1055 Riverside Dr 46616 MABRY BRIAN & 1014 South Bend IN d~L ~/ 13 18-1062-2639 LAURA WOODWARD 1014 Woodward 46616 1005 South Bend IN 14 i-8=1~A~-~6rL~ BURNETT CALLIE A WOODWARD 1005 Woodward 46616 \ WILBER MARY 1045 South Bend IN d,~ 15 18-1061-2586 ELLEN RIVERSIDE 1910 E Jefferson 46617 719 South Bend IN 16 8• 67 LEONE CHARLES CALIFORNIA 719 California St 46616 FEWELL WILLIAM D 725-727 South Bend IN 17 1-8='I'06'2~6fi4~ & BARBARA CALIFORNIA 1157 E Calvert St 46613 FEWELL WILLIAM D 721 South Bend IN 18 -8.062.26-7-0- & BARBARA A CALIFORNIA 1157 E Calvert St 46613 HARDING MICHAEL & HARDING 1016 Mishawaka IN U~~ 19 18-1062-2640 KIMBERLY %OPTI WOODWARD P.O. Box 1941 46546-1941 BARTHOLOMEW /. DARLENE E ~ TRUSTEE OF THE 1022 53278 Ba-J-Er South Bend IN 7 20 18-1062-2641 DAR WOODWARD Lane 46635 1026 South Bend IN 21 18-1061-2608 HEAMON THERESA WOODWARD 1026 Woodward Av 46616 a~``-~ 1035 South Bend IN ~(~ \ 22 18-1061-2590 BUTT RYAN D RIVERSIDE 1035 Riverside Dr 46616 / ~, SMITH JACQUELYN 1037 1037 Riverside South Bend IN ~ I ; ~ 23 18-1061-2589 G RIVERSIDE Drive 46616 ~ ` MCCARTHY JOHN & 1034 3523 Fallen Leaf San Antonio TX ~1 ~~// ~ ~ 24 18-1061-2606 BRENDA WOODWARD Lane 78230 ' EMME ERIN S & 1038 South Bend IN 25 MARY D WOODWARD 1038 Woodward 46616 NEISES MICHAELA 1043 South Bend IN r !~y~, 26 'h8 1-061.2_58? & CHRISTINE M RIVERSIDE 1043 Riverside 46616 ~ PRICE THOMAS M & V/ ~ ANN GRAHAM 1049 South Bend IN 'f7 ~ 2 7 18-1061-2585 PRICE RIVERSIDE 1049 Riverside Dr 46616 ti ~~J :els c ounty rarceis Re pARCELIb NAME_1 PROP_ADDR STREET CITY c South Bend 1 18-1062-2637 HANTUBA JOYCE 1004 WOODWARD 243 E Broadway I N 46601 South Bend 2 18-1061-2607 HEAMON THERESA WOODWARD 1026 Woodward Av IN 46616 SHILLINGSBURG PETER L & South Bend 3 18-1061-2588 MIRIAM J 1041 RIVERSIDE 1041 Riverside IN 46616 BILBREY DANIEL G. & JOYCE South Bend 4 18-1062-2636 A.y Nd MISC 613 & 615 CALIFORNIA 613-615 California Ave. IN 46616 South Bend 5 18- 01 61 2591 WRIGHT LORRI J 1033 RIVERSIDE 1033 Riverside Dr IN 46616 ` MATERNOWSKI PHILIP C & South Bend 8 1062-2638 1 CAROLYNN W 1010 WOODWARD 1010 Woodward Dr IN 46616 , , ~ South Bend 7 18-1062-2639 MABRY BRIAN & LAURA 1014 WOODWARD 1014 Woodward IN 46616 South Bend 8 18-1061-2586 WILBER MARY ELLEN 1045 RIVERSIDE 1910 E Jefferson IN 46617 Mishawaka HARDING MICHAEL &HARDING IN 46546- 9 18-1062-2640 KIMBERLY %OPTI 1016 WOODWARD P.O. Box 1941 1941 South Bend 10 18-1061-2594 REASOR TERRENCE L 1021 RIVERSIDE 1021 Riverside Dr IN 46616 South Bend 11 18-1061-2593 MATHEWS GRANT J 1025 RIVERSIDE 1025 Riverside IN 46616 BARTHOLOMEW DARLENE E South Bend 12 18-1062-2641 TRUSTEE OF THE DAR 1022 WOODWARD 53278 Ba-J-Er Lane IN 46635 TASCHETTA JOSEPH J & South Bend 13 18-1061-2592 HUGHES ROLANDA L 1029 RIVERSIDE 1029 Riverside Dr IN 46616 South Bend 14 18-1061-2608 HEAMON THERESA 1026 WOODWARD 1026 Woodward Av IN 46616 South Bend 15 18-1061-2590 BUTT RYAN D 1035 RIVERSIDE 1035 Riverside Dr IN 46616 South Bend 16 18-1061-2589 SMITH JACQUELYN G 1037 RIVERSIDE 1037 Riverside Drive IN 46616 NEISES MICHAEL A & South Bend 17 18-1061-2587 CHRISTINE M 1043 RIVERSIDE 1043 Riverside IN 46616 PRICE THOMAS M & ANN South Bend 1 8 18-1061-2585 GRAHAM PRICE 1049 RIVERSIDE 1049 Riverside Dr IN 46616 1316 COUNTY-CITY $UILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OP SOUTH BEND STEPHEN J. LuEC1tE, MAYOR ~OAItD OF PUBLIC ~ORKS July 23, 2007 Mr. Mike Neises 1043 Riverside Drive South Bend, Indiana 46616 PHONE 5741235-9251 FAX 574/235-9171 TDD 574/ 235-5567 RE: Alley Vacation -Entire North/South Alley East of Golden Avenue and North of Woodward Avenue Dear Mr. Neisel: Upon review by the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient subject to cross access easements. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Fire Department stated that the alley vacation may make it difficult for the homeowners to use the garage. Community & Economic Development stated that there may be~ problems with garage access by existing adjacent property owners because all four garages are oriented towards the alley proposed for vacation. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER June 23, 2007 Neises, Mike Page 2 of 2 Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, T~inda M. Martin, C1erR c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering IPdTER-OFFICE II1itEIi~ORANDUINI BOARD OF PUBLIC WORDS TO: ~arl Littrell, Engineering Department ~hn Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development mob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department /~tephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a,nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk~~-- RE: Request for Recommendation -Alley Vacation Location: Entire North/South Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2, 2007 FA3C OR E-MAIL TO: 235-9'!71 / Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: %~~,"~J ~ ~a-, 6 ,per, V .~~~~ ~U~O . ~~rJ© ~~ r ~ ~~ ~ 3~~7z2 ~M ~~° ~j -- ~ (©v c~ ~% ~~P~ ?A-~~=(G ~ ~.~c~2rr ~70QTN- Awie.a covr~iuni ises W ~f•1L, ~ ~ ~ I ~ I 1 IU~ I \ ~ He q ;'~®crw~r, i i THE S DWELL °OMPANY 1 W.~ p~( PORTAGE TVV~ardc~ scALe: i" = ioo'_ b_ ~o ~~~ - 2 C (y p,~~- VOf. 0/2 N.E.!/~ S E C. 2 T.3 7 N. R.25~~ 2 3 2QO~ ~~ ~` ~ .. 1-~r~-~}/ T'~ 1,000 ~ ~-~°-~ P, 1 ~ T Memory TX Result Report (Jun. 21, 2007 8:32AM) m m 1) BRD PUB WORKS & SAFETY 2) BOARD OF PUBLIC +F10RKS & SAFETY Date%Time: Jun, 21. 2007 8:30AM. File Page No. Mode Destination Pg(s) Result Not Sent 92$9 Memory TX 82359813 P. 2 t~K 82842220 OK Reason for error E. 1) Hang up or line fail E. 2) Busy E. 3) No answer E. 4) No facsimile connection E. 5) Exceeded max. E-mail size burr: n rrlr~i~ o %r, ~7 ~.~'r c r ~ lA INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Cad LifLeR, Engmeedne Dapartrnsn4 Jahn Byoml, Area Plan Commission (235-8873 fax) Jeff Gibney, Community 8 Economic Dwelopmenl Chris Dresser, Community 8 Economic Development Boh R4alhla, Communtyy & Economic Development Robert Sanders, Fl2 DeparlmeM Jack D&lon, Sofid Washy WIIIiam Kraus, Pollca Depadmem Stephen Goen, PoAce Department Cheryl Greene, Cdy Atlameys OtSca Jlm Beftin, NIPSCO (iroet<nCd~nisource.com or284-2220 fax) For Infonna8onal . Purposes Ontq FROM: -Linda A4. Martin, Clerk RE: Request (or Recommendation-Nley VdLasOn ' Location: Entire NorthlSouth Mev East of Golden Ave and North of Woodward va ua (Preliminary Review) DATE: June 20, 2007 DUE Ju1v22007 FAX OR E-MAILTO; 236-91711 hnartin(azaou}htfendi n.gov , RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REgU1RED. BY: DATE: INTER-®FFICE PdiEMORANDUi~ E®ARD OF PUELIC W®RF~S TO; Cart Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax} Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department . Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only FRONT: Linda M. Martin, .Clerk,-= RE: Request for Recommendation -Alley Vacation Location: Entire North/South Alley East of Golden Ave, and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2, 2007 FAX OR E-MAIL TO: 235-9171 / Imartin(a.southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ~~~ `~~'2~'° TE: ~~~I/a 7 ,p,~~t~,~~pUTH &~ ~~ .\',1~~i~l~l~~~"~O\ ~~~ ~ ~ I ~ ~% 4L ~\ / ,,//, ~~\EACE~ G r Q z ~; r 18G5, INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIP5C0 firbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk~~~-~ RE: Request for Recommendation -Alley Vacation Location: Entire North/South A(ley East of Goiden Ave and North of Woodward Avenue (Preliminary Review) i DATE: June 20, 2007 DUE; July 2, 2007 FAX OR E-MAIL TO:, 235-9171 / lmartinna southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ~ ~ h J .~ ty ~, ~~-, ;y X ~ ~,1 ~~, ~' ~ ~ ~ ~v ~" & ~ S ~~ tip: 7 ,~ ~ ~, -, BY: 0~~ /~~~,~~ DATE: ~ /~fi // ~~ Jun 24 07 O'7:59a SBPD TRAFFIC (2191235-9308 p. 10 I~1'fER-®FFI(.'.E MEit610RAN®UI~I ~OAR® OF PUBLIC W~RfCS i'Ca: Car! Littretl, Engineering Department John Byorni, Araa Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressef, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Departmenf Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (Irbettin(a7nisource.com or 284-2220 fax) For informafiianal Purposes Only FROM: Linda M. Martin, Clerk~~~ RE: Request for Recommendation -Alley Vacation Location: Entire NorihlSouth Alley East of Goiden Ave. and North of Woodward Avenue (Preliminary Revieev) DATE: -June 20, 2007 DUE: July 2, 2007 FAX OR E-MAIL 70:, 235-9171 / (martin at7.southbendin.goy RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENQATIONS: BY: DATE: ~'o~' ~I ~r~~ P`I~n ~~mmis~i~~ ®f fit. Je~~~ph ~®unfy 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistanf Director } Fax 574 235-9813 •': Phone 574 235-9571 www.stjosephcountyindiana.com June 25, 2007 The Board of Public Works 13`~ Floor, County-City Building South Bend, Indiana 46601 RE: Vacation Entire North/South Alley East of Golden Ave. and North of Woodward Ave. Dear Board Members: The staff has reviewed this petition. It is the staff s opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient subject to cross access easements. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. - Staff recommends that the alley be vacated subject to cross access easements and any further utility or turning radius easements recommended by the Engineering and Building Departments. Sincerely, R Bert Nemeth, Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana INTER-OFIFICB MBNIORANC7UM BOARD ®~ pUBLiC V~ORKS TO. Carl Littrell, Engine~:ring Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dl-lon, Solid Waste William Kraus, I~olice Department Stephen Goen, Police Department Cheryl Greene, Ciiy Attorney's Office Jim Bettin, NlpSCO (irbettin(a~nisource.com or 284-2220 fax) Pu~pos®s Onlyal PROM: Linda M. Martin, Clerkly-~ RE; Request for Recommendation -Alley Vacation Location: Entire Notch/South Alle East of Gold n Ave. and North of Woodward Avenue (Preliminar~f Revievt) 17ATE: June 20, 2007 DUE: Ju1~07 PAX OR E-MAIL TO:, 235.9171 1 Imartln southbendin. o~ ~ i RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. ' COMMENTS & RECOMMENDATIONS: ~ ~ ~- Ova's (~:7- U c f.~ T ~ h~~ S ? I S ~e-~N ~/ S Gv ~ ~- 7 ~ p/~7-~ oG-W~ Sr I. .~ ~C~~.. DATE: ~ ~d~ BY: ~/ Z0/T0 ~Jdd 1d~Q ~~II~ QN~H H1f10S ~s~ ', ®; 50E69EZhL5 65~tit L00Z/SZ/90 ®~ ` INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) •`_•y .;-~; ~ B q ~...--: Jeff Gibney, Community & Economic Developme'ntt~ °--~ ~..,<. ~.'~ a ~•~ ::: ~' Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development ~I.1~ i~ ~. ;~T(J7 Robert Sanders, Fire Department - Jack Dillon, Solid Waste C;T'f Or: SG, ~ ~ ;-., ~,^~~~ William Kraus, Police Department DIV. OF E=NGIidEE;~I'•! Stephen Goen, Police department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin aC~nisource,com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk J RE: Request for Recommendation -Alley Vacation Location: Entire North/South Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2, 2007 FAX-ORE-MAIL TO:• 235-9171 1 Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: T''~~ c~P t~(.T>~ `~~,~.~ns -T•fi~ -f~c~-~-i"Pi-z1C~ ~ ~~tt ~rrt~.. BY:~ tvi~-.t#~1Z~~I lC DATE: ••~. ~ oc--~~ '~~~1t A~- 3Z-~~ ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the East/1Nest alley North of LaSalle Avenue from Notre Dame Avenue East along the North lot lines of lots 7,8 and 9 of Dunn's Subdivision for a distance of 116 feet and a width of 10 feet, being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the East/West alley North of LaSalle Avenue from Notre Dame Avenue East along the North lot lines of lots 7,8 and 9 of Dunn's Subdivision for a distance of 116 feet and a width of 10 feet, being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights- are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lot 6. Section IV. The purpose of the vacation of the real property is Saint Joseph Regional Medical Center has given Women's Care Center property to expand their facilify and the alley space is needed for that expansion. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member 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 1st P.€ADENG -' ~~'" ~ PUBLIC HEARING 3 rd READING OT APPRO.V~D EfEP.RED PASSES JQ~Si'3 VL~CFiCE CfTY cl.o i~:~, Std. a~N7, IN. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS; The alley to be vacated is the East/West alley North of LaSalle Avenue from Notre Dame Avenue East along the North lot lines of lots 7,8 and 9 of Dunn's Subdivision for a distance of 116 feet and a width of 10 feet, being a part of the City of South Bend, Portage Township, St. Joseph County, Indian B. THE STREET DESCRIBED AS: East/West alley North of LaSalle Avenue from Notre Dame Avenue East NAME (signed 8~ printed) ~~~~ '/ ~- ~S~x~,J ADDRESS yat5 ~G 1Sa n o`~urS ~~ l[~-~`~~ LOT # ~, , r --~ ~-~ r ~`~~"~[~I•~'~ c~ .. t~4 AY - ,~ 2008 CONTACT PERSON (S) NAME: Tim Sexton - dCH'd V9uFiL~E ADDRESS: CITY CLEnK, ~C. ~~.+:t?, !N. 4215 Edison Lakes Parkway, Suite 300 Mishawaka, IN 46545 RETURN TO:OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 PHONE: 574-247-8795 18-5020-0715 18-5D20-0716 18-5D20-0708 - 18-5020-0717 18-5020-0720 18-5020-0718 18-5019-066001 ~ Q 185020-0721 0 L O 2 18-5020-071601 18-5020-0725 18-5020-0727 1 B-5020-0728 18-5020-0729 18-5020-072 6 LaSalle Ave Legal Description: c. ~~ :,; ail .~sa ~ 1, ~•~- The alley to be vacated is the first East/West alley North of LaSalle Avenue from Notre Dame. Avenue East along the North lot lines of lots 7, 8 and 9 of Dunn's Subdivision for a distance of 116 feet and a width of 10 feet, being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana. ,.,..... - R.- ~~ .7~.`iid.~sl~ + ~ IL4 ( ~ - State ~Cey ~ Trans FAst j OupOcdeiJbr . ~; ~ .C , :,~~.,s , ~ _ ._.. Name ~ Atldress Property Key I :.E Owner of Record ~ State Hey Property Key Property Address 1 17 Pey Yr Tax Type Taz Una Stdus :1i[K nPle It <IErInE 9 nY E• ' B Pey Yeer. ~ ' h E Selyd Joseph'S Regional Metlicel 018-5019-066001 16 Vec Lot 344X493 Matllson 2010 _ Reel I16 _ AdNe 12010 ~I _ .. .. ___-_ . .. ..... ..... - Tax Type: Real _.. _ _ ~ I,: ~i Property Key. 018-5019-066001 ~ j Use %to represent any series of characters. I I [ Irxlude BIIOng end Ezemptlons ~e~ch ,. ?mil:. 1 1 Property Key. Ot &5019-066001 Side Property Key. Taz Unk 1 B - Soth Berl • Portage Tex Riles Have Not Yd Owner of Record SeIrA Josephs Regiond Medlcd Carder - Sc Been Determined For Tex Yr 1 Pey Yr. 2009 !2010 Tex Yr 2009 ! Psy Yr 2010 . pealslBank I @d~n9 ;Names ; Olh Assess ~ Proleds 4 ~ dd FGst I A t ~ A E ~ p u xemp Assess~ 'eroP hfo Le9d Qesc ~ Msc I Transfer h6st I Alert Owner(s) of Record McQng Address Salyd Joseph'S Reglanal Medcd Carder -South Bend Campus, he i+ Address 1: 'L61_t E Madison ~ Address 2 i ~ CouYry coda: `i ~+ Q Canada ;) Other Property Iniormdion Iqr Code: ~ 6617 ~ I Property Hey. ID78-5079-066001 tlY hBerxl I Stile Property KeY. ~ StdeRroVirce: 11 Same es Property Addren Rate Descrtptiorc ~Ady Tax Rde ~ I ~ Pr~edY ~~ Property TYPa 'Exem~~ ~ !~ pass: 699 . ID Address 1: 7B Vac Lot 344X493 Mao9son I Property Class Dena er Exempt Property Owned By M " Address Y ~gmdzdicrr Thd B Grerdetl M Exemption Courdry code ~ I15A O Canada C1 O'Jer Govarnmerd Owned O True . ~ False ~ Code ~466r 17 Stdus: ~' Active `. ' hadive CdY l h Bend - ss mg Atl dre SdelProvfnce Ilrt Same as MaR - ~o tl K ,Sp@ Iraruler Ame;dlon L_:J Profile Pey Yrs;i ~~.. Co ~=J~ ~~ ~,~~~~ ~~~ +~~~~~-~'~ ~fifiECe ~~ AY _ ~ 2008 a~;;~a ~aflo~a°t ~~ Wednesday, Apr 30, 2008 12:23 PM fa ,.___... ,_._M. .. , .,.. ( ' ~~. ~...._._.... .....~4 ........._~...,.__..~~..__.......~~... ._..~...~_ _..._.. .,r-w .._. {t 6 ~' /•I , t ~'} If'a I f:- - r~ VIewS ~ I (" ~ LdY' J i y~ Slate L~eY Trans Mst ~ DuPficate Nbr kT ~: t ,(~^ .. ,. -'• _.,« .. ,. Name j address Property Key i. ,( Ovmer of Record State Key Properly Key Roperly Address 1 t- Pay Yr Tax Type Tax UNt Status j • n~ra to deL:rt ; ni'e. Pay Year._ l 2010 - artman RogerLBSnelson Thomas 71-06-01-461-002A00-026 016-5020-0706 326 Notre Deme 12010 Real 16 Acive ~ Tex Type: _ Real I Properly Key. _ D1a-soza-D7os ; ~ Uee %to represerd ary 'I series o1 Charaders. ~ I I Include Billing and Exempflons i Search .,t 1 1 ' ~.,(sj ~-4¢~~ y.L 1w{~*:~C~ _'.`{'s T'.Ti ,'lt'-.1@: P7 '~Rey:° ~' 018-5020-DTO~^'f Stele Roperty Key. 71-06-01.401-002.000-026 Tax Link 16 -South BeM - Pelage Tax Rates Have Not Yel Owner of Record: Hartman Roger L & Snelson Thomas A & Bn Been Determined For Tex Yr f Pay Yn 20D912010 Tex Yr 20031 Pay Yr 2010 . Prop hto Legal Qesc ~' ~1isc i Transfer Fist Alert ~ Assen~Exerr~t I ALA FGst I AppeelslBank ~ B4vg ~ Names ~ Oth Assess j Roleds ~ 4 t / ~ (]Q` l..l' Owner(s) 01 Record McPux3 Address ~Hartrrren Roger L 8 Snelson Thomas A 8 Brown Todd A es ~~±{ Address 1: I Notre Dame Trustees 320 Notre Deme Ave Lam1 Tnut Address 2 i ?~ Colatry Code: ~l LISA !~ Canada J Other Property Informdian Zlp Coda ~4661~ ~ I J Property Key. '010-5020-0706 -~ ~ South Bentl State Property Hey. , 1-00-01-401-002.000-020 ~~~.~q~ Same as Roperty Address Rate Desalptiorc iAdv Tex Rete ~ i Roperly Address Property TYPe: Commerdai ~ I ~ Ctasr. 44L ~ ~~ Address 1: 328 Ndre Dame ~ Property Class Desc qf{~ ~ldrtq (1 Or 2 Scary) Address 2 i i --`-" Country Code: ~ L1SA r, Canada (~ Other Govenment Owned ^ True ~'~ False ~ ~~ 651 Status: ~ _> Active t^, hactive CpY rSOtdh Bend StatelProvtrtce: r•, ' Same es Malfng Address ~ Spld jrensfer Armer~eliort I Cambble I Roftle PeY Yrx 1_ ~ ~ Go ~ ~~ Wednesday, Apr 30, 2008 12:24 PM ~~/ ~t l f , t..~..P t _ / .--.a_.-IJ Y !2 _..`_F+a ~._.._._.~... .~v .. ~..._•...-~~ r._._.a... -..- -... .~. ._ Ld. It 4 R P I + +4, 4b ~._ _ f~ Views - ; C 5s ~ ~J I ~,_ __. ....._--T.. . -~ .. ..._... ~.. _-..... -_. _ .,..---^` _ °_ - - _...-.... -..,. ,.. State Key •: Trans Hisl~~.rplicate Nbr - .t. Vii:, r',,1 .i) f,r r~-~it a.7 ,,. - ~ - ~ _.... Name ~ Address eroperty Key '. ~,! Owner of Record Stale Key Property Key Property Address 1 r7 Pay Yr Tex Type Tax Unl Status r,: K `~?'re }r rlr-trr' a 'IY.er Pay Yeer. 2010 ~ ~ - Saud Joseph Medical Carder he 71-06-1 2-225001 A00-026 018-5020-0718 314 Notre Dama ~~2010 (Real 16 :Active Tax Type: __ it Real _. __. _._. i. i Properly Key, i r'--------i o1e-sozao7la ~-----' Use %lo represerA arty cedes of characters. hcNde Billing and Exemptions Search 1 ! U ~c~f. ~~ • Property Key. ?34~Sf1iF~ State ProPertY Key. 71-06-12.226-001 A00-026 Taz lkdt 16 - South Bercl -Portage Tax Rates Have NQ Yet Owner of Record Seird Joseph Medical Carder he Been Deterrris~ad For Tex Yr f Pey Yn 2009 !2070 Tax Yr 2003 !Pay Yr 2010. __ :Prop Info Legal Desc ; Llse I Transfer Hcel I Alert I gssessrExempt ~ Audd Hest ~ Appeels/Benk ~ BJfmg I Names ~ 0th Assess ~ Protects ~ - MeiMg Address Owner(s) of Record ' Saud Joseph Medical Carder he _ Atldress 1: 314 N Notre Deme _ _ __ J Address 2 Caatry code: ::; USA ~~ Cermda ) O'JUr C d ~ ~ Property hiormetion o e ~ Ih Property KeY• 10755(120-0716 ~ I ay Bend State Properly Key. ~ 1-D6-12-226-001.000-026 ~ S(eteRrov4xe: ~ Same ns Property Address Rate Descriptiorc IAdv Tax Rete ~ ~ Property Address ~--- I^ Clasx l6~ ~':~ Property Type: Exempt I314tJWeDeme I Address 1; Property Class Dena gher Exempt Property Owned By An '+~ Address 2 0rgen¢alion That Is Grarded An Exemption Caadry Code :~ USA u Canada !~~ Other Govemmerd Owned ~;j True •:~i False ' rP COde: 'd6677 ~ I Status: ;~ Actlve r`,. haNve CEY ISOUIh Bend StateRrovhce: ~~ Same as Melting Address ~R Irenster Amex_atim ~=J Protde Pay Yrx C ~~ ~°~ Wednesday, Apr 30, 2008 12:24 PM rid ~ r ,.,:,. .,,,... ,,,. ;:,, ,m .,•, _n._.._,-_~.__._._-.~_....~_~.~._._.____..W~-._ _~_-..__.__...__ .__t-.~~~`" rs E W 91 , t ~} ~' ' 1a ' S' Vlews ~ '. C ~ {{ N ~ ~ ~' . _...,.>-~,,... .. -_ _.. _.. ... _ . _ ,. _ ... State N.eY iUans Mst ', QuPficete Wbr 1 .it.,a r;;;%t ~. ~r.'r ~~.: .. - .. Name ~ Address Property Key ~I~ - r7 p Yr Taz Typa - ;I [Owner of Record SteQe Key ~ Property Key Property Address 1 ay q ter. r- nefma .a -~eF• Pay Year. jjl 2010 J ;' 1 Pregnancy Help Carder, tre 71-08-12-226_003.000:026 _ .016-502!1.071601- - - _- _ - 907 E LessAe X2010 (Real , Tau Type: 'Real ~ i Property Key. X018-5020-071801 Use %lo represerA arty series o1 characters. Include Bill'urg and Exemptions ~' Search t Property KeY• at&~~1~* State Property KeY• 71-08.12-226-003.OD0-026 Tax Unk 18 • South BeM -Portage Tax Pates Have IJd Yet Owner of Record Pregnancy Help Carder, he - Been Determined For Tex Yr !Pey Yr. 2009 !207 0 Tax Yr 2003 ! Psy Yr 201 D . Prop b1o ~ Legal Qese I Msc I Transfer Wst , A1ett ~ AssessrExearot ~ Audd FGst I AppealsRenk ~9 I Names ~ Olh Aness ~ Projects t 1 1]~, ^. " Owner(s) of Record Maifirlg Address Pregnancy HeIP Carter, tic Address 1: ~o Boz 263 Address 2 ~ ~ Courdry Code: .; USA ,~ Canada '~) Ouur Property hf ormation Zqi Code: 6546 O Property Key. 018-5020-071807 Cdy: ~rLShewake " State Property Key. I 1-06-12-226-003A00-026 y~~~.~C pl Seme es Property Address Rata DesalliJorc Adv Tex Rate ~ I Property Address Property TYPe: 'COmmerdel ~ ~ Class: 44tr ~ j~ Address 1: 9D7 E Leseke ~ Property dens Desc i eycy C&dc Or Offkes ~ Address 2 coutry Cody. C3 LISA n cenade %; orna, Goverrvnerd Owned V True ~.:J Fase Ilp Code: '' 664ti7 J117 JI Status. lJ A~'e ` ~ i^B~° Cdy ~ Bard r SteteRrovNCC~ Same es MaQmg Address SPId Transfer PrvieXetion Comb~re Proiae Pey Yrs:' ~,, Go ~ ~~ Active Wednesday, Apr 30, 2008 12:24 PM ..~ . _ .... .~ . _ ., ~~ f. State Key ! Lens Hilt : puplicate Mbr ~ r- 'S,: ~ . ~ a ;.„ ! i ,, . ~ i ~, s ,.i .. Mama Rddress eroperty Hey 7 p~,,,ner of Record State Key Property Key Properly Address 1 i? Pay Yr Tex Type Tex Unit Status I, -. . a tG Aefin? 5 ~ir.er Pey Year. ~~ !2010 ~~ Id / Breen KennethL 71-06-12-225004 A00-026 018-5020-0725 915 Lasalle 12010 Real 18 ~AdHa Tex Type; ,Reel Propedy Key. l '018-5020-0725 I Use %to represerA arty it series of charaders. hclude Blfing and Exemptions t ~arctr ... Property Key: KJI8~07O~RA State Property Key. 71.08-12-22Fi004.000-026 Tex Llh$ 18-South Bend-Portage Tax Fates Heve Md Yet Owner of Record Breen Kernelh L Been Determ'nied For Tex Yr !Pay Yr. 2009 !2070 Tax Vr 2009 !Pay Yr 2010 . 'Prop Info Legal pest I Mso '. Trerufer test I Aterl I Assess!€xempt I Audd Hilt I AppealsfBen~C ' @7fng i Neraes 10th Assess I Projeds ~u Address Maltin Owner(s) of Record g I'Breen Kennetli L ,J ~ Address 1: X24330 S R 4 t Address 2 I I '~, T~j Corrdry Cade: ~(j USA (j Cenads ~~ Olher A655 4 a d Property htormation ~ I ~ J Z~ Co e: Property Hey. '~18-5020-0725 City: ITlorth l.lberty Side Property KeY• 71-08-12-226-004.000-026 52aleJProvccc Pr7 Same es Property Address Rate Descrgatiorc Adv Tex Rete ~' Property Address Property Type: IResx7erdiel ~ is Class: 510 ~ I ~ Address t: 515 LeseOe I Property Class Desc I e FamTy Dwening On A Ratted Lot L Address 2 i Counhy Code: ~~~ l1SA (J Canada n Ottrer Gavemmert Owned ~ !True ~t False Zip Code; 46617_ Status: ,: ~ AdNe ~ '. hadNe Cdy: South Bend - ~ -' SletaProvNcc iCi Seme es Malfvig Address SAI+t pxuter Amezatlon Comby~e Profle PeY Yrx~ ~',~ Wednesday, Apr 30, 2008 12:24 PM _.._.._~ ,. --r____ __ ~ _..,.~.-___ ~ ~ . w. ~_ _..~~..W.__ !1 d h a-I ~ t tt ~ ~~ ~'.:= ' ~~ Views . ~ C" '~ !t~ J ~ ~i- . - _... , .... -- State L(ey I Trans Mst i DuPlicete Nbr ~ t,•' i ,r . •. R ,r . . i;, r _, ~.• .. _. _. } Name address Properly Y,ey :F Owner of Record State Key Property Key Property Address 1 ra Pay Yr Tex Typa Tax Und Status ~~, 9 c' n~re to [IFfi.-m ~'IMe• Pey Year, 2010 ~ -YODER AARON8LANELL 71-08-12-226-006.D00-026 Oi 6-5020-0726 917 Lasa~e ;2010 Real 18 ~AdWe iaz Type: _ - 'Real ~ I Property Hey. 018-5020-0726 Use %to represerA arty ~~ series of characters. Urclude Billing and Exemptions <.. ._ - s' Property Key. O1B~~-0{~'A State Property Key, 71 A6.12-226-005.000.028 Tax Unk 18 - SolAh Bend -Portage iax Refes Hsve Nd Yet Owner o1 Record: YODER AARON 8 LA.NB_L Been Determv~ed For Tex YrlPay YC 2009!2010 Tax Yr 2009lPay Yr 2010. Prop Info' Legal Qasc I @4sc I Transfer Wsl I Alert I Assess~xempt !Rudd Fdst I Appae~Bards i @n~9 I Names I Olh Assess I Profs i- r • ~~r-J 1~ Owner(s) of Record MelTng Address YODER AARON 8 LANB..L ,_f Address 1: 917 E LASALLE AVE Address 2 I I Courdry Code: ;; USA '~ Canada ~~ Other - Property Nformation 7N Cock ~4661~ 7 ; ~ ~ Property Key. 1018-5020-0726 CIIy ~~ Bard State Property KeY• 71-OB-12-22f>005.000-026 SteleRrovrce: tS Same as Property Address Rate Descrlptiorc ,Adv Tax Rate ~ I properly Address Property Type: iResiderdi~- ~ I~ Qass:1510 . ~ ~~~ 1: g17 Leseda j Properly Class Dese IOC Family Dwelling On A Platted Ld ~ Atlrtess 2 ~ ~ Country Code: i ~ USA ~ Canada `) Other Govemmeri Owned: Q True ~? False Ip Cock 46617 ~ Status ~y) ActWe (', hactNe ~. ISath Bend StataProv"vx:e: 81 Same es MaSng Address ~--1 ,Spl@ Uenster AmeSal'ron I Cart~¢>•~ Protae Pay YrxC Go ~ !=e~ ~eerch Wednesday, Apr 30, 2008 12:24 PM ., .. ~ C'''~ C 5 1< :. . , ....., a ..,..~ ...~ ...~ .. l...i {~.'R v`.1 flii1!_w_'.~a~._.__.~.__.__ _ _ - ._____-__~.___-.____.__._.- --_-.._ .___..~... ____r.-._.__. _..__~.______.___ _ id 'd r ~1 t tt ~ ~ f, Vlews • h ~ ~f" 1~ ~ ~' . _ ,„ T . ~._.. - State KeY !Trans Mst j pupfieete Nbr e > t !'~i ! . ..~~} , r f , ~~:1 / ~ . ... ....... . .- .-...+-.~.~~ .. --.- ..'. Name ~ address eroperty Key !, .R ~~ of Record Stffie Key Property Key Property Address 1 1' Pey Yr Tex Type Tex Ling Status •~zr=1c dei~na a'iher Pey Year. , •2010 itl - LarkN John E Jr 8 Patricia A & 71-08-12-226-006.000-026 016-5020-0727 _ .919 Leselle 2010 Reel i18 'Alive Tex Type: _ __ ~, ,Reel ~~ i; Property Key: _ _ X018-5020-0727 __ _li Use %to repieserd arcy series of cheredars. ~, Include Billing end Exemptions Search Property Key: 0.1~~ 51ete Property Key. 71-06-12.226-00600.026 Tez LhR: 16 -South BeM - Portage Tax Pates Have Nd Yet Owner of Record: Lertdrt Jots E Jr 8 Patricia A 8 Margaret E Been Determ'v~ed Fa Tez Yr !Pey Yr. 200912010 Tax Yr 2003 !Pay Yr 2010 . Prop hfo Legal pest ~ Msc ~ Trerrster FRst ~ Alert I AssessrExempt ~ Auld F4st ~ AppealsR6enk ; @Olrg ~ Names ~ Oth Assess ~ Prgeds r < J r~ Owner(s) of Record Melling Address erkin John E Jr 8 Petrkda A 8 Margaret E Address 1: 919 E Lasele Av Addreas z Country coda: ~ LtSA r~ Canede „other Property Informedon Z~ Code: 14661~~ ~ ~_ Property Key. ID18-5020-0727 C[Y ~ ~ . i Slate Property Key. 71-00-12-226-006.000-026 ~ StateRrovirce: ~ Same as Property Address Rate Desaiptiart: ~Adv Tex Rate ~ I Property Address Property TYPe !Rest~derdlel - ~ ~ Clesx 510 . ~~ Address 1: 19 LesaOs Property Class DesC ~ FamRy Dwesvrg On A Platted Ld !^ Address 2 Gantry Code ~ IJSA Q Canada r} Olhef Oovernmer3 Owned ,~ True :j False ~ ~~ i466~~ Status; i:; AciWe ~, heciive CRy Sordh Bend SteterProvince ~t! J Seme as MaPing Address S}~fd Irerafer Ame3'elion ~ Prone Pey Yrx~ ~;~ ~~ Wednesday, Apr 30, 2008 12:24 PM .,: rl ., - ~___.. ~ _ ..__~..._..___. " _._.._. _~_._...____.-.-».__._.__....~_-_._ __._~..._~_.._.___~_~_y___._ lrt .5 ;. F I j } ~'} I~ 'I`7', - ~ News - I C" ~' ~ ~ ~ ~ Scale KeY i Trons Hist ~ QuPllcete Nhr I' I J + ..~:' i ,. ;-,.1 j d ~ . ,iY:..t _ I, r-.+_ . , , ._ ,.~...-~.....- ., ,.-,,.-_...-.,..-..,--_ . _.,1......, Name ~ P,ddress Qroperty Key I~ [Owner of Record Stele Key Property Key Property Address 1 I" Pey' Q ''I+:r. nel'? CC tiFinE e'IEFr Pey Year. " - Sappington Howard W 8 Patdda J 71-06-12-226-007.000-026 010-5020-0720 923 Lasalle '201[ 2010 ~~ __ ._. _. _-__ ___ _ - .. __ ___--._- _ .__. i Tex Type: ~I, Real _ '1. I Properly Hey. _ _ __ _ 018-5020-0720 'I Use %lo represerA any ~' series of characters, ~' Include Billing end Exemptions ~eerch Tex Type Tax UnG Status .- Reel -;18 'AdWe I 1 1 =..,.•r-:4. f"Y #fxy . ,Y4-~, ~. ?y`j~d'!'2~. sit' ':`ryr !-^!J'.t ~f. Property Key. t9f~~$7''07Z9'~^~ Slde Property KeY• 71-OB-12-226-007A00-026 Tax lh1G 18 -South Bend - Portage Tax Rates Have Nd Yet Owner o1 Record Sappington Howard W 8 Pelrtda J Been Determ'rled For Tex Yr !Pay Yr. 2009 J 2010 Tex Yr 2009 J Pay Yr 2010 . ,Prof hio Legal Qesc I ,LTisc ~ Trensier Hilt I Alert ~ Assessl=xempt ~ Audd Hlst l AppeelslBenk , BGGrxj I Names I Oth assess (Proleets ~d~.;;~ t;JQ, ~1~ Men Address Owner(s) of Record g Sappngton Howard W 8 Petricla J Adtlress 1: E Leselle Ave __ _~ I I i Address 2 ~ i I ~ Coutry Code: ~`} l1SA xv Canada (] Other <6617 -j Property Intormetion Z¢~ Code: Property Key. iD18-50211-0728-~ South Bend ~Y• I Stile Property Hey. 'j71-08-12-226-007.000-026 ~d~~G 111 Same es Property Address r ^ ax Role Rate Desalptiorc ,Adv T ~ property Addess Property Type: jResiderdi~ ~ iO (]ess:I510 ~~ Address 1: 923 LasaAa Property C1ess Desc F ~g On A Platted Ld •` Atldress 2 I ~ Courtry Code .> USA Q Cermda Q Other Governmerd Owned l7 T~ :i Felsa ~ ~~ 14661x' 7 Status: i_7 ActWe (' tmcUve ~. l";orth Bend I StateRrovhcx t~ Same es Marling Address ,SpR jrensfer Amexation Comb~e Profile Pey Yrx C Go Wednesday, Apr 30, 2008 12:25 PM -.: , ..: ~. .. u......... is ~ ~ *i , + ++ ~' _..., vl,„,..~._.: - ~ ~' ~~rr J i~' .~__ ,.._.._.-,_,..~.... .--.A_..~.__,...-.....~....._ _an..,, _, R.. State KeY .Trans Ffist ~, DupGCde IVhr r, E.T~'. ; J I , ..r-j~ ; % ~ r ..;r,: ~ - ... Name ~ Address Qroperty Key ~ F Owner of Record Stile Key Property Key ~ Properly Address 1 r- Pey Yr Tex Typa Tee :"]I~k h?rat[ detr. ~.: a 'IY.er Pey Yeer. ;2010 ~ / Domogele Deen F 71-08-12-226-002.000-026 016-5020.0721 311 Francis '?010 Real X18 Tez Type: _ __ _ 'Reel ~' ' Property Key.__ _ ;078-5020-0721 ~~ _~~~_~~~ Use %1o represent srry series of chareriers. I '= Include B1Gng and Exemptions search ~ - - - .Kx ~ - - ~ c .. ` y~ -~!. - mew - ~~"; property Key. Of~2~-072T 51ete Property Key. 71-06-12.226.002.W0-026 Tax UnR 16 -South Bend -Portage Tax Rates Have Not Yet Owner of Record Domogele Dean F Been Determined For Tex Yf !Pay Yr. 2009 !2010 Tax Yr 2009 !Pay Yr 201 D . ~~Prop Nfo . Legd Qesc j M~sc ~ Trensler h6sl I Wert ~ AssessrExempt ~ Audd Hest I ApPealsrBanl~ ~ @~mg I Names , Oth assess ~ Projeds J / T~ Owner(s) of Record Melting Address ,Domogele Deen F 1 ~ Address 1: '311 N Francis Address 2 MISC ~ ~ Courhy Code: !:; USA ~'J Canada •'~; Other Property hfarmation Lp Code: 4~ 661 Property Key. At &5020-0721 C[y 1Sorth Behtl Stile Property Key: 71118-12-226-002.000-026 ~deRrormcr t~ Same es Property Address Rate Descriptiorc ~Adv Tex Reta ~~m, Address Property Type: ~Residerdi~ ~ ~ Clesx S2~ ~~ Atldress l: i911 Frauds Property doss Desc IT»ro FemAy DweFmg On A Platted Ld ~ Address 2 Country Cotle: L USA ~ Cermde ; ;~ Other Government Owned: ;' True ;:) Fdse ~ Coda 66L-J ^ Status :? Active !'• Nsc1Na Cty Bend -'-- StdeRrmvrce:~ Same n MaSng AdrS'ess ~@ Irensier Ame~ation Combyre Prof9e Pey Yrs ~ ~ ; Go ~ L=J Wednesday, Apr 30, 2008 92:25 PM ~ ., ~ t..~r,. -... :. ... ....r v.. . -' ~ 1 } Ls-~~r~ ,f~ ~ - . __ _ __..~-_..~ __ _-__ _. ~ ._ ,k ~ s> t-i + +~, ~ ~:;. ~ wows i C ~'+~ J!~' ~.. .r _._ <_....-... .. -_. .. __ r.._ _ _ ~, - Stete KeY Trans Hilt . Qupllcate Nbr _.. Name gddress Property Key '~, .F Owner of Record State Key Property Key Property Address 1 I^ Pay Yr Taz Type Tax UNt Status ',,~ ~ :I~k .Ier? tc. rletme a 5ker PaY Year. I~ ~ ~ , 2070 ~~ -H-Gaines ChristopherWBKrkpetrick 71-OB-01-461-007A00-026 018-5020-07211 _ 315 Francis ?010 Reel X16 Active Tax Type:___ Real ~I f Property Key: 018 020-0720 ---_ -~ Use %to represerM1 any - series of characters. NcNde Bitting end Exemptbns Search t _. ~ L .:~, ~,, .0.:. ~ i{.~ S. CA ~. •C'y ~. mow' ~ .:- . Property Key. 0]8.5O'R~TZ9sa Slate Property Key,71-O6-01.461-007A00.026 Tex Lk~ 16 -South Bend -Portage Tsx Rates Have Not Yat Owner of Record Gaines Christopher W & FCVkpetrkdt Dome L Been Determined For Tex Yr !Pey Yr. 2009 ! 2010 lax yr 2009 !Pay Yr 2D7 0 . ;Prop hio Legal Qesc I Msc ~ Transfer Fist ~ Alert ~ AssesslExempt ~ Audd Fist ~ AppealslBank i @ilfrrg ~ Names ~ Oth Assess ~ Projeds ~ < r - F~ Address Ma~in Owner(s) of Record g Gelnes Clristopher W BlOrkpetrick Donna L Address 1: 5 Francis I Address 2 Couriry Code: i' USA t~ Cmuda (i Other 4661~~ ~ d L C Properly Information e t o p I___~ Property Key ~1&5020-0720 Bend CHy. State Property Key. X71-00-07 A61-007AD0-026 ~~~a~~tr~ Same as Property Address Rate Descriptbrx iAdv Tax Retie properly Address Y YP ~i ___ _.^ Propert T e Residerdiel ! - C1ess:~10 JI - Address l: 715 Francis Property Class Desc Ax Fen>flY Dwelfrrg On A Platted Lot Address 2 ~I I J Cartry Code: r; ~ 115A '..~ Carmde :Other GovenxnerQ Owned V Try :.) False Zp Code 46fi1~^, a Status: (1 Alive ~'. tredlve ~ 'lrSOUth Berl -~-_-- StateRrov)nce~ Same es Madug Address ,Spl4 jfansfer AmeXation Combp'le Profile Pey Yrs: C~ ~ ~~ Wednesday, Apr 30, 2008 12:25 PM l a a ~ a! I't tt ~ ~ ' ~:~' U Yews ~ C' ~ (~JJ' J '. ~l` State Key I Trans Fdsl 'Duplicate Nbr 1 i ~ ~., t . . "' ~~r t rr . t - ,~' ^•~~.^ .~. ...~. «~ ~ .P Name !Address eroparty Key ~ it Owner of Record Stele Key Property Key Property Address 1 ,:.: nrre It define a'iFer Pey Yeer. 2010 ~; ~I / ZywicM Andrew 71-08-01-481-006.000-f126 _ 078-502D-0717 .321 Frands Tex Type: +Real _ ~ Property Key. I~ 016-502D-0717-~_ ~-~--- -~ Llse Y to rePresert arty series of cPiaraders. ~; Include Bilfutg and Exemptions Search t.. 8 !Active Property Key. &5020-077 State Property Key. 71-08-D1.481-006.000-026 ~...~......,~. 7f iex tkt8: 18 -South Bend -Portage Tax Rates Have IJd Yel Owner of Record Zywicld Ar1d'ew Been Determined Fw Tex Yr !Pay Yr: 2009 !2010 Tex Yr 2003 !Pay Yr 2010 . rQrop Info Legal Qesc ~ LvTisc I Transfer FGSt I Alert Assessl~xempt I Rudd FGst I Appeels~Benk_ i @~9 I Names .0th Assess I Projeds ci 4 ~ t~ Address M M Owner(s) of Record ai g ZywIcM Andrew Address 1; '1321 N Frarxis 9 ' I Address 2 1 ~ If cartry coda: ~~ USA ^ cennde ~~ Omar 4661 property Informatbn Zp Code: 1 Property Key. 1016-5020-0717 C[y W Berrd State Property Key. ~71-06-Ot-461-0O6D00-026 ~de~~~ itt Same es Roperty Address Rate Desttlptiort !Adv Tez Rade ~ ! property Address Property Type: ~Resldertiel ~~~ Clesx r5lJ~ Address t: Frercls ! Property tless Desc Orre Family DweOrg On A Platted Ld ~ Address 2 Courtry Code: ~ IISA t"? Cmrada ~? Oltrar Oovemmert Owned V True •`.; FaW ~-~ O rP Cock 46817 Slalux ~:: Actlva `. ' Ytedlve Cyy ~~ [end - .-.._ . --. - . . S1ateRrovhce: NIt Same es Maifvg Address SPO iraruter Amexation ~ Profile Pey Yrxl ~'~~ ~artcd Wednesday, Apr 30, 2008 12:25 PM ._..___.~__.._.___ __..___.-_~ a _~~..___.__ __._ t„ s ~ Ai I + +f dA f,= • ~ Views - I C' ~ u IJ i ~" . -.__,.....,._. ..~, .. - State l_(ey j Trans Wst DupAcate Nhr + t 1 ~ ",'. , i r u .. a , „ { - ~ ~ ~ _ Name ~ Address Qropedy Key ,~I~ F Owner of Record State Key ~ Property Key Property Address 1 r? Pey Yr Tax Type Tex Und Status ',8 'o:: heiz tc defcrt a urc•~ Pey Yeer. 99 2010 1~ ~ Saud Joseph's Regional Metlical 71-08-01-461-OOSA00-026 016.5020-0716 325 Frencls Ld 9 12010 ReEI !16 Actve I Tez Type: ___ REEI Property Key._ __ 1016-5020-0716 .. Use %to represerA any seiiES a1 chei viers. ktelude Billing end Exemptions Property Key. Qa&'gffi11115 State Property Key. 71-08-01-461-005.000-D26 Tex Lkilt 1 B -South Bend -Portage Tax Rates Heve Nd Yet Owner o1 Record Sent Josephs Regional Medical Center - Sc Been DetemT~Ed For Tax Yr !Pay Yr. 2009 !2010 Tsx Yr 2003 !Pay Yr 2010 . ~Qrop Mo Legal Qere ~ Mse ~ Transfer FGst (Alert ~ Assess/Exempt ;Auld F4st ~ Appeelsrl3eNS I @3in9 ~ Names ~ 0th Assess ~ Projects i-a - ~.~ MaTin Address Owner(s) of Record g Salyd Josephs Regional Medical Carder -South Bentl Campus, Grc - ~ Address 1: ~ O Box 1935 Address 2 i I ~ ~ Country Code: 'J LISA . j Canada ;~~ OOxr 4653r3~ d C Property Mormation o e: , ~ Ip Property Key. ,0185020-f1716 ~, Sorth Berx1 - State Property Key. X71-06-01-481-005.000-026 sdepyoyy~~ htt Same as Property Address i Rate Descrlptiart IAdv Tex Rete ~ ~ properly Address Property Type: ;Exempt r ~~ pass: 699 ~,~ Address 1: j325 Francis Ld 9 Properly Ctess DesC Other Exempt Property O+vned By An Address 2 iOrgeNZatlon Tha! Is Grarded An Fxenptan Cotrtry Code: ;7 USA Q Canada !;~ Other Government Owned ~'~} True ::) Fella ~ Code: <661~ ^ Status .~ Active v hactive Cdy Stith Bend -_-- SlCelProvirxe: ~' J Seme as Ma+Turg Adbess ySpQ Ira~ter AmezetiM ~ Profile Pay Yrs: ~ r i ~ ~ L.-~ Siea dr Wednesday, Apr 30, 2008 12:25 PM 1200 CouNTY-C1~lY Bvu.DING 227 W. JEFFERSON BOULEVARD SOLJTII BEND, INDIANA 46601-1830 P»oNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR May 2, 2008 South Bend Common Council w~ ~~ ~~ ~~ _ ~~ - Fourth Floor Council Chambers 227 W. Jefferson Boulevard South Bend, IN 46601 Dear Council Members: The attached bill for your consideration and approval will appropriate $1,000,000 from the Industrial Development Fund, Fund 434, for repayment of the Section 108 Loan for the Studebaker/Oliver Project. As required by Indiana Code 36-7-13-5, the Council may not conduct any business requiring expenditures from Fund 434 without the approval, in writing, of a majority of the members of the South Bend Advisory Commission on Industrial Development. On May 2, 2008 the Advisory Commission on Industrial Development met and unanimously approved Resolution No. 7-2008 recommending that the $1,000,000 received for Fiscal Year 2007 be appropriated and spent for the repayment of the Section 108 Loan for the Studebaker/Oliver Project. A copy of Resolution No. 7-2008 is attached for your review. I will attend the Council meeting when the ordinance is considered. Contact me at 235-9374 or akolata(a,southbendin.gov if you have any questions. Sincerely, ~/Y ` G Ann E. Kolata Senior Redevelopment Specialist MAY - 7 2008 ,i01iN VOORDE Cil'Y CLE'I!:, S0. BEND, ITf. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAMELA C. MEYEA DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD !~ G~/,, FAx: 574/235-9697 574/235-9371 , /,1 •~ {MQv_./'~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT STATEMENT OF PURPOSE AND INTENT This bill will appropriate $1,000,000 from the Industrial Development Fund, Fund 434, for repayment of the Section 108 Loan for the Studebaker/Oliver Project. As required by Indiana Code 36-7-13-5, the Council may not conduct any business requiring expenditures from Fund 434 without the approval, in writing, of a majority of the members of the South Bend Advisory Commission on Industrial Development. On May 2, 2008 the Advisory Commission on Industrial Development met and unanimously approved Resolution No. 7-2008 recommending that the $1,000,000 received for Fiscal Year 2007 be appropriated and spent for the repayment of the Section 108 Loan for the Studebaker/Oliver Project. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. The sum of $1,000,000.00, plus interest earned thereon, from the tax increment revenues from the CRED is hereby appropriated and set aside within Fund 434 for repayment of the Section 108 Loan for the Studebaker/Oliver Project. 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 i 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 2 , at o'clock . m. day of Mayor, City of South Bend, Indiana 1 st R~ADi~G ~ "~ t' ~~~ FUBL(C HEARING 3rd E:EAD(NG NCB i A.FPROVFA REEEF.t~ED' PASSED' Fii~cf 4t~ Ci~~"i~'~ ~#fi~e X41 AY - 7 2008 J4Eit4 VQfi~ADE Cl'i'Y CLEAiC, SQ, BE'r.D, IN. 1200 CovNZY-CITr Buv-DING 227 W. JEFFERSON BOULEVARD SOL7TH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR May 5, 2008 President Timothy Rouse President South Bend Common Council 400 County-City Building South Bend, Indiana 46601 Dear President Rouse: The attached ordinance for Council consideration will appropriate $178,320 in renewal funding under the 2007 Shelter Plus Care Program (SPC) and covers the period of August 1, 2008 through July 31; 2009. The City serves as a fiscal agent and recipient of funds for the eligible agencies receiving the SPC dollars. The funding allocated provides assistance with housing for Madison Center's severely mentally ill clients and Aids Ministries HIV/Aids clients. As noted in the conveyance letter from the Department of Housing and Urban Development (HiID), addressing homelessness is one of HUD's top priorities and the continuance of these projects makes a significant contribution toward assuring the development of a continuum of care system iil our community. John Sellers or I will be presenting this ordinance at the May 27, 2008 meeting. Please contact me with any questions prior to then. Thank you. Sincerely, p GZi'~:Ci(.C-- ~ Pamela C. M er Director Cc: J. Sellers J. Gibney C. Fanello J. March B. Leonard filed r~ ~e~ ~c'~ ~~-i~e MAY - 7 2008 ~oc~*~ vocFOe C!'TY CI~RK, 50. BE'10, (tJ. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMINT FINANCIAL SC PROGRAM i ' PAMELA C. IVIEYER ~ DONALD E. INKS MANAGEMENT 574/235-9660 5741235-9371 ELrzasarx LEONARD ~ V~ FAX: 574/235-9697 574/235-9371 ~~~ ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $178,320 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT lii order to deliver services to seriously physically and mentally ill individuals within our community, The City of South Bend received funds from the U. S. Department of Housing and Urban Development for the delivery of such services through various subgrantees. The funds appropriated in this ordinance will aid in defraying the costs of housing and related services. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. The sum of $178,320 is hereby appropriated in Fund 212 and shall be administered by the Department of Community & Economic Development and its designated subgrantees as noted below: Madison Center IN36C60-2044 $134,664 Aids Ministries/Aids Assist IN36C60-2043 43,656 TOTAL $178,320 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented to me by 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 at o'clock_.m. 2_, Mayor, City of South Bend, Indiana 1st PEAI?~~!G ~'«--~~ PlSELlC NE,~f?iNG rr~ F:EAD[P!G TOOT A~'~~-~OVED ~t~~€~ gl1 ~3;;ek'p ~{i~C~ hh AY - 7 2oas w!~t#iv'dCGRCE CITY G~ EFtt4, ED. 5~~ '~._,_~''~__ REFE2RED. PASSED COUNTY-CTI'Y BUILDING 227 ~/. JEFFERSON BLVD. Solm-I BEND, INDUNn 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-921 G FAx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER May 7, 2008 ~\~\ ~~~ ~~ ~~, Mr. Timothy Rouse President, South Bend Common Council 41h Floor, County-City Building South Bend, IN 46601 Re: Appropriations Ordinance Dear Mr. Rouse: Attached is an ordinance which appropriates funds from various accounts. We have combined all requested appropriations in one ordinance for the sake of efficiency. The various appropriations involved funds for expenditures which were projected in the 2008 budget process though not precisely. Other appropriations were budgeted and previously appropriated in 2007, but the projects involving the designated funds were not completed in 2007. A summary of the appropriations covered by this ordinance is as follows: 1. UDAG Fund #410 -Appropriate $1,000,000 for zoo repairs. This was originally approved in 2007, but the contract process was not completed. 2. UDAG Fund #410 -Appropriate $1,000,000 for City's financial investment in the Notre Dame Nanotechnology Center. 3. EDIT Fund #408 -Appropriate $110,000 in unencumbered funds for Project Future billings not paid in 2007. 4. Emergency Medical Services Fund #288 -Appropriate $105,000 for Phase I of the Training Tower Project, of which $100,000 is Indiana State grant funds and $5,000 is a donation from Wal Mart. JANICE L. HALL ,JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY Mr. Rouse Page 2 May 7, 2008 I will present the ordinance to the Council at its Committee meeting and at the public hearing. Thank you. Sincerely; M. Catherine Fanello, CPA Controller ~it~d 4t~ ~6~r~'~ ®~~~ce MAY - 8 2008 J4liN ~5QDR1;~hiD, IN. CITY CI.ENK, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE FUND5 FROM VARIOUS ACCOUNTS: $2,000,000 FROM UDAG FUND (#410); $110,000 FROM EDIT FUND (#408); AND $105,000 FROM EMERGENCY MEDICAL SERVICES FUND (#288) FOR VARIOUS COSTS STATEMENT OF PURPOSE AND INTENT In order to adjust the City's finances in 2008 as a result of costs which were projected but not precisely known when the 2008 budget was adopted,. it is necessary to make specific appropriations from various City funds. It is further necessary to make appropriations for other expenses previously budgeted, payment of which was delayed for reasons outside City management control. The appropriations within this ordinance are the following: UDAG Fund #410 -Appropriate $1,000,000 for zoo repairs. This was originally approved in 2007, but the contract process was not completed. 2. UDAG Fund #410 -Appropriate $1,000,000 for City's financial investment in the Notre Dame Nanotechnology Center. 3. EDIT Fund #408 -Appropriate $110,000 in unencumbered funds for Project Future billings not paid in 2007. 4. Emergency Medical Services Fund #288 -Appropriate $105,000 for Phase I of the Training Tower Project, of which $100,000 is Indiana State grant funds and $5,000 is a donation from Wal Mart. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of $2,000,000 is hereby appropriated and set aside within UDAG Fund #410, of which $1,000,000 is for zoo repairs and $1,000,000 is for the City's investment share of the Notre Dame Nanotechnology Center. Section II. The sum of $110,000 is hereby appropriated and set aside within EDIT Fund #408 for the City's financial obligation to Project Future. Section III, The sum of $105,000 is hereby appropriated and set aside within Emergency Medical Services Fund #288 for Phase I costs of the Training Tower Project. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. L ~ w~ ~,, ~ ~-1~ Vic. ` Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2 , at o'clock . m. City Clerk Approved and signed by .me on the day of o'clock . m. day 2 at Mayor, City of South Bend, Indiana 1st READiI~G ~ - ~1- "~ g PU6LiC FiEAF:ENG 3 rd F:E,a-.GEE~G NOT APP~OY~D nEFf2RED PASSED Filed in Clerk's Ofi~ic~ MAY - 7 ~$ d©NN VOOtiDE CRY CLERK, 84.8ENq, tN. `.. V CAUNTY-CITY BUII.DING 227 ~ JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9216 FAx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER ~~~~ ~~- 3~ cog May 7, 2008 -- - Mr. Timothy Rouse . President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Appropriations Ordinance -Local Roads and Streets Fund (#251) Dear Mr. Rouse: Attached ~is an ordinance which appropriates $2,000,000 from Local Roads and Streets Fund (#251) for construction work at the Ironwood and McKinley intersection. All funds for this appropriation were provided by the State of Indiana and were received by the City in November 2007 I will present the ordinance to the Council at its Committee meeting and at the public hearing. Sincerely, M.Catherine Fanello, CPA Controller Fi~~~ 1~ ~~~r~°~ ~t~~c® MAY - 8 2008 JQh`ri VQ~1~iL't: Cf1Y C~rtiK, S~. ~~~~, tN. JANICE L. HALL JoHNMvRrHY RosERZALLEN DIRECTOR ASSISTAN'C CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $2,000,000 FROM LOCAL ROADS AND STREET FUND (#251) FOR IMPROVEMENTS AT THE IRONWOOD/MCKINLEY INTERSECTION STATEMENT OF PURPOSE AND INTENT It is necessary to appropriate $2,000,000 for construction work at the Ironwood/McKinely intersection. This expenditure was previously approved, but necessary contracts could not be executed before the end of 2007. All funds for this appropriation have been provided by the State of Indiana and were received by the City in November 2007. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of $2,000,000 is hereby appropriated and set aside within Local Roads and Streets Fund ,#251, for construction and other expenses to improve the intersection at Ironwood and McKinley in the City of South Bend. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council 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 , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 at o'clock . m. 1st READING ~ tt~~ PUBi{C HEARING rd A,EADiNG rrO7 APPROVED ~:EFEnRED PASSED Mayor, City of South Bend, Indiana ~ii~d In ~t~rk'~ ~~fic® ~ AY - 72008 JOFtN YQORDE CIl'Y CLERK, B0. BEND, IN. CAUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. Sovn-I BEND, INDInNn 46601-1830 PxoNE574/235-9216 FAx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER 'C-<« ~~ 3~-~~ May 7, 2008 Mr. Timothy Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Appropriations Ordinance -General Fund (#101) Dear Mr. Rouse: Attached is an ordinance which appropriates $218,963 from General Fund (#101) for the costs of the 2007 election. These costs were not precisely known during the 2008 budget process. I will present the ordinance to the Council at its Committee meeting and at the public hearing. Sincerely, i M. Catherine Fanello, CPA Controller Fited ira ~terk's ©fi~ice MAY - 8 2008 JOHN VOORDE CITY CLERfC, 5©, 6END, iN. JANICE L. HALL JoIiNMuRrI-nr RosaxTALLErI DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $218,963 FROM GENERAL FUND (#101) FOR 2007 ELECTION COSTS STATEMENT OF PURPOSE AND INTENT It is necessary to appropriate $218,963 from General Fund (#101) for the costs of the 2007 election which could not have been precisely known during the 2008 budget process. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of $218,963 is hereby appropriated and set aside within General Fund (#101), for the cost of the 2007 general election. 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. `~ \ ~ v+~w~^~1 ~ • y~,~f car. c~ Member of the Common Counci Attest: Cit}~ Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of o'clock . m. ~t~~~ ~~ c~~~k~~ o~~~e day 2 at City of South Bend, Indiana 1 st Rf:ADI~IG S -1~."~~ PUBLIC HEARING 3 rd P,EADlNG NOT APPROVED )DEFERRED PACCGn SAY - 7 2008 J4HI,i Ii~ORpE CITY CLE"nK, E0. BFP.D, !N. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 701 SOUTH GRANT STREET AND 601 COTTAGE GROVE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR F[IUMANITY WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and requesting that the areas commonly known as 701 South Grant Street and 601 Cottage Grove Avenue, South Bend, Indiana, and which are more particularly described as follows: Lot 62 & N %Z Lot 61 Gorsuchs 4"' Add. and Lot 28 & No. '/2 Vac Alley South & Adj. Cushing & Lindsey and these properties have Tax Key Numbers 18-4007-0236, and 18-1068-2914, be designated as Residentially Distressed Areas under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WI-IEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WI~REAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WI~REAS, the Council has determined that the qualifications for a residentially distressed area have been met. r,~ NOW, THEREFORE, BE IT RESOLED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and fmds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seQ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and fmds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benef is that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. 2 ..y F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et se . SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~ ~w.~,~~~. q~ v~u~1 Member of the Common Council PPESENTED S - i Z'v NOT APP~C~~!E ADOPTEp ~ 3 ~6~~'~ l~ !~ier(c'~ Ufi~ece ~ ~ ~ <<;n$ n:, __e~~7 JCiit 'dDs{D~ CETY C~ES~, sU. C~~C, l~1. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1433 Northside Boulevard AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO-YEAR (2) REAL PROPERTY TAX ABATEMENT FOR River Rock, Incorporated WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1433 Northside Boulevard, South Bend, Indiana, and which is more particularly described as follows: Parcel I: LOT 113 & S '/2 VAC ALLEY N &ADJ EUCLID PARK ADDN; Parcel II: 18T 114 & S '/2 VAC ALLEY N &ADJ EUCLID PARK ADDN; Parcel III: LOT 112 & N '/2 ALLEYS &ADJ EUCLID PARK ADDN; Parcel IV: LOT 110 EUCLID PARK ADD LOT 111; and Parcel V: LOT 109 &'/z VAC ALLEY N &ADJ EUCLID PARK and which has Key Numbers 18-6026-0707; 18-6026-0708; 18-6026-0706; 18-6026- 0704; and 18-6026-0703, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the annual amount for which similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the amount of $70,616. SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of two (2) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et se . SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Coun it ._~_,~~~o S- 1 t -~ ~ NOT APPR01~ELt ADOPTFJA „ ,:;;. Ftlc~ to Cte~k'~ CffECe APR 2 3 2008 JGttis'~ V4CRDE CiPY CLERK, ~`~.'. t~ND, IN. .. - • . SpUTH dF ... ~~ ~~~1~711~/~/ 'iQ /F ~ / ~~ U \\~ d a Community & Economic Development w"`~~:~~ 1865 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 ~ Phone 574/235-9371 • Fax 574/235-9021 To: South Bend Common Council From: Bob Mathia~,~,-~- Subject: Tax Abatement- 1St Source Land Trust #13 (Robert F. Jagger) (Bill # 08-53) Date: May 22, 2008 The subject tax abatement is scheduled to be considered for a Confirming Resolution at the May 27, 2008, meeting of the Common Council. The Petitioner has requested additional time to examine the requirements for an alternative tax abatement offered through the Urban Enterprise Zone. Therefore, the Petitioner is requesting that consideration of its Confirming Resolution be postponed until the July 14, 2008, meeting of the Common Council. cc: Mr. Robert F. Jagger "~ PostponementMemo.5.22.08 What We Do Today Makes A Difference ! "' f~;l\ No og.-.;3 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ,1401 SOUTH MAIN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR 1ST SOURCE LAND TRUST #13 (ROBERT F. JAGGER) d/b/a OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1401 South Main Street, South Bend, Indiana, and which is more particularly described as follows: Lot 2 Studebaker Corridor 5`h Minor Sub and which has Key Number 18-8005-0230, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. The Common Council hereby determines that should the Company receive the Enterprise Zone Investment Deduction under I.C. 6-1.1-45 for the same property, this Tax Abatement designation shall become null and void. The Company may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Coon ~ T?RESERITED S -' Ll -a t• FOT APPROVED ~i~~~ I~ ~;~~°'~'~ €~ff~~e ~AAY - ~ 2oa8 J~3F,f! 4°o0~{'wE CITY Ct~n~+, S~. 5w~~, !N. fkDOpTED (~~~~ P~a~ o~ ~~1 RESOLUTION NO. A RESOLUTION CONFIRNIING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN -SECTION I (A certain 51 lots located on approximately 56 acres north of Brick Road, and west of and adjacent to the U.S. 31 Bvpass) AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as A CERTAIN Sl LOTS AS LISTED IN EXHIBIT A TO THIS RESOL UTION, ALL IN THE VILLAS AT LAKE BLACKTHORN- SECTIONI, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: TIIE VH,LAS AT LAKE BLACKTHORN, SECTION ONE A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED "SEC. CORNER"; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475-477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPEAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT #0323151. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. and this property which has Tax Key Numbers as listed in Exhibit A to this Resolution, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sew., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South 2 Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and fmds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years conznze~zcing from November 12 2008, or the date of the adoption of this Resolution by the Common Council whichever date is later. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years commencing from November 12 2008 or the date o the adoption of the Declaratory Resolution by the Common Council whichever date is later. SECTION V. The Common Council hereby determines that the. property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council s -Z1-~8' PR~SEi~'i~L~ '~, ~g r ~ "=,~ MAY - 7 2008 J~t~P~1 V~~ Y~ CfTY CG~"hif, ~f?. ~~'ti~, i[d. ~papTk~ ~ 4 Exhibit A THE VILLAS AT LAKE BLACKTHORN -SECTION I LIST OF 51 LOTS LOT # STREET ADDRESS KEY # VLB lot 6*" 4622 Lake Blackthorn Drive 025-1010-017624 6616 Dockside Drive VLB lot 7 6568 Dockside Drive 025-1010-017625 VLB lot 8 4636 Starboard Drive 025-1010-017626 VLB lot 9 4644 Starboard Drive 025-1010-017627 VLB lot 11 4710 Starboard Drive 025-1010-017629 VLB lot 12 4720 Starboard Drive 025-1010-017630 VLB lot 13 4728 Starboard Drive 025-1010-017631 VLB lot 15 4746 Starboard Drive 025-1010-017633 VLB lot 17 4814 Starboard Drive 025-1010-017635 VLB lot 18** 4822 Starboard Drive 025-1010-017636 6506 Still Waters Court VLB lot 19 6510 Still Waters Court 025-1010-017637 VLB lot 21 6507 Still Waters Court 025-1010-017639 VLB lot 26 4938 Stern Line Court 025-1010-017644 VLB lot 27 4946 Stern Line Court 025-1010-017645 VLB lot 28 4954 Stern Line Court 025-1010-017646 VLB lot 29 5004 Stern Line Court 025-1010-017647 VLB lot 32""' 5011 Stern Line Court 025-1010-017650 6505 Cuddy Court VLB lot 37 4935 Stern Line Court 025-1010-017655 VLB lot 39 4915 Stern Line Court 025-1010-017657 VLB lot 40** 6535 Leeway Drive 025-1010-017658 4906 Masthead Court VLB lot 43 5006 Masthead Court 025-1010-017661 VLB lot 46 5015 Masthead Court 025-1010-017664 VLB lot 49 4917 Masthead Court 0251010-017667 VLB lot 54 5002 Bow Line Court 025-1010-017672 VLB lot 55 5010 Bow Line Court 025-1010-017673 VLB lot 56 5013 Bow Line Court 025-1010-017674 VLB lot 57 5003 Bow Line Court 025-1010-017675 VLB lot 59 4925 Bow Line Court 025-1D10-017677 VLB lot 60 4919 Bow Line Court 025-1010-017678 VLB lot 69 4738 Portside Drive 025-1010-017687 VLB lot 72 4712 Portside Drive 025-1010-017690 VLB lot 73 4704 Portside Drive 025-1010-017691 VLB lot 75 4627 Pier Court 025-1010-017693 VLB lot 77 4611 Pier Court 025-1010-017695 VLB lot 78 4603 Pier Court 025-1010-017696 VLB lot 79 4604 Pier Court 025-1010-017697 VLB lot 80 4614 Pier Caurt 025-1010-017698 VLB lot 81 4624 Pier Court 025-1010-017699 VLB lot 82** 4632 Pier Court 025-1010-0177 6626 Dockside Drive VLB lot 85 6613 Dockside Drive 025-1010-017703 VLB lot 88 4645 Starboard Drive 025-1010-107706 VLB lot 89 4703 Starboard Drive 025-1010-017707 VLB lot 90 4711 Starboard Drive 025-1010-017708 VLB lot 91 4719 Starboard Drive 025-1010-017709 VLB lot 93 6530 Lake Crest Circle 025-1010-017711 VLB lot 95 6521 Lake Crest Circle 025-1010-017713 VLB lot 96 4805 Starboard Drive 025-1010-017714 *VLB 1~` Re-plat lot 2 (formerly lot 98) 4821 Starboard Drive Formerly 025-1010-017716 *VLB 1~` Re-plat lot 1 (formerly lot 996) 4829 Starboard Drive Formerly 025-1010-017717 VLB lot 101 6530 Leewa Drive 025-1010-017719 VLB lot 106 6634 Leewa Drive 025-1010-017724 * NOTE: These 2 parcels were recently re-platted and do not have new key numbers assigned yet. The key numbers listed here reflect the previously assigned ones for lots 98 and 99B. The Assessed Value is an estimate based on other similar lake lots still owned by the Developer. The disparity in the AV of similar vacant lots is due to the differences between the AV and the tax rates assigned to the Developer owned parcels vs. the market rates assigned once the lot is sold. ** These are corner lots with two potential addresses listed. ,A ~, ~h AY - 7 20x8 Imo- dGk':t~' ~?f i'sDe CITY GLFi't1-~, ~D• ra~'vD, tPl. 6 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN SECTION II (Located on approximately 2.7 acres north of Brick Road, east of Orange Road and west of the U.S. 31 Bypass) RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR The South Bend Redevelopment Commission for the benefit of: COOREMAN REAL ESTATE GROUP, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as The Villas at Lake Blackthorn Section Two, South Bend, Indiana, and which are more particularly described as follows: LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING MARKED BY A 1 1/2" DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A 1" DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTHD DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE DRIVE AND A POINT ON ANON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD. and which has kev numbers LOT # STREET ADDRESS KEY # VLB lot 109 6735 Blackthorn Harbor Drive 25-1010-017403 VLB lot 110 6747 Blackthorn Harbor Drive 25-1010-017428 4808 Oran a Road 25-1010-017428 VLB lot 111 4736 Oran a Road 25-1010-017429 6740 Blackthorn Harbor Drive 25-1010-017429 VLB lot 114 6716 Blackthorn Harbor Drive 25-1010-017728 4739 Portside Drive 25-1010-017728 be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 2 SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et se .~ SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council PRESEM'E~ ~~ LZ ~ FIOT APPROVED 4 ,~"~.,'',3 2 3 200 ,lC,F1N UCQSCE CITY CL-c1F, «G. EEh'D, tN. a'~DOPTEta 14(1(1 C,OUN•IY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SovTx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 5741235-9241 Fnx 5741235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY May 20, 2008 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy Rouse ~ ~ ~ ~ (~ . ~~ -C~~ President, South Bend Common Council 4`'' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending Chapter 2, Article 5 of the South Bend Municipal Code Dear Mr. Rouse: On May 12, 2008 the South Bend Common Council passed Bill 22-08 which authorizes the Board of Public Works at the request of the City Controller to make claim payments in advance of Board allowance of such claims. Authority for this procedure is derived from Indiana Code § 36-4-8-14. During the Council's deliberations on Bill 22-08, Council's attorney recommended that the South Bend Municipal Code be amended to codify this authority. The attached ordinance will do just that. I will present this ordinance to the Common Council at its committee meeting and at the public hearing. I thank you in advance for your favorable consideration of this ordinance. Sincerely, Aladean M. DeRose Chief Assistant City Attorney AMD/cw cc: Kathleen Cekanski-Farrand THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS STATEMENT OF PURPOSE AND INTENT On May 12, 2008 the South Bend Common Council approved and passed Bill 22- 08 which authorized the Board of Public Works upon request of the City Controller to make claim payments in advance of Board allowance of such claims pursuant to Indiana Code § 36-4-8-14. Bill 22-08 authorized this procedure in full conformity with Indiana Statute, and it is now necessary to codify such authority within the South Bend Municipal Code. Iv`OW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. Chapter 2, Article 5 of the South Bend Municipal Code is hereby amended to add a new Section 2-50.1 which shall read as follows: Section 2-50.1 Preapproved Payment of Claims Unless otherwise required by State law (Indiana Code § 36-4-8-14), the Board of Public Works of the City of South Bend, Indiana, on request of the City Controller, may make claim payments in advance of Board allowance of such claims for the following kinds of expenses: (1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions; (2) License or permit fees; (3) Insurance premiums; (4) Utility payments or utility connection charges; (5) General grant programs where advance funding is not prohibited and contracting party posts sufficient security to cover the amount advanced; (6) Grants of state funds authorized by statute; (7) Maintenance or service agreements; (8) Leases or rental agreements; (9) Bond or coupon payments; (10) Payroll; (11) State, federal; or county taxes; (12) Expenses that must be paid because of emergency circumstances; (13) Fees and expenses related to real property transactions such as the cost of obtaining title information, and the recording of documents; and (14) Other expenses expressly permitted by state statute as amended from time-to-time. Each payment of claim made shall be supported by a fully itemized invoice or bill and certification of the City Controller, and the Board of Public Works shall review and allow the claim at its next regular or special meeting following the pre-approved payment of the expense. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member, South Bend Common Co~ncil Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2008, at o'clock .m. City Clerk Approved and signed by me on the day of , 2008, at o'clock . m. I sF R~ADt~dG S 2~ -`~ g PUBlEC HEARIi~tG 3 rd REA.DEPvG '':'~ ~ A^rP{;OV~D itE=-E?~RED PASSED Mayor, City of South Bend, Indiana `cli1 f t ~ LI)U~ JQNtd `i04"LE CfTY ClrE~C, SG. E}~h:k7, ltd. 1200 COUNTY-CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAX 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR May 16, 2008 ~ _. e- `~ _ South Bend Common Council ~--~ l ~ ` ~~ ~ _ `~ ~ ~~ Fourth Floor Council Chambers 227 W. Jefferson Boulevard South Bend,1N 46601 Dear Council Members: The attached bill for your consideration and approval will appropriate $40,000 from a United States Environmental Protection Agency Brownfield Site Assessment Grant and $6,000 from the Indiana Finance Authority Federal Matching Grant Incentive program within Furid 209 for site assessment activities in the City of South Bend. The funds will be used to continue our citywide assessment program on sites impacted by petroleum products. This could include former gas stations on our commercial strips as well as other petroleum sites. I will attend the Council meeting when the ordinance is considered. Contact me at 235-9374 or akolata(a,southbendin.gov if you have any questions. Sincerely, % ~~ ~ ~~~ Ann E. Kolata Senior Redevelopment Specialist ~i{c~ In ~{er{c'~ Ofi~ice h4 AY 2 1 2008 JOHN VOORDE CITY CLERK, SO. BEND, IN, COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235-9660 5741235-9371 ELIZABETH LEONARD y~ FAX: 574/235-9697 574/235-9371 Jr-\\ ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $40,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND $6,000.00 FROM THE INDIANA FINANCE AUTHORITY FEDERAL MATCHING GRANT INCENTIVE PROGRAM WITHIN FUND 209 FOR THE PURPOSE OF CONDUCTING BROWNFIELD SITE ASSESSMENT ACTIVITIES IN THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT This bill will appropriate $40,000 from a United States Environmental Protection Agency Brownfield Site Assessment Grant and $6,000 from the Indiana Finance Authority Federal Matching Grant Incentive program within Fund 209 for site assessment activities in the City of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. The sum of $40,000.00 from the U. S. Environmental Protection Agency Brownfields Site Assessment Grant within Fund 209 for site assessment activities in the City of South Bend is hereby appropriated. Section II. The sum of $6,000.00 from the Indiana Finance Authority Federal Matching Grant Incentive program as a match to the grant mentioned in Section I within Fund 209 for site assessment activities in the City of South Bend is hereby appropriated. 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. (~ 'n _ 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 1 st READIPdG ~ ^ Z~ ~~ PUBLIC V-~E,^,RlitiG 3 rd READV~ 1C Iv,OT APPRO`!ED REFERRED pAS~ED ~P.= ~~~~~ ~n~9~.:~ MAY 21 2008 I2OO COLTN'IY-C77Y BUILDING 227 `~ JEFFERSON BOULEVARD SOUTH BEND, INDIANA 466O~I-I83O PHONE 574/ 235-9371 FAx 574/235-9021 TDD-574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTNE DIRECTOR May 19, 2008 Councilman Timothy Rouse President, South-Bend Common Council ~ ~ ~` ~~ c, _ ~ JC' ,,,,_ 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Parking Garages Rates Dear President Rouse: Enclosed for filing with the South Bend Common Council is an Ordinance to fix rates at City owned parking garages. Redevelopment Staff requests the monthly rate charged for Colfax Street Parking Garage, Wayne Street Parking Garage and Leighton Plaza Parking Garage be established at $45.00 for monthly standard parking per vehicle in the area located above the gates and $55.00 monthly premium parking per vehicle in areas marked as reserved.. All of these garages are operated by AMPCO System on behalf of the Commission. The Board of Public Works is considering adopting a Resolution on May 27, 2008 which sets out rates for vehicles parked at City operated garages, a copy of which is attached. These rates are reasonable and are designed to bring in revenue sufficient to cover the cost of maintaining and operating the parking facilities. I will present this bill at the June 9, 2008 Common Council Session. Thank you in advance for your favorable consideration of this Ordinance. Sinc ely, ~~~ D nald E. Inks Director of Economic Development DEI/dj I~il~d In C1erk'S Office MAY 2 1 2008 JOHN VOORCE CITY CLERK, S0. REND, (N. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 5741235-9660 5741235-9371 Fax: 574/235-9697 FINANCIAL & PROGRAM MANAGEMENT ~. ELIZABETH LEONARD 574/235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING MONTHLY PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Indiana Code Section 36-9-11-7 authorizes the Board of Public Works to fix reasonable rates and charges to be collected for parking vehicles in parking facilities owned and operated by the City and for other use of those parking facilities so as to promote the maximum use of the faci]ities by the public in a safe, orderly, and efficient manner. Such rates fixed by the Board of Public Works are subject to the approval of the Common Council. The Board of Public Works adopted a Resolution on May 27, 2008 which sets out rates for vehicles parked at City operated. garages, a copy of which is attached hereto and incorporated herein. These rates are reasonable and are designed to bring in revenue sufficient to cover the cost of maintaining and operating the parking facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The following monthly parking rates shall be charged for vehicles parked at City operated garages: Old Rate New Rate A. Monthly Rate -Standard Parking per vehicle in $40.00 $45.00 area located above gates. B. Monthly Rate -Premium Parking per vehicle $50.00 $55.00 in areas marked as RESERVED. Section II. The option to issue or renew agreements for parking in City-owned and operated garages lies with the sole discretion of the Board of Public Works or its designee. Unless otherwise designated, parking spaces shall be allocated on a first come, first served basis. Should the demand for parking exceed supply, priority for parking spaces shall be given to those who pay the monthly rate as long as payment is timely and current. Section III. At this time the Board of Public Works has designated the corporation AMPCO to operate and manage aII City parking garages. AMPCO, or any successor to AMPCO designated by the Board of Works, through its agents and employees, shall have full power and authority within the confines of City operated parking facilities to enforce the rules and restrictions concerning parking time limits and the reservation of spaces for persons who pay premium rates and for those who have handicap permits. Section IV. The monthly rates and rules for City operated parking garages in this Ordinance supersede those rates and rules established in prior Ordinance No. 9397-03, but the hourly. rates set forth in Ordinance No. 9397-03 shall remain in full force and effect. Section V. The effective date of this Ordinance. shall be August 1, 2008 conditioned upon its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk of Presented by me to the Mayor of the City of South Bend, Indiana on the day 2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. 2 , at Mayor, City of South Bend, Indiana t st REAl~6NG ~ Z'1 "~ PUBLiC l~EAP.ING 3 rd REAClNG NOT APPROVED RE'rERRED SASSED .. ~~~~et [~'! ~~~~~'~ ~~~igli® ~,ti AY 2 ? ~C~08 ,,._...,.,_..a~.,.... JC~IP1'dL1C~Ap s, CITY CLFt~Y, `~~..,:.t•7, tt3. RESOLUTION NO. A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, FIXING RATES AND CHARGES TO BE COLLECTED FOR THE PARKING OF VEHICLES AT MUNICIPALLY ORPERATED PARKING GARAGES WHEREAS, Ind. Code 36-9-11-7 authorizes the Board of Public Works to fix reasonable rates for municipally operated parking garages, subject to approval of the Common Council; and NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the following monthly parking rates be established for the Colfax Street Parking Garage, the Wayne Street Parking Garage, and the Leighton Plaza Parking Garage: SECTION I. The following monthly parking rates shall be charged for vehicles parked at City operated garages: Old Rate .New Rate A. Monthly rate -Standard Parking per vehicle in area Located above gates. $40.00 $45.00 B. Monthly Rate -Premium Parking Per vehicle in areas marked as RESERVED. $50.00 $55.00 The option to issue or renew agreements for parking in City-owned and operated garages lies with the sole discretion of the Board of Public Works or its designee. Unless otherwise designated, parking spaces shall be allocated on a first come, first served basis. Should the demand for parking exceed supply, priority for parking spaces shall be given to those who pay the monthly rate as long as payment is timely and current. SECTION II. At this time the Board of Public Works has designated the corporation AMPCO to operate and manage all City parking garages. AMPCO, or any successor to AMPCO designated by the Board of Works, through its agents and employees, shall have full power and authority within the confines of City operated parking facilities to enforce the rules and restrictions concerning parking time limits and the reservation of spaces for persons who pay premium rates and for those who have handicap permits. SECTION III. The monthly rates and rules for City operated parking garages in this Resolution supersede those rates and rules established in prior Common Council Ordinance No. 9397-03, but the hourly rates set forth in Common Council Ordinance No. 9397-03 shall remain in full force and effect. SECTION IV. The effective date of this Resolution shall be August 1, 2008 subject to approval by the Common Council. ADOPTED this day of , 2008. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot Carl Littrell Don Inks ATTEST: Linda Martin, Clerk ~i1~d !ti CI~~Ec'~ O~~ce ~q aY 2 1 2008 J~;='s~ V~ORLE COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. I.iIECKE, 1VIHYOR PxoNE574/235-9216 FAx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER May 20, 2008 -- ~ ~ - ~b-Q~ Mr. Timothy Rouse President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: 2008 Property Tax Anticipation Warrants Dear Mr. Rouse: Attached is an ordinance which authorizes the City of South Bend to issue up to $23,400,000 in 2008 Property Tax Anticipation Warrants. The actual borrowing will be on an as-needed basis and will depend on the actual cash flows in the General Fund, Parks and Recreation. Fund, and Hall of Fame Debt Service Fund. I will present the ordinance to the Council at its Committee meeting and at the public hearing. Sin ely / ~ . 6 ~GL M. Catherine anello, CPA Controller Attachment ~,,~' ~~ ~;~~;~~' ~ ~i[Z~e hh AY 2 1 2008 ~aHZa vco;.ce cmr c~..a~., ,e. ~~~IV, i~a. JANICE L. HALL JOHN MURPHY RosERTALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR OY HUMAN RESOURCES INFORMATION TECHNOLOGY i' ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDL~NA, AUTHORIZING THE MAYORAND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2007, AND COLLECTABLE IN THE YEAR 2008, AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIlVIE WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON STATEMENT OF PURPOSE AND INTENT The City Controller (the "City Controller") of the City of South Bend, Indiana (the "City"), has represented and the Common Council of the City (the "Common Council") now finds that there will be insufficient amounts of moneys for the following funds of the City: General Fund, Parks and Recreation, Hall of Fame Debt Service (collectively, the "Funds") to meet the current running expenses of the City payable from each of such Funds during the fiscal year ending December 31, 2008, and prior to the respective June and December settlement and distribution of taxes levied for each such Fund, in particular given that there will not be a full distribution of taxes in June. The Common Council now finds that temporary loans for the Funds for such purposes should be made and that temporary loan tax anticipation time warrants evidencing such loans should be issued and sold, subject to the terms and conditions set forth herein and in accordance with the provisions of Indiana law. The levy proposed for collection for each of the Funds in the year 2008 is estimated to produce in the aggregate, with respect to each such Fund, an amount equal to or in excess of the principal and interest cost of making temporary loans for such Fund. A necessity exists for the making of temporary loans evidenced by temporary loan tax anticipation time warrants for each of the Funds in anticipation of the receipt of current revenues for each such Fund levied and in the course of collection for the year 2008. and the Common Council hereby authorizes the making of temporary loans to procure the amounts necessary, in combination -with other available amounts, to meet such current running expenses BDDBOl 5241543v 1 for each Fund and to pay necessary costs incurred in connection with the issuance and sale of temporary loan tax anticipation time warrants to evidence such temporary loans. The City has not previously issued temporary loan tax anticipation time warrants payable from 2008 tax revenues with respect to any of the Funds and the Common Council seeks to authorize the issuance of such temporary loan tax anticipation time warrants with respect to each Fund and the sale of such warrants pursuant to the provisions of Indiana Code 36-4-6, subject to and dependent upon the terms and conditions hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. It is hereby found and declared that ari emergency exists for the borrowing of money and therefore the City by its Mayor is hereby authorized to make temporary loans to meet current running expenses pursuant to the provisions of Indiana Code 36-4-6 for the use and benefit of each of the Funds of the City in anticipation of current tax revenues actually levied and in the course of collection for the respective Funds for the year 2008, which loans shall be evidenced by temporary loan tax anticipation time warrants of the City (the "Warrants"). All Warrants shall ~be dated as of the date of delivery. A separate Warrant or Warrants shall be issued with respect to each Fund for each maturity date. The City is authorized to issue Warrants maturing and payable on December 30, 2008, in amounts not to exceed the following: Principal Amount: $19,000,000 Maturing December 30, 2008 Fund: General Principal Amount: $3,000,000 Maturing December 30, 2008 Fund: Parks and Recreation Principal Amount: $1,400,000 Maturing December 30, 2008 Fund: Hall of Fame The Warrants authorized herein shall bear interest prior to maturity at a rate or rates per annum not to exceed a maximum of six percent (6.00%). The exact rate or rates of interest are to be determined under the terms of a Warrant Purchase Agreement, as hereinafter defined. Warrants not timely paid will bear interest at a rate or rates after maturity as set forth in the Warrant Purchase Agreement. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. It is understood that principal shall not be payable and interest shall not accrue on any Warrant or Warrants issued pursuant to this Ordinance until such principal amount has been advanced pursuant to requests made by the City to the Purchaser. In the event that the total principal amount of the Warrants is not advanced to the City, the principal amount of such Warrant shall be reduced to effect such reduction. The maximum principal amount of the Warrants as set forth herein shall be reduced as necessary to comply .with the Internal Revenue Code of 1986, as amended (the "Code"). BDDBOI 5241543v1 - 2 - Section II. With respect to each Fund and each maturity date, the appropriate officers of the City are authorized to deliver a principal amount of Warrants up to or less than the maximum amount established for any such Fund or maturity date in Section 1 hereof in order to comply with all applicable laws. All Warrants will be delivered at the time of payment with respect to any Fund or otherwise as appropriate and in accordance with the terms of the Warrant Purchase Agreement. Section III. The principal of and interest on the Warrants, together with all necessary costs incurred in connection with the issuance and sale of the Warrants, shall be payable from tax revenues to be received in the respective Fund upon which such Warrant is issued. There is hereby appropriated and pledged to the payment of all Warrants issued with respect to each Fund, including interest and all necessary costs incurred in connection with the issuance and sale of the Warrants, a sufficient amount of the tax revenues, levied in 2007, and payable in 2008, for such Fund and in anticipation of which the Warrants have been issued, for the punctual payment of the principal of and interest on the Warrants evidencing such temporary loans, together with such issuance costs, if any. Section IV. The City Controller, on behalf of the City, is authorized to sell the Warrants via negotiated sale at a price not less than the par value thereof to a purchaser or purchasers (the "Purchaser") in the denomination of One Hundred Thousand Dollars ($100,000), and any integral multiple of One Dollar ($1.00) in excess of One Hundred Thousand Dollars ($100,000) of single maturities. The Warrants shall be sold to the Purchaser pursuant to the purchase agreement (the "Warrant Purchase Agreement") between the City and the Purchaser, hereby authorized to be entered into and executed by the City Controller, on behalf of the City, subsequent to the date of the adoption of this Ordinance in accordance with the terms and conditions of this Ordinance, and with such Warrant Purchase Agreement to set forth the definitive terms and conditions of such sale, including the interest rate or rates on the Warrants, which shall not exceed the maximum authorized rate of interest for the Warrants issued pursuant to this Ordinance. The Warrants sold to the Purchaser shall be accompanied by all documentation required pursuant to the provisions of Indiana law and the Warrant Purchase Agreement, including without limitation an approving opinion of nationally recognized bond counsel, certification and guarantee of signatures and certification as to no litigation pending, as of the date of delivery of the Warrants to the Purchaser, challenging the validity or issuance of the Warrants and certification from the Purchaser that it is a "sophisticated investor". The entry by the City into the Warrant Purchase Agreement and the execution of the Warrant Purchase Agreement on behalf of the City by the City Controller, in accordance with the Ordinance, are hereby authorized, approved and ratified. Section V. The Warrants may be prepaid on any date prior to their maturity, in whole or in part, upon at least seven (7) days' written notice to the holder of the Warrant or Warrants to be prepaid, at a prepayment price equal to one hundred percent (100%) of the principal amount of the Warrants to be prepaid, plus accrued interest thereon to the date of prepayment, and without premium. Written notice of any prepayment shall include (i) the date. of prepayment; (ii) the prepayment price; (iii) in the case of partial prepayment, the identification BDDBOI 5241543v1 ' 3 and the respective principal amounts of the Warrants to be prepaid; (iv) that on the date of prepayment, the prepayment price will become due and payable upon each such Warrant or portion thereof called for prepayment, and that interest thereon shall cease to accrue from and after said date; and (v) the place where such Warrants are to be surrendered for payment of the prepayment price, which place of payment shall be the place provided for the payment of the principal of the Warrants: Section VI. The Warrants issued hereunder with respect to the Funds shall be executed in the name of the City by the manual or facsimile signature of the Mayor of the City, countersigned by the manual or facsimile signature of the City Controller, and the corporate seal of the City affixed thereto, and attested by the manual or facsimile signature of the Clerk of the City (the "Clerk"), provided, however, that at least one such signature on the Warrants shall be manual. All Warrants shall be payable in lawful money of the United States of America at the office of the City Controller as Paying Agent. Section VII. The Warrants with respect to each Fund shall be issued in substantially the following form (all blanks, including the appropriate amounts, dates, and other information to be properly completed prior to the execution and delivery thereof): [Form of Warrant] UNTIED STATES OF AMERICA STATE OF INDIANA Due Date: December , 2008 COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA TEMPORARY LOAN TAX ANTICIPATION TIlVIE WARRANT ~D) FOR VALUE RECEIVED, on or before December , 2008, the City of South Bend, Indiana (the "City"), shall pay to the amount of $ (or so much thereof as may be advanced from tune to time and be outstanding as evidenced by the records of the registered owner making payment for this Warrant, or its assigns) pursuant to a certain Warrant Purchase Agreement between the Bond Bank and the City, dated as of (the "Agreement"). In addition, the City on the Due Date hereof shall pay to the bearer hereof interest at the rate of per annum on the outstanding principal amount, with such interest to be calculated on the basis of a 360-day year comprised of twelve 30-day months. Both principal of and interest of this Warrant are payable in lawful money of the United States of America of the Office of the Controller of the City, as Paying Agent, or any appointed successor Paying Agent upon presentation on or after their maturity date. This Warrant evidences a temporary loan to provide funds to meet current expenses of the Fund, and has been authorized by an ordinance passed and adopted by the Common Council of the City of South Bend, Indiana, on , 2008, in accordance with Indiana Code, Title 36, Article 4, Chapter 6, and all other acts amendatory thereof or supplemental thereto. BDDBOi 5241543v1 - 4 - This Warrant is issued in anticipation of the tax levy which has been made for the Fund in the year 2007, which tax levy is now in the course of collection. There has been irrevocably appropriated and pledged to the payment in full of the principal of and interest on this Warrant a sufficient amount of the revenues to be derived from the Fund tax levy. This Warrant is prepayable on any date at the option of the City, in whole or in part, upon seven day's written notice to the holder hereof to be paid at a price equal to one hundred percent (100%) of the principal amount to be prepaid plus accrued interest thereon to the date of prepayment, and without premium. It is fiu-ther hereby certified, recited, and declared that all acts, conditions, and things required by law precedent to the issuance and execution of this Warrant have been properly done, have happened, and have been performed in the manner required by the constitution and statutes of the State of.Indiana relating thereto; that the Fund tax levy from which (together with other amounts in the Fund) this Warrant is payable, is a valid and legal levy; and that the City will reserve a sufficient amount of the proceeds of the Fund tax levy currently in the course of collection for the timely payment of the principal of and interest on this Warrant in accordance with its terms. IN WITNESS WHEREOF, the City of South Bend, in the County of St. Joseph, State of Indiana, has caused this Warrant to be executed in its corporate name by the Mayor of the City of South Bend, Indiana, countersigned by the City Controller of the City of South Bend, Indiana, and its corporate seal to be hereunto affixed and attested by the City Clerk of the City of South Bend, Indiana, all as of the day of , 2008. CITY OF SOUTH BEND, INDIANA By: Mayor COUNTERSIGNED: City Controller (SEAL) ATTEST: City Clerk [End of Form of Warrant] Section VIII. The City Controller is hereby authorized and directed to have the Warrants prepared, and the Mayor, the City Controller, and the City Clerk are hereby authorized and directed to execute all Warrants in the manner and substantially the form provided in this Ordinance. Section IX. The City Controller is hereby authorized to deliver the Warrants to the Purchaser, upon receipt from the Purchaser of payment in accordance with the terms of the Warrant Purchase Agreement. BDDBOI 5241543v1 ' S Section X. The City Controller and other appropriate officers of the City are hereby authorized and directed to make such filings and requests, deliver such certifications, execute and deliver such documents and instruments, and otherwise take such actions as are necessary or appropriate to carry out the terms and conditions of this Ordinance and the actions authorized hereby and thereby. Section XI. The City hereby covenants that the City and its officers shall not take any action or fail to take any action with respect to the proceeds of any of the Warrants or any investment earnings thereon which would result in constituting any of the Warrants as "arbitrage bonds" under the Code and any and all final or proposed regulations or rulings applicable thereto, or which would otherwise cause the interest on any of the Warrants to cease to be excludable from gross income for purposes of federal income taxation; and the City Controller and all other appropriate officers are hereby authorized and directed to take any and all actions and to make and deliver any and all reports, filings, and certifications as may be necessary or appropriate to evidence, establish, or ensure such continuing exclusion of the interest on the Warrants. Section XII. All resolutions and ordinances in conflict herewith are, to extent of such conflict, hereby repealed. Section XIII. This Ordinance shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. **~~~ BDDBOI 5241543v1 ' 6 .~-- {~ 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 , 2008, at o'clock .m. City Clerk Approved and .signed by me on the day of o'clock .m. 1st READING ~ ^2"~ _ ~ PUaLIC FIEARiNG 3 rd READING NOT APPROVED REFERRED. PASSED BDDB015241543v1 Mayor, City of South Bend, Indiana -7- 2008, at Eil~d to Clerk's C~~~ce MAY- 2 1 20ag JuHPJ VQ£3RDE C{TY CLct~K, SQ. BE~3D, I1J. 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEI~ARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECI¢, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR May 21, 2008 ~~ ~~ ~ ` ~~~ South Bend Common Council Fourth Floor Counci{ Chambers 400 County-City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will approve the Second Addendum to Lease for Century Center. Financing for these projects is being done as a Lease Revenue Bond to be issued by the Redevelopment Authority. Assets constructed with the bond proceeds, including major repairs and replacements, along with enhancements to.the building, grounds and streetscape, will be leased to the Redevelopment Commission. This Lease includes provisions for lease payments of $1,109,000 per year. I, along with Century Center representatives, will make presentation to the Council at your June 9th meeting. If you have any questions, please call me at 235-9339. Sin rely, Gv--~ Donald E. Inks Director Economic Development cc: Jeff Gibney Don Inks PxoNE574/235-9371 FAX 574/235-9021 TDD 574/ 235-5567 Filed In Clerk'e Office MAY 2 1 20d$ JOHN yS0 BEND, IN. CfrY CLERK, COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 574/235-9660 574/235-9371 FAX: 574/235-9697 FINANCIAL & PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A SECOND ADDENDUM TO LEASE FOR CERTAIN ADDITIONAL PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION STATEMENT OF PURPOSE AND INTENT The South Bend Redevelopment Commission (the "Commission"), governing body of the South Bend Department of Redevelopment and the South Bend Redevelopment District (the "Redevelopment District"), exists and operates under the provisions of Indiana Code 36-7-14, as amended from time to time (the "Act"); and The Commission has adopted various resolutions (i) declaring certain real estate in the Redevelopment District, known as the South Berid Central Development Area (the "Area"), to be a redevelopment area within the meaning of the Act, determining that it would be of public utility and benefit to redevelop the Area pursuant to a development plan, as amended, and (ii} designating the entire Area as an allocation area having boundaries as described in Declaratory Resolution No. 137, as amended; and The South Bend Redevelopment Authority (the "Authority") previously entered into a lease by and between the Authority and the Commission dated as of November 1, 1993, as amended by an Addendum to Lease dated as of June 3, 1994 (collectively, the "Lease"), which Lease was heretofore approved by the Commission, and pursuant to which the Authority leases to the Commission certain real estate and local public improvements at the Century Center; and BDDB01 523769442 The Authority at a meeting on May 21, 2008, adopted a resolution, which, among other things, approved a proposed Second Addendum to Lease between the Authority and the Commission to be dated as of June 1, 2008 (the "Second Addendum"), for certain additional local public improvements located in the Area including, without limitation, the following improvements to the Century Center: the addition of skylight safety film, the replacement of boilers and chillers, repairs on Island Park, the replacement of the fire alarm and security systems, the renovation of seven (7) restrooms, the renovation of C Hall, the replacement of the roofs, site lighting additions, exterior masonry work, and additional enhancements to the building, grounds and streetscape including, but not limited to, street level and river level interior and exterior signage, enhancement to the upper level offices, and enhancement to the front of building and viewing park and related improvements, and the acquisition of an interest in certain improvements previously financed with the issuance of the St. Joseph County, Indiana Special Tax Bonds of 1992, which were previously refunded with the issuance of the St. Joseph County, Indiana Special Tax Bonds of 1998 (collectively, the "2008 Project"), and directed the Secretary-Treasurer of the Authority to file a copy of said Second Addendum, as approved, with the Commission; and The Commission, at a meeting on May 16, 2008, approved the form of the Second Addendum, scheduled a public hearing on said Second Addendum to be held on June 13, 2008, pursuant to Indiana Code 36-7-14-25.2, and authorized the publication of a notice of public hearing on. said Lease pursuant to Indiana Code 5-3-1, and authorized the Secretary of the Commission to file with the Common Council of the City of South Bend, Indiana (the "Common Council"), an approving ordinance for the purposes of said Common Council's finding, prior to the Commission's execution of said Second Addendum, that the rental payments are fair and BDDBOI 5237694•r2 - 2 - reasonable and that the use of the 2008 Project throughout the term of said Second Addendum will serve the public purpose of the City of South Bend, Indiana (the "City"), and is in the best interests of its residents, and for purposes of approving the Second Addendum; and On June 13, 2008, said public hearing is expected to be held and all interested parties were provided the opportunity to be heard at the hearing; and The Commission, at its meeting on June 13, 2008, is expected to adopt a resolution finding, pursuant to Indiana Code 36-7-14.5-14, that the rental payments to be paid by the Commission to the Authority pursuant to said Second Addendum, at a rate not to exceed One Million One Hundred Nine Thousand and 00/100 Dollars ($1,109,000.00) per year, subject to reduction as set. forth in the Second Addendum, in semiannual installments beginning on the day the 2008 Project is completed and ready for use, or April 15, 2009, whichever is later, are fair and reasonable, and finding, pursuant to Indiana Code 36-7-14-25.2, that the use of the 2008 Project throughout the term of the Second Addendum will serve the public purpose of the City, and is in the best interests of its residents; and The Common Council desires to approve said Second Addendum, pursuant to Indiana Code 36-7-14-25.2, which provides that any lease approved by a resolution of the Commission must be approved by an ordinance of the fiscal body of the unit; NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: 1. The Common Council hereby finds that the rental payments, as approved by the Commission, are fair and reasonable, and further finds that the use of the 2008 Project throughout the term of the Second Addendum will serve the public purpose of the City and is in the best interests of its residents. BDDBOI 5237694v2 - 3 - 2. The Common Council hereby approves said Second Addendum, as approved by the Commission, pursuant to Indiana Code 36-7-14-25.2, in substantially the form provided at this meeting and attached hereto as Exhibit A. 3. This Ordinance shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. ***** BDDBOI 5237694v2 - 4 - COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ATTEST: City Clerk Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2008, at o'clock .m. City Clerk Approved and signed by me on the day of o'clock .m. PUBLIC HEARIPIG 3 rd READ{, lG [10T A~° ~43VED P.EFEF P.ED Q~ESSEt3. BDD60] 5237694v2 Mayor, City of South Bend, Indiana -5- 2008, at ~~~~~ ~~`! ~t~r~t'~ Q~€Ce ~v'I ~;~ 2 ~ Z~Q~ EXHIBIT A [FORM OF LEASE] Y1'~~ t~ 411~~~~~~° ~~1lli{~+~i n ~ G ~~ ~ i Zd~~ ! 4i~ L? '~%.f•_~....~..+._«..y~~J~ its BDDBOI 5237694v2 SECOND ADDENDUM TO THE LEASE DATED AS OF NOVEMBER 1, 1993 Between SOUTH BEND REDEVELOPMENT AUTHORITY and SOUTH BEND REDEVELOPMENT COMMISSION DATED AS OF JUNE 1, 2008 (Century Center 2008 Project) BDDB01 5233044v2 INDEX Pale Section 1. Definitions .................................................................. ................................................... 1 Section 2. Lease of 2008 Project ................................................ .................................................... 2 Section 3. Rental Payments ........................................................ .................................................... 2 Section 4. Rental Payment Dates and Amounts ......................... .................................................... 2 Section 5. Abatement of Rent .................................................... .................................................... 3 Section 6. Net Lease .................................:................................. ..............................................:..... 4 Section 7. Nonliability.of Authority ........................................... .................................................... 4 Section 8. Alterations ................................................................. .................................................... 4 Section 9. Insurance ................................................................... .................................................... 4 Section 10. Use of Insurance and Condemnation Proceeds ....... .................................................... 5 Section 11. Liability Insurance ....................................................................................................... 5 Section 12. General Insurance Provisions ................................. ..................................................... 5 Section 13. General Covenants ................................................. ..................................................... 5 Section 14. Option to Purchase ................................................. ..................................................... 6 Section 15. Defaults .................................................................. ..................................................... 6 Section 16. Notices .................................................................... .....................................................6 Section 17. Construction of Covenants ..................................... ..................................................... 7 Section 18. Successors or Assigns ............................................ ..................................................... 7 Exhibit A 2008 Project Description BDDBOI 5233044v2 SECOND ADDENDUM TO LEASE This Second Addendum to Lease entered into as of the ls` day of June, 2008, between the SOUTH BEND REDEVELOPMENT AUTHORITY, a body corporate and politic organized and existing under Indiana Code 36-7-14.5 (the "Authority") and the SOUTH BEND REDEVELOPMENT COMMISSION, the governing body of the City of South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana (the "Lessee"), acting for and on behalf of the City of South Bend, Indiana, for the purpose of amending the Lease dated as of November 1, 1993, as amended by an Addendum to Lease dated as of June 3, 1994 both of which were recorded in the office of the St. Joseph County Recorder as Documents 9423717 and 9423718, respectively (hereinafter collectively referred to as the "Lease"). WITNESSETH: Section 1. Definitions. The terms defined in this Section 1 shall for all purposes of this Second Addendum to Lease have the meanings herein specified unless the context otherwise requires and shall supplement the definitions contained in the Lease. "2008 Bonds" means South Bend Redevelopment Authority Lease Rental Revenue Bonds (Century Center 2008 Project). "2008 Century Center Principal and Interest Account" means the account by that name created in the Redevelopment District Bond Fund by the 2008 Lease Resolution. "2008 Lease Resolution" means the resolution of the Commission passed on , 2008, establishing funds for the payment of lease rentals. "2008 Project" means the real estate (including all right-of-way easements contained therein) in St. Joseph County, Indiana, described as the Century Center Portion in Exhibit A of the Lease and the local public improvements to be completed thereon by the Authority or its agent according to the plans and specifications prepared by its consultants, all as described in Exhibit A hereto. The above mentioned plans and specifications may be changed and additional construction work may be performed and improvements may be purchased by the Authority, but only with the approval of the Lessee, and only if such changes or modifications or additional construction work or improvements do not alter the character of the 2008 Project or reduce the value thereof. Any such additional construction work or additional improvements shall be part of the property covered by this Second Addendum to Lease. The above-mentioned plans and specifications have been filed with and approved by the Lessee. "2008 Trust Agreement" means the Trust Agreement dated as of , 2008, between the Authority and the Trustee, securing the 2008 Bonds. "Trustee" means the financial institution selected to serve as trustee pursuant to the 2008 Trust Agreement, and any successor trustee. BDDB01 5233044v2 Any term not defined herein, which is defined in the 2008 Lease Resolution, the Lease or in the 2008 Trust Agreement, shall have the meaning as defined in such resolution, lease or agreement. Section 2. Lease of 2008 Project. In consideration of the rentals and other terms and conditions herein specified the Authority does hereby lease, demise and let to the Lessee the 2008 Project: TO HAVE AND TO HOLD the same with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee for a term not to exceed twenty (20) years, beginning on the date the 2008 Project is complete and ready for use and ending on the day prior to such date at most twenty (20) years thereafter (the "2008 Term"). However, the term set forth in this Second Addendum to Lease with respect to the 2008 Project shall terminate at the earlier of (a) the exercise of the option to purchase the 2008 Project by Lessee and payment of the option price, or (b) the payment or defeasance of all obligations of Lessor incurred (i) to finance the cost of the leased property, (ii) to refund such obligations, (iii) to refund such refunding obligations. The date the 2008 Project is complete and ready for use shall be endorsed on this Second Addendum to Lease at the end hereof by the parties hereto as soon as the same can be done after such completion date and such endorsement shall be recorded as an addendum to the Lease. The Authority hereby represents that it is possessed of a good and indefeasible estate in fee simple subject only to Permitted Encumbrances, to the real estate described as the Century Center portion in Exhibit A of the Lease, and the Authority warrants and will defend the same against all claims whatsoever not suffered or caused by the acts or omissions of the Lessee. Section 3. Rental Payments. (a) During the term of this Second Addendum to Lease, the Lessee agrees to pay rental for said premises as set forth in Section 4 hereof. Such rental shall be paid from the 2008 Century Center Principal and Interest Account of the Redevelopment District Bond Fund. All rentals payable under the terms of this Second Addendum to Lease shall be paid to the Trustee or to such other bank or trust company as may from time to time succeed the Trustee under the 2008 Trust Agreement. All payments so made shall be considered as payments to the Authority of the rentals payable hereunder. The Lessee shall receive credit for any Bond maturing within seven (7) days of the date of the lease rental payment, at the face value thereof, which the Lessee acquires and delivers to the Trustee as a part of its lease rental payment; and (b) As additional rental the Lessee agrees to pay all fees, charges and reimbursement of expenses of the Trustee under the 2008 Trust Agreement and all prudent charges and expenses of the Authority incurred in the performance of its obligations hereunder. Section 4. Rental Payment Dates and Amounts. The first semiannual rental installment in the amount of Five Hundred Fifty-four Thousand Five Hundred and 00/100 Dollars ($554,500.00) shall be due on the day that the 2008 Project is completed and ready for use or April 15, 2009, whichever is later. If completion is later than April 15, 2009, the first installment shall be in an amount which provides for rental at the rate of $554,500.00 for the semiannual period in which the 2008 Project is completed and ready for use, prorated from the date of completion until the first April 15 or October 15 following such date of completion. BDDBOI 5233044v2 - 2 - Thereafter such rentals shall be payable in advance in semiannual installments of $554,500.00 on April 15 and October 15 of each year. . The last semiannual rental payment due before the expiration of this Second Addendum to Lease shall be adjusted to provide for rental at the amount specified above for the applicable semiannual period prorated from the date such installment is due to the date of the expiration of this Second Addendum to Lease (without taking into account any subsequent early termination of this Second Addendum to Lease pursuant to Section 2 hereof). After the sale of the 2008 Bonds issued by the Authority to pay the cost of the 2008 Project and other expenses incidental thereto, the sum of the first and second semiannual rental installments and the sum of the third and fourth semiannual rental installments, and so on, shall be reduced to an amount equal to the multiple of One Thousand Dollars ($1,000.00) next highest to the highest sum of principal and interest due in any year ending on a Bond maturity date on such 2008 Bonds plus Three Thousand Dollars ($3,000), payable in equal semiannual installments, assuming for such purposes that the semiannual rental installment payable following completion of the 2008 Project is due on April 15, 2009. Such amount of reduced annual rental shall be endorsed on this Second Addendum to Lease at the end hereof by the parties. hereto as soon as the same can be done after the sale of said 2008 Bonds, and such endorsement shall be recorded as an addendum to the Lease. The Lessee will not take any action or fail to take any action that would result in the loss of the exclusion from gross income for federal tax purposes of interest on the 2008 Bonds pursuant to Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code"), as in effect on the date of delivery of the 2008 Bonds, nor will the Lessee act in any manner, which would adversely affect such exclusion. The Lessee further covenants that it will not make any investment or do any other act or thing during the period that any Bond is outstanding hereunder which would cause any Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as in effect on the date of delivery of the 2008 Bonds. All .officers, members, employees and agents of the Lessee are authorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the Lessee as of the date the 2008 Bonds are issued and to enter into covenants on behalf of the Lessee evidencing the Lessee's commitments made herein. Section 5. Abatement of Rent. In the event that all or a portion of the 2008 Project shall be damaged or destroyed so as to render the damaged or destroyed portion of the 2006 Project unfit for its intended use, it shall then be the obligation of the Authority to restore and reconstruct the damaged or destroyed portion of the 2008 Project as promptly as may be done, unavoidable strikes and other causes beyond the control of the Authority excepted, if, in the opinion of an independent registered architect, registered engineer, construction manager or contractor selected by the Lessee and acceptable to the Trustee, (i) the cost of such restoration or reconstruction does not exceed the amount of the proceeds received by the Authority from the insurance provided for in Section 9 hereof plus other moneys available therefor and (ii) such restoration or reconstruction can be completed within the period of time covered by the rental value insurance provided for in Section 9 hereof. If either or both conditions shall not exist, the proceeds received from the insurance provided for in Section 9 hereof shall be applied to the option to purchase price provided for in Section 14 hereof. The rental shall be abated pro rata for BDDBOI 5233044v2 - 3 the period during which the damaged or destroyed portion of the 2008 Project is unfit for its intended use. Section 6. Net Lease. It is expressly understood and agreed that this Second Addendum to Lease shall be what is known as a net lease (i_e., the rent being absolutely net to the Authority and that all other experses in connection with the 2008 Project of any nature whatsoever shall be those of the Lessee) and that during the lease term the Lessee shall be obligated to pay as its expenses without reimbursement from the Authority all costs of taxes and assessments, if any, and maintenance, operation and use in connection with or relating to the 2008 Project, including but not limited to all costs and expenses of all services, repair or replacement of all parts of the 2008 Project or improvements of the 2008 Project. Section 7. Nonliability of Authority. The Authority shall not be liable for damage caused by hidden defects or failure to keep the 2008 Project in repair and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, or other pipes or the bursting or leaking of plumbing or heating fixtures in connection with said premises, nor for damage occasioned by water, snow or ice. The Authority shall not be liable for any injury to the Lessee or any sublessee of the Lessee or any other person which injury occurs on, in or about the 2008 Project howsoever arising. The Authority shall not be liable for damage to the Lessee's property or to the property of any sublessee of the Lessee or of any other person which may be located in, upon or about the 2008 Project. Section 8. Alterations. Lessee shall have the right, without the consent of the Authority, to make all alterations, modifications and additions and to do all improvements it deems necessary or desirable to the 2008 Project, which do not reduce the rental value of the 2008 Project. Section 9. Insurance. The Lessee, at its own expense, will, during the full 2008 Term, keep the 2008 Project insured against physical loss or damage, however caused, with such exceptions as are ordinarily required by insurers of properties of a similar type, in good and responsible insurance companies acceptable to the Authority. Such insurance shall be in an amount at least equal to the greater of (i) the option to purchase price or (ii) one hundred percent (100%) of the full replacement cost of such 2008 Project as certified by a registered architect, a registered engineer, or professional appraisal engineer, selected by the Authority with the approval of the Trustee, on the effective date of this Second Addendum to Lease and on or before the first day of April of each year thereafter; provided that such certification shall not be required so long as the amount of such insurance shall be in an amount at least equal to the option to purchase price. Such appraisal may be based upon a recognized index of conversion factors. In no event shall the insurance be in an amount which causes the Lessee to be a co-insurer for the 2008 Project. Such insurance may contain a provision for a deductible in an amount. not exceeding $25,000. Lessee agrees to pay the deductible amount of any loss to the Authority. A blanket public institutional property insurance form may be used if: (a) the insurance on the 2008 Project is not less than the amount required by this Section, BDDBO] 5233044v2 - 4' - (b) the Lessee subordinates its claim for damage or destruction to other buildings or improvements to claims for damage or destruction of the 2008 Project, and (c) the insurance proceeds related to damage to or destruction of the 2008 Project are payable to the Trustee. During the full 2008 Term, the Lessee will also, at its own expense, maintain rental or rental value insurance in an amount at least equal to the full rental specified in Section 4 for a period of two (2) years against physical loss or damage of the type insured against pursuant to the preceding requirements of this Section. Such policies shall be for the benefit of and shall be made payable to the Trustee. Section 10. Use of Insurance and Condemnation Proceeds. Proceeds of insurance against damage to or destruction of the 2008 Project or proceeds of any condemnation of the 2008 Project shall be paid to and held by the Trustee and used to pay for reconstruction or replacement of the 2008 Project in accordance with plans approved by the Authority and the Lessee, unless the Lessee elects to exercise its option to purchase. Section 11. Liability Insurance. The Lessee shall, at all times during the full 2008 Term, keep in effect, public liability and property damage insurance, insuring the Lessee, the Authority and the Trustee in amounts customarily carried for similar properties. Such insurance may be provided under the public liability self-insurance program of the City of South Bend. Section 12. General Insurance Provisions. All insurance policies required by Sections 9 and 11, shall be with insurance companies rated B+ or better by A.M. Best Company (or a comparable rating service if A.M. Best company ceases to exist or rate insurance companies), and shall be countersigned by an agent of the insurer who is a resident of the State of Indiana, and such policies, or copies thereof, and the certificate of the architect or engineer referred to in Section 9 shall be deposited with the Authority and the Trustee. If, at any time, the Lessee fails to maintain insurance in accordance with Sections 9 and 11, such insurance may be obtained by the Authority, or may be obtained by the Trustee, and the amount paid for such insurance shall be added to the amount of rental payable by the Lessee under this Second Addendum to Lease; provided, however, that neither the Authority nor the Trustee shall be under any obligation to obtain such insurance, and any action or non-action of the Authority or Trustee in this regard shall not relieve the Lessee of any consequences of a default in failing to obtain such insurance. Section 13. General Covenants. The Lessee shall not assign this Second Addendum to Lease. The Lessee covenants that, except for Permitted Encumbrances, it will not encumber the 2008 Project, or permit any encumbrance to exist thereon, and that it shall use and maintain the 2008 Project in accordance with the laws and ordinances of the United States of America, the State of Indiana, and all other proper governmental authorities. The Authority agrees that it will, at the request of the Lessee, execute and deliver to or upon the_ order of the Lessee such instrument or instruments as may be reasonably required by the Lessee in order to subject the 2008 Project, or the Authority's interest therein, to such encumbrances as shall be BDDBOI 5233044v2 - 5 - specified in such request and as shall be permitted by the provisions of this Section 13 or otherwise by the definition of "Permitted Encumbrances". Section 14. Option to Purchase. The Authority hereby grants Lessee the right and option, on any rental payment date, upon thirty days' written notice to the Authority, to purchase the 2008 Project at a price equal to the amount required to enable the Authority to provide for the redemption of all outstanding 2008 Bonds, all premiums payable on the redemption thereof, and accrued and unpaid interest, and to pay the cost of redeeming the 2008 Bonds and liquidating the Authority if it is to be liquidated. Upon request of the Lessee, the Authority agrees to furnish an itemized statement setting forth the amounts required to be paid by the Lessee on the next rental payment date in order to purchase the 2008 Project in accordance with the preceding paragraph. If the Lessee exercises its option to purchase, the Lessee shall pay to the Trustee that portion of the purchase price which is required to provide for the payment of all the 2008 Bonds, including all premiums payable on the redemption thereof, accrued and unpaid interest thereon and the costs of redemption thereof. Such payment shall not be made until the Trustee gives to the Lessee a written statement that such amount will be sufficient to retire all 2008 Bonds including all premiums payable on the redemption thereof and accrued and unpaid interest. The remainder of such purchase price, if any, shall be paid by the Lessee to the Authority. Nothing herein contained shall be construed to provide that the Lessee shall be under any obligation to purchase the 2008 Project, or under any obligation in respect to any creditors or bondholders of the Authority. If the Lessee has not exercised its option to purchase the 2008 Project at the expiration of the term of the Second Addendum to Lease and upon the full discharge and performance by the Lessee of its obligations under this Second Addendum to Lease, the Authority shall execute a deed of the 2008 Project to the Lessee conveying good and merchantable title thereto, subject only to Permitted Encumbrances. Section 15. Defaults. If the Lessee shall (a) default in the payment of any rentals or other sums payable to the Authority hereunder, or in the payment of any other sum herein required to be paid for the Authority, (b) fail to comply with the terms set forth in the 2008 Lease Resolution, or (c) default in the observance of any other covenant, agreement or condition hereof, and such default under (c) shall continue for ninety (90) days after written notice to correct the same, then, in any of such events, the Authority may proceed to protect and enforce its rights, either at law or in equity, by suit, action, mandamus or other proceedings, whether for specific performance of any covenant or agreement contained herein or for the enforcement of any other appropriate legal or equitable remedy. Section 16. Notices. Whenever either party shall be required to give notice to the other under this Second Addendum to Lease, it shall be sufficient service of such notice to deposit the same in the United States mail, in an envelope duly stamped, registered and BDDBOI 5233044v2 ' 6 - addressed to the other party at its last known place of business. A copy of any notice shall be mailed by first-class mail to the Trustee at its last known place of business. Section 17. Construction of Covenants. All provisions contained herein shall be construed in accordance with the provisions of the Act and to the extent of inconsistencies, if any, ,between the covenants and agreements in this Lease and the provisions of the Act, the provisions of said Act shall be deemed to be controlling and binding upon the parties. Section 18. Successors or Assigns. All covenants of this Second Addendum to Lease, whether by the Authority or the Lessee, shall be binding upon the successors and assigns of the respective parties hereto. Section 19. Supplement to Lease. Nothing herein is meant to otherwise amend the Lease or impede the payment of the lease rentals for the Project, as defined in the Lease. This Second Addendum to Lease shall supplement the Lease. ~**** BDDBOI 5233044v2 - 7 - IN WITNESS WHEREOF, the parties hereto have caused this Second Addendum to Lease to be executed for and on their behalf as of the day and year first hereinabove written. By: ATTEST: Secretary-Treasurer B y: ATTEST: Secretary SOUTH BEND REDEVELOPMENT AUTHORITY President SOUTH BEND REDEVELOPMENT COMMISSION President BDDBOI 5233044~~2 - g - STATE OF II~IDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared and ,personally known by me to be the President and Secretary-Treasurer, respectively, of the South Bend Redevelopment Authority, and acknowledged the execution of the foregoing Second Addendum to Lease for and on behalf of said Authority. . WITNESS my hand and Notarial Seal this (SEAL) day of , 200_. (Written Signature) (Printed Signature) My commission expires: Resident of St. Joseph County, Indiana STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared and ,personally known by me to be the President and Secretary, respectively, of the South Bend Redevelopment Commission, and acknowledged the execution of the foregoing Second Addendum to Lease for and on behalf of said Commission. WITNESS my hand and Notarial Seal this day of , 2~_• (SEAL) My commission expires: Resident of St. Joseph County, Indiana (Written Signature) (Printed Signature) "I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document unless required by law." Rando~h R. Rompola. This instrument was prepared by Randolph R. Rompola, BAKER & DANtE Street, Suite 1400, South Bend, Indiana 46601. BDDBOI 5233044v2 - 9 LS LLY, GVG JUUUI 1v1~i;iliYai~ _ F y ._._._.~,.rr...._.~,N.._.~,....._..e._......~ ,.. _ . ~__ __............... _,..~..v._..i a:, t' EXHIBIT A _ 2008 PROJECT DESCRIPTION The 2008 Project consists of certain local public improvements including, without limitation, the following improvements to the Century Center: the addition of skylight safety film, the replacement of boilers and chillers, repairs on Island Park, the replacement of the fire alarm and security systems, the renovation of seven (7) restrooms, the renovation of C Hall, the replacement of the roofs, site lighting additions, exterior masonry work, and additional enhancements to the building, grounds and streetscape including, but not limited to, street level and river level interior and exterior signage, enhancement to the upper level offices, and enhancement to the front of building and viewing park and related improvements, and the acquisition of an interest in certain improvements previously financed with the issuance of the St. Joseph County, Indiana Special Tax Bonds of 1992, which were previously refunded with the issuance of the St. Joseph County, Indiana Special Tax Bonds of 1998. ~~l~d ~n G-~Yt~,_ ~~ e ~ AY 2 1 2008 BDDBO] 5233044v2 $-1 ABONMARCHE Confidence By Design ENGINEERS ARCHITECTS PLANNERS SURVEYORS 750 L1ncoln Way East South Bend, IN 46601 T. 574-232-8700 F. 574-251-4440 www.abonmarche.com FORT WAYNE, IN BENTON HARBOR, MI MANISTEE, MI SOUTH HAVEN, MI April 23, 2008 _~~ ~, ~ P~~ ~ ~ ~.~ ~ ~ ..,.._....._ Area Board of Zoning Appeals City of South Bend County-City Building 125 South Lafayette Boulevard. Suite 100 South Bend, Indiana 46601 RE : Special Exception Request to Allow a Trailer to be used as a Temporary Sales Office Crescent Oaks, Section One (Proposed) (as shown on the attached Exhibit "A") Petitioner; Tampico Developments, L.L.C. 828 East Jefferson Boulevard South Bend, IN 46617 Phone: (574) 234-7373 Members of the Board: We are requesting a special exception to allow a temporary sales office to be located within a trailer placed upon proposed Lot 2 within the proposed Crescent Oaks, Section One subdivision. See attached Exhibit "A". The reason for requesting this special exception is to allow for a trailer to be used as a sales office until a model home is constructed upon proposed Lot 1 within the development. It is estimated that the trailer will function as the sales office for four to six months, which is approximately when a model home on proposed Lot 1 will begin to be used for this purpose. Per Section 21-02.11.(b).(2].(B) of the City Zoning Ordinance, a freestanding sales office is only permitted as a special exception temporary use. The sales office shall comply with development standards (A) and (E) for temporary construction trailers or sales offices as listed under Section 21-02.11.(b).(5) of the Zoning Ordinance. These standards require the installation ofunder-skirting around the entire perimeter of the trailer and that the trailer will only serve as a sales office for the proposed lots within Crescent Oaks. However, per development standard (B) under Section 21.02.11.(b).(5), the trailer is to be located on an approved lot as shown on the primary plat. The primary plat and overall layout for this development has been modified since it was originally approved. Therefore, we are proposing to locate the trailer within proposed Lot 2 of the modified subdivision layout. - •. ABONMARCHE April 2008 Special Exception to Allow for a Sales Trailer within Crescent Oaks (Proposed) Penn Township City of South Bend Indiana -- It is understood that the above special exception request meets the following standards: [1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Approving this special exception will not be injurious to the public health, safety, comfort, morals, and convenience or general welfare of the community since a trailer will be used as a temporary sales office only for a short period of time. Also, a sales office will not generate a large amount of traffic. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Land uses surrounding proposed Lot 2 within Crescent Oaks include agricultural and one single family residence to the north, agricultural to the east which is proposed as a future section of Crescent Oaks, a church and single-family residential to the south, and television and/or radio broadcasting uses and one single-family residence to the west. Locating a sales trailer within this development will not negatively affect these adjacent uses and value since it is a temporary use. Also, homes developed within this subdivision will be comparable to the home values surrounding the site. (3) The proposed use will be consistent with the. character of the district in which it is located and the land uses authorized therein. The use of the sales trailer is consistent with proposed single family development and the rural and low density residential character of the area. Also, this proposed use upon proposed Lot 2 is only temporary and will be replaced with a single-family residence once a model home is construction upon proposed Lot 1. (4) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Two of the housing objectives within the City Plan include ensuring that an adequate supply of housing is available to meet the needs, preferences, and t' financial capabilities of households and promoting homeownership within the city limits. Allowing a temporary sales trailer to be located within this newly proposed residential subdivision will make the development more marketable since all - home, lot and development information can be kept on site during the construction process. This increased marketability will assist in selling the lots more quickly and in effect increasing the population and residential tax base of the City. Engineers Architects Planners Surveyors Y4 .J:'°K ABONAMRCHE Apri12008 Special Exception to Allow for a Sales Trailer within Crescent Oaks (Proposed) Penn Township Cify of South Bend Indiana The property is zoned "SF1"Single Family and Two Family Residential District in Penn Township, City of South Bend. This petition is being submitted by Abonmarche Consultants, Inc., 750 Lincoln Way East, South Bend, Indiana, 46601, on behalf of the Tampico Developments, L.L.C. The contact person is Derek J. Spier, AICP, with Abonmarche Consultants, L.L.C. at (574) 232-8700. We respectfully request your approval of the above requested special exception. Thank you for your time and assistance in this matter. Sincerely, ABONMARCHE CONSULTANTS, L.L.C Derek J. Spier, AICP Planner Enclosures F:\Projecfs\M7-0784\Special Use for sales Trailer variance forsales frailer requestdoc Engineers Architects Planners Surveyors RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED SOUTH OF 60150 IIZONWOOD DRIVE, SOUTH BEND, INDIANA 46614 WHEREAS; Indiana Code Section 36-7-4-918.6, required 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 it recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located south of 60150 Ironwood Drive, also being proposed Lot 2 in the proposed Crescent Oaks, Section One Subdivision, in order to allow a temporary sales office to be located within a trailer. The property is zoned "SF1" Single Family and Two Family Residential District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner: 3. The need for the special exception arises from the specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute ~an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend, SECTION IV. Approval i5 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. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council`1 FRESENTEL7 .. NOT AFPRO~fEL? ADOPTED ~I~~C~ X11 ~~~1`~'~ ~~'~~~~' APR - 9 2008 3Ql~tJ V~JQFt[}E Cl tY Ct£fi~C, S0. EitrPl~, ~~1' •A• fTGMENIDlE LlTATEi eEC FIVL 'e' fTONEMEOfE ESTATEf fEC. TggE! Pi oN[ . ~. ITAPPOgOf HIVE E]TITEf fUL fec oHE 'o• fTONEMEOff [fTATEf fEC. TMgEE~ PAET TYO ~.E. 6LSI If T gFAAT[fTATFf fUf •P• lTAAOgmgnlC ElTATES fU^ SECT EMO pEPIAT •f• FPONmMIgE ffTATCf lCCI BWIGE] fEPLAT 1 l J~-!T~ ^^~1 I 1 ~ Z ," ~ITE w m z ~i . N V W f'- z z ZN nEnsm zaaz ii NYEPH COUNTY Scale I' • I00~ 9-32 A 4_~qd , . :~ ~_ .(~ ~ - :~ (/~ ' c~ 1. ` v `I'1 ~~ Z N o ~ ~~ ~ ~x~-~-~~-T `~atl ~~r Z~~ z~ CRESCENT OAKS - SECTION ONE PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA ~ 3 po• 4 NI 5 NI 6 NI 7 NI 8 NI 9 NI 1D NI 11 NI ~{-('t F~F1 M~~ ~cAn~~ ur Y 4y ~ 2 ~~ __ S'f.GHA __ RLES AJ6N~E. ~~ X 3~.~ 'TCME-b~'f ~ a 84' 62' 60' 62' 60' 62' 60~ $!}LE$ 6t=~~Gh ~ 122' ~ Tral ~rR zs scan ~ 1 m ~ 18 N 17 N 16 N 15 ~+ 14 N 13 N 12 . 106' W ~ r g4' 62' 60' 62' 60' 6 60 o B~sI~I J I o sT~~r Z . ~ ~ lOB ~ 1O ig N ~ ~ 20 N 21 N 22 N 23 ~+ 24 N 2° scALE: 1•=100' ad• Fr fio• sz' so' sz' sc 8 is s s '~ 9 W 2,j~,, GRIOFFL CioVLr_JA.2D 6B 65 65 62 62 65 RETENTION AREA ~ r°nl 31 n 30 °n 29 °n 26 r°~ 27 °n 26 ~I 1, THIS DRAWING DEPICTS THE SCHEMATIC LAYOUT OF LOTS. FOR ACTUAL DIMENSIONS SEE LEGAL SURVEYS AND FlNAL PLAT ------I---r---I---+----- C; ' copygnt sBae ABONMARCHE CONSULTANTS, L.L.C. SwN Ben4 Indiono 46601 1ST SOURCE BANK TRUSTEE OF REGINA M. RESNIK 1994 RESTATED GST REVOCABLE TRUST 17399 JACKSON ROAD SOUTH BEND, IN 46614 14-1034-0586.48 ALWAY DEVELOPMENT CORP 61679 BROMPTON ROAD SOUTH BEND, IN 46614 26-1035-0590.98 ALWAY DEVELOPMENT CORP. 61679 BROMPTON ROAD SOUTH BEND, IN 46614 26-1035-0591;26-1035-0590.99 26-1035-0591.01; 26-1035-0590.82 26-1035-0590.87; 26-1035-0590.89 LANCE M. ANDERSON & KAREN L. PALMER 17774 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6269 ROBERT BRIAN & ANDRIA J BARBER EARL R & RUTH ANN 17933 BROMLEY CHASE BAUMGARDNER SOUTH BEND, IN 46614 17798 BROMLEY CHASE 14-1035-0590.50 SOUTH BEND, IN 46614 14-1167-6271 KEVIN & NANCY BIKOWSKI W/ STEPHANIE M PASMAN 17560 HARTMAN STREET 50UTH BEND, IN 46614 14-1167-6257 KEVIN & NANCY BIKOWSKI 17580 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6259 DAVID E. & BARBARA A. BUCKLEY 17715 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6235;14-1167-6237 RONALD R & PATRICIA E. CAMPBELL 17758 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.61 PAUL M. & MARI A. CHAMBERLIN 17781 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6230 TONYA R BULGER & RICHARD E. BROOKS 2427 CRANSTON STREET SOUTH BEND, IN 46614 26-1035-0589.68 DOMINIC CARPENTER 17882 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.67 SILIXATH & SENDY CHANTHANONGSY 2427 CHESIIZE DRIVE SOUTH BEND, IN 46614 26-1035-0589.82 ALWAY DEVELOPMENT CORP. 61679 BROMPTON ROAD SOUTH BEND, IN 46614 26-1035-0590.92;26-1035-0590.93 26-1035-0590.94; 26-1035-0590.95 26-1035-0590.96;26-1035-0590.97 ROBERT BAGLEY & MARY M. WOTTYSIAK-BAGLEY 17655 EAST JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6245 5ANEL BIBEROVIC 2420 HARWOOD STREET SOUTH BEND, IN 46614 26-1035-0589.84 NICHOLAS J. BRADY REV. TRUST 17833 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.55 RAYMOND E. & JUDITH A. BUZALSKi 17834 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.65 BRENT M. & BETH ANN CHAMBERLIN 17934 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.68 JOSEPH A_ CIRA JR REV. TRUST 17778 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.62 CHRISTOPHER T. COMBS & HEATHER RONALD J. & RHONDA A. COSNER M. MAZEIKA 17913 BROMLEY CHASE 2427 HARWOOD STREET SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 14-1035-0590.51 26-1035-0589.49 RANDALL R & NANCY L. FISH 17851 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.54 SHANE A. & KARYN JAYE GALLOWAY 17773 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.58 TRACY A. & DONNA KAY FAUDREE 17813 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.56 ALEXANDER J. & MIltANDA J. FISHER JON ALLEN & TRACEY LYNNE 17820 HARTMAN STREET FOUST SOUTH BEND, IN 46614 17810 HARTMAN STREET 14-1167-6275 SOUTH BEND, IN 46614 14-1167-6273 ERIC S. GAUL & JENNIFER JARZE- GAUL 17555 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6250 DEAN A. & TRUDY A.1~~LICK 2819 RED FAWN COURT SOUTH BEND, IN 46614 ` 26-1035-0590.88 KENT & JAMIE M HODGSON JAMES A. HOERSTMAN LAURA M. HORVATH 2418 CRANSTON STREET 17746 HARTMAN STREET 17760 HARTMAN STREET SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 26-1035-0589.58 14-1167-6265 14-1167-6267 RUSSELL & MARY HUTCHINS 17636 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6261 BRIAN K. & KELLY L. JESSWEIN 17714 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6263 JOHN C. & NANCY J. KINNER 17891 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.52 TERENCE R & KATHERINE M. KUBIAK 17583 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6247 CHAD & KRISTEN MAIN 5220 ESSINGTON STREET SOUTH BEND, IN 46614 26-1035-0589.54 GRANT F. JR & DIANE S 2713 RED FAWN COURT SOUTH BEND, IN 46614 26-1035-0590.91 KEVIN C. & DIANE J. IlZVIN 17852 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.66 WORALAK KALYAWONGSA 60284 U.S. 31 SOUTH SOUTH BEND, IN 46614 26-1035-0589.01 KEVIN J. KOSZEGI 2426 CRANSTON STREET SOUTH BEND, IN 46614 26-1035-0589.57 LEWIS C. LADERER TRUSTEE 2810 RED FAWN COURT SOUTH BEND, IN 46614 26-1035-0590.84 EDWARD J. & DOROTHY A. MROCZEK 17760 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.60 NEELY EUGENE B. NEMETH & BEVERLY RODGERS-NEMETH 17814 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.64 JEFFREY T. & CHARLOTTE POLANSKEY 17767 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6231;14-1167-6232 MICHAEL A. & NANCY L. ROSETTO 2428 HARWOOD STREET SOUTH BEND, IN 46614 26-1035-0589.83 PATRICK M. SEESE 1 ~ r : 5136 ESSINGTON STREET ' ' SOUTH BEND, IN 46614 26-1035-0589.52 JERRY LEE RADTKE 17667 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6320 KENT R ROWE SR 2716 RED FAWN COURT SOUTH BEND, IN 46614 26-1035-0590.83 DANIEL & TRACY SKIBINS 17753 BROMLEY CHASE SOUTH BEND, IN 46514 14-1035-0590.59 JOHN JASKOWSKI 2420 CHESIRE DRIVE SOUTH BEND, IN 46614 26-1035-0589.70 GAYLE S. KEPPY & LARRY L. JENNINGS 17535 JACKSON ROAD SOUTH BEND, IN 46614 14-1167-6254 NICHOLAS S. KRUGER & PAMELA M. WASIELEWSKI 5212 ESSINGTON STREET SOUTH BEND, IN 46614 26-1035-0589.53 DUANE P. & ANNE M. LEWANDOWSKI 17536 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6255 NATIONAL ORGANIZATION OF THE NEW APOSTOLIC CHURCH 3753 NORTH TROY STREET CHICAGO, IL 60618 26-1035-0590.17 LOUANNE OSBORNE P.O. BOX 2632 SOUTH BEND, IN 46680 14-1035-0590.63 RELATIVE REAL ESTATE LTD. PTSP. P.O. BOX 297 BRISTOL, CT 06010 26-1035-0589 LEE M. SALMONSEN 5128 ESSINGTON STREET SOUTH BEND, IN 46614 26-1035-0589.51 JOHN M. & BUFFY SNIADECKi 2721 RED FAWN COURT ~ . , , i , , SO[ITH BEND, IN 46614 26-1035-0590.90 MICHAEL E. & JENNIFER SNIADECKI ST. JOSEPH COUNTY 4-H FAIR INC. AMY M. STEKETEE 17675 JACKSON ROAD 5117 SOUTH IRONWOOD ROAD 2428 CHESIRE DRIVE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 14-1167-6239 23-1034-1725;23-1034-1720 26-1035-0589.69 BLAISE N. & TRISHIA A. SUR.ANYI 2434 CRANSTON STREET SOUTH BEND, IN 46614 26-1035-0589.56 SEAN A. TALKINGTON 2348 CRANSTON STREET SOUTH BEND, IN 46614 26-1035-0589.60 TAMPICO DEVELOPMENTS, L.L.C. 828 EAST JEFFERSON BOULEVARD SOUTH BEND, IN 46617 26-1035-0589.55;26-1035-0589.67 DONALD S. & DIANE E. TOROK 17828 HARTMAN STREET SOUTH BEND, IN 46614 14-1167-6277 KURT L. & MARY B. WARNER 17871 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.53 ROLLIN J. & CYNTHIA VJINDBIGLER 2411 CRANSTON STREET SOUTH BEND, IN 46614 26-1035-0589.66 F:\Projecfs~l7-07841Special Use for Sales Trailer\190 Tax Key Listdoc i., ~; RICHARD A. & ALICE TRUBEY KENNETH L. & C. ANN VOTH 17755 JACKSON ROAD 2410 CRANSTON STREET SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 14-1167-6233 26-1035-0589.59 SHAUN WATTERSON 2419 CHESIRE DRIVE SOUTH BEND, IN 46614 26-1035-0589.81 RUSTY L. WAYBRANT 5120 ESSINGTON SOUTH BEND, IN 46614 26-1035-0589.50 WSBT INC. 300 WEST JEFFERSON BOULEVARD SOUTH BEND, IN 46601 23-1034-1726 ERIC & ANTTA YOUTS 17793 BROMLEY CHASE SOUTH BEND, IN 46614 14-1035-0590.57 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 May 16, 2.008 The Honorable Conunon Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Tampico Development BZA 5/15/08 Dear Council Members: The above referenced petition of Taiiipico Development was legally advertised on May 1, 2008. The Board of Zoning Appeals gave it a public hearing on May 15, 2008,at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Mr. Sassano and unanimously tamed, the petition for Special Exception of Tampico Development for the temporary location of a trailer for a sales office, on property located on Lot 2 of the proposed Crescent Oaks Subdivision, zoned "SF1" is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. ,Sincerely, •~~ .~~ Lam'. ..,~ Charles C. Bttlot Building Commissioner CCB/cah TA1\•11']CO DEVELOPMENT (temp. moUile office) SPECIAL E1CL-P"]-ION PUP.SUANT 31-09.3(D) BOARD OF ZONING APPL-ALS CITI" OF SOL1Tl-I BEND. INDIANA FINDINGS OF FACT 1 . "f]-I L- I'P.O1'OSED L•'SE• \~'ILL NOT BE IN7URIOUS TO THE PUBLIC HEALTH. SAFETl'_ COMFORT, COi\'livILiNITI' ~10i:AL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: u Development and use as presented will comply with all Uuilding, fire safety,~traffic, and parl:in~ resulations as to not Ucin_ injurious to the puUlic health. safety, morals. and general Welfare of the community. _. "1-]-1 L- PP~OPOSED C'SE WILL NOT INJURE- OR ADVL-P.SEL~' AFFECT TI-IE USE OF THE AD7ACENT .4RE 1 OP. I'P.OPEI2"f l' \'ALUL-S 1-I-1L--REIN BL-CAUSE: The variance or use shall improve the appearance of the neighUorhood and will not devalue the sun•ounding properties .. THE PP.UPOSL-D L•'SE \~'1LL BL- CONSISTENT WITH THE CHARACTER OF TI-IE DISTRICT IN VdHICH IT IS LOCATED .4ND Tl-1E LAND L1SL-S .AUTIiOR]ZL-D TT1L-REIN BECAUSE: Conditions on the property predate the Zoning Ordinance. which creates a different condition for.this property. a. TILE PP.OPOSED USE IS COMPATIBLE WITI-1 THE RECOMMENDATIONS OF THE CITE' OF SOUTH BEND COa/PREtIE~\'SII E' PL.~N BECAUSE-: - It is the feeling of the Board that the variance is Ulending into the overall Comprehensive Plan and is not deviatin_ Yi-om its intent. COI~~DITIONS OR P.EVISIONS: DECISION IT IS THEREFOP.E t11e•decision of t11e Board that this request for Special Exception shall Ue passed onto the City of South Bend Common Council with a: FAVORAIILE RECOMMENDATION .ADOPTED this 1 ~TI-I Dav o1' 1\'IA~'. 2008 l-ES NO ® RICH.4P.D KILBASE ABSENT CHRISTOPH I-IOFFMAN ® DA\'iD SASS.ANO ® MAURICE HOBAN ABSENT L-LOT~'DA \\'ILDER-HAMILTON ~- RESOLUTION.NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1101 South Michigan Street (Southwest corner. of Garst and South Michigan Streets) South Bend, IN 46601 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and -- WHEREAS, the South Bend Board of Zoning Appeals has made a~ recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1101 South Michigan Street (Southwest corner of Garst and South Michigan Streets) South Bend, IN 46601 in order to permit Commercial Parking Lot to serve the off-site location at 121 Garst Street. SECTION H. 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 IIL The Common Council of the City of SouthBend, 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 N. 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. l w~.~ ~~ ~;~ '(1~~.~~~.t.r l Member of the Common Council PRESEL'TED t~fOT APP~OVEC9 ADOPTED ~!!~d !~ ~l~~l~'~ ~f~l~~ • ~ ~ APR 2 3 2008 dQFiFI VOCRE?E CITY CLE?K, ~O.6Et~Q, IPl. ;~GA1cD OF ZONING APPEALS OF ~'HE CITY OF SOUTH BEND PETITION REAL SERVICES, Inc. Ap PLICANT'S NAME^ 1151 South Michigan Street ADDRE S S 1101 South Michigan Street ADDRESS OF PROPERTY PRESENT ZONIDTG OF PROPERTY REAL SERVICES, Inc. OWNER'S NAME 1151 South Michigan Street, South Bend, IN ADDRE S S William R. Lainie COUNSEL OR CONSULTANT 922 East Wayne Street, South Bend, IN ADDRESS 4661 7 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Seeking a Special Exception Use•- for commercial parking lot to serve the off-site location at 1.21 Garst Street. Seekin a Variance - from the re uired erimeter and arkin 1 ndsca in as indicated. Seeking a Variance - from the re uired twent 20 feet setback for parking areas along Michigan and Garst Streets td zero (0) feet. I attest under the penalties for perjury, that the foregoing representations are true. PHONE 574/233•.8205 46601 PHONE 574/288.6626 MU Mixed Use District PHONE 574/233.8205 . , ~: . ,, i ~ , REAL Services, Inc. 1151 South Michigan Street South Bend, IN 46601 April 23, 2008 80ARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 South Lafayette Boulevard Suite 100 South Bend, IN 4660'1 RE: REAL Services, Inc. SPECIAL EXCEPTION USE and VARIANCE Request The undersigned appellant respectfully shows the Board: 1. I, Rebecca Zaseck, am the President and C.E.O. of REAL Services, Inc., the owner of the following described real estate located within the City of South Bend, Portage Township, St. Joseph County, State of Indiana, to-wit: Lot 9 and 1/2 Vacated Alley, Original Plat of South Bend 1101 South Michigan Street, South Bend, Indiana Property Key: 18-8003-0150 2. Appellant wishes to develop said property for off-site commercial parking use to provide parking for both their Meals on Wheels staff and volunteers. Maximum utilization of the site is necessary to provide a minimum total of (29) total spaces. . In 2007, the Meals on Wheels and Nutrition Programs prepared and delivered 235,000 meals and served 4,400 elderly and disabled.Hoosiers in five counties of northern Indiana. 3. Standards for Variance I.C. 36-7-4-918.4: i The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; the vacant/underutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. ii The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; the vacant underutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. iii The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and the vacant/underutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. iv The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Located on the Michigan Street Gateway and on the south edge of the Central Development Area, the vacantlunderutilized site will be paved and landscaped to provide necessary parking and be compatible with the surrounding area. Re ecca aseck, Presi enti C.E.O. REAL Se 'ces, Inc. PROPERTY OWNERS WITHIN 300' OF KEY #18-8003-0150 18-8001-003301 18-8001-004701 18-8001-0033 18-8001-0034 18-8001-0035 WHITE CATHERINE D % EDWARD J WHITE INC 1011 S Michigan St South Bend IN 46601 18-8003-0152 18-8003-0150 18-8003-0156 18-8003-0154 18-8001-0036 REAL SERVICES HOUSING INC ATT: LESTER FOX 1151 S Michigan South Bend IN 46601 18-8003-0145 18-8003-0139 18-8003-0151 GORNY JOSEPH A AND GERALDINE L 58263 Pear Rd South Bend IN 46619 18-8003-0132 3-G PROPERTIES 1111 S Main St South Bend IN 46601 18-7003-0112 IVY TECH STATE COLLEGE One W 26th St Po Box 1763 Indianapolis IN 46206 18-8001-0024 1011 LLC 2903 York South Bend'IN 46614 18-8001-0048 WHITE RICHARD E & RUTH H BOUTELLE 1011 S Michigan St South Bend IN 46601 18-8001-004901 FRICK LLC 3907 S Michigan c.,,,r1, Ronri TN df,F,id 18-8001-0046 URBAN ENTERPRISE ASSOC OF SOUTH BEND INC 1200 County-City Bldg c.,,,rl, RPn~ ni ar,~m 18-7003-010202 ST JOSEPH COUNTY 7th Fl County City Building C,,.,r1, uP,,,i 7N dFhnt Portage Twp 18-8001-0036 18-SO,Q3-01.50 18-8003-0152 18-8003-0153 18-8003-0154 Informallon shown on this map is not warranted fur accuracy or merchantability, Reproduction of this malarial is not possible without written permission of Sl. Joseph County, Indiana. ~r~~~~.~r. r r~~ T3 fi~it'~~~'-r7 .t 7 A ti ~ ~ i ,_: t.. - ,.: ' ~ - .J l z ~ - --- -,~ .~y N Printed April 16, 2006 Pholography:Spdng 2006 Prepared by: Raylene Sluglik W ESI. Jvseph County Auditors Office 227 W. Jefferson f31vd. South Bend, Indiana 46601 s Phone: (574)235-9463 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46G01 (574) 235-9554 Fnx: (574) 235-5541 May 16, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Real Services, Inc. BZA 5/15/08 __ ...... Dear Council Members: The-above referenced petition of Real Services, li~c. was legally advertised on May 1, 2008. The -Board of Zoning. Appeals gave it a public hearing on May 15, 2008, at which time the following action .. ~ 'was taken: _.. .... ,.;... .. , .... ., .. _ ... . _ Upon a motion by Mr. Sassano,` being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception of Real Services, Inc. for off site parking, on property located at 1101 S. Michigan Street, zoned "Mixed Use" is sent to the Common Council with a Favorable Recommendation. ,The deliberations of the Board .of ~oning,Appeals ,and points, considered in amving 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. 12EAL SERVICES (1 1 U I S. N[ichigan) SPL-C1AL L-~:CL=PTION PURSUANT 31-09.3(D) BO.F'.P.D OF ZONING APPEALS CI'f~' OF SOU"~]-I BEND, INDIANA FINDINGS OF FACT 1. Tl-lE I'P.0]'OSED r'SE ~~'ILL NOT BE IN.IURIOUS TO TI-IE PUBLIC HEALTH_ SAFETY', COMFORT. CO~'ll`1UNITl' 1\'IOR.4L STAI~~D:4RDS. CONVENIENCE OR GL-NERAL WELFARE BECAUSE: De~~rlopment and use as presented will comply with all Uuilding, fire safety, traffic, and parking regulations as to not bc'in~ injurious to the public health, safety, morals, and general welfare of the community. '_. T1-IE PP.OPUSED C'S'C \\'ILL NOT ]N.IU12L- OR .4DVL-P~SEL~' AFFECT THE USE OF THE AD7ACENT .4RL-A OR PROPLRTl' \'ALIJES "fl-IERI.IN BEC'.4USL: The variance or usc, shall improve the appearance of the neighUorhood and will not devalue the sun-rnmding properties. " .. THE PROPOSE-D C/SE \VILL BL- CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOC'.4"I'L-D .AND THE LAND USES AUTI-IORIZED TI-iEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, ~a~hich creates a different condition for this property. -1. TI-1 L- PP~OPOSED USE- IS COMPATIBLE WITH THE- RECOMMENDATIONS OF THE CITE' OF SOUTH BET~'D CO;tIPRGHEA'SII "E PL.aN BECAUSE--: It is the feelinc of the Board that the variance is blending into the overall Comprehensive Plan and is not deviatin_ ti-om its intent. CONDITIONS OR RE\<'ISiONS: DECISION IT IS TI-IL-P~L-FORE the decision of the Board that this request for Special L-xception shall Ue passed onto the City of South Bend Common Council with a: FA~`Oi2A13LE RECO1\'IMENDATION ADOPTED this 15TH Day of MA1"_ 3005 ~'ES NO ® RICHARD I~ILB.4SE ABSENT CHRISTOPH HOFFNI.4N DAVID SASSANO NL4URICE HOBAN ABSENT L-LONDA \VILDL-R-I-IAMILTON RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 121 Garst Street South Bend, IN 46601 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 121 Garst Street South Bend, IN 46601 in order to permit Special Exception Use for Food Sales and Service 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 a%' ~RES[NTED t'aOT APPR01/ED ADOPTED ~~l~a t clerk°~ ©ff~ce APR 2 3 2008 ao~~ s°o°~eE~ao, t~. C5t'( CLER9C, 3GAicD Or ZONING APPALS • OF ~'i'HE CITY OF SOUTH BEND PETITION AP pLTCANT'S NAME ADDRESS 1151 South Michigan Street ADDRESS OF PROPERTY 121 Garst Street PHONE 574/233.8205 PRE SENT ZONING OF PROPERTY OWNER'S NAME REAL SERVICES, Inc. REAL SERVICES, Inc. PHONE 574/233.8205 ADDRESS 1151 South Michi an Street S u William R. Lamie PHONE 574/288.6626 COUNSEL .OR CONSULTANT ADDRE S S 922 East Wayne. Street, South Bend, IN 46617 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Seeking a Special Exception Use •- for Food Sales and Services Seeking a Variance - from the required 5.5 parking spaces to a combination of 4 on-site and 29 off-site arkin s aces. Seeking a Variance - from the required front yard setback of thirty (30) feet to two 2 feet ei ht 8 -inch Seeking a Variance - from the required perimeter and parking landscaping as indicated. Seeking a Variance from the required clear site area of twenty-five (25) feet away from the internsection of G.ar.st and Main Street ROW lines as indicatedr -~ ~lV~ S ) tPP`~' ~• - 5eeking a Variance - from the required twenty-five (25) feet front yard for parking along Garst Street to three (3).feet_five (5) inches. I attest under•the penalties for perjury, that the foregoing representations a-re true. . C ~'~w~ - '_ ~ '~ - LI Light Industrial District REAL Services, Inc. 1151 South Michigan Street South Bend, IN 46601 April 23, 2008 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 South Lafayette Boulevard Suite 100 South Bend, IN 46601 RE: REAL Services, Inc. SPECIAL EXCEPTION USE and VARIANCE Request The undersigned appellant respectfully shows the Board: 1. I, Rebecca Zaseck, am the President and C.E.O. of REAL Services, Inc., the owner of the following described real estate located within the City of South Bend, Portage Township, St. Joseph County, State of Indiana, to-wit: Lot 5 as shown on recorded Plat of Studebaker Corridor 4th Minor Subdivision. 121 Garst Street, South Bend, Indiana Property Key: 18-8001-0036 2. Appellarit wishes to reuse and renovate the existing vacant building into the new location for The Regional Kitchen for Independent Living (Meals on Wheels). The existing site and building were developed iri 1996 as "D" Light Industrial, and would-not meet the Development Standards of the current "LI" Light Industrial. Planned new improvements for a new south-facing vestibule entry and a corner monument sign facing Garst and Main Streets, will be constructed in the current existing locations of existing similar structures. Off-site parking will allow the necessary parking for both the staff and volunteers. Existing off-street parking (4-spaces) will remain as originally constructed. In 2007, the Meals on Wheels and Nutrition Programs prepared and delivered 235,000 meals and served 4,400 elderly and disabled Hoosiers in five counties of northern Indiana. 3. Standards for Variance I.C. 36-7-.4-918.4: i The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; the building renovation will allow a food service program to continue to serve the under served. ii The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; the vacant/underutilized site will be renovated into a food service facility that will be compatible with the surrounding area. iii The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and the vacant/underutilized site will be renovated into a food service facility that will be compatible with the surrounding area. iv The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Located near the Michigan Street Gateway and on the south edge of the Central Development Area, the vacant/underutilized site will be renovated into a food service facility that will be compatible with the surrounding area. Reb ca Zas ck, PreSi nt/ C.E.O. REAL Servic s, Inc. PROPERTY OWNERS WITHIN 300' OF KEY #18-8001-0036 18-8001-003301 18-8001-004701 18-8001-0034 18-8001-0035 CATHERINE D % EDWARD J WHITE INC 1011 S Michigan St Cmith RPnri TN 4Ffin1 18-8001-0044 18-8001-0049 1.8-8001-0045 URBAN ENTERPRISE ASSOC OF SOUTH BEND INC 1200 County-City Bldg. South Rend IN 46601 18-8003-0152 REAL SERVICES HOUSING INC ATT: LESTER FOX 1151 S Michigan South Bend IN 46601 18-8003-0145 18-8003-0139 18-8003-0151 GORNY JOSEPH A AND GERALDTNE L 58263 Pear Rd Snnth Rend TN 46619 18-8003-0119 M&K ASSOC PO Box 1505 South Bend IN 46634 18-8003-0128 18-8003-0132 18-8003-0134 3-G PROPERTIES 1111 S Main St South Bend IN 46601 18-8003-0147 SOUTH BEND FIREFIGHTERS FEDERAL CREDIT U 1122 S Main St South Bend IN 46601 18-8003=0150 REAL SERVICES HOUSING INC P.O. Box 18351 South Bend IN 46634 is-8oo1-0021 18-aool-o017 RICHARD BOOCHER 2425 W Western Av South Bend IN 46619 18-8001-0024 1011 LLC 2903 York South Bend 1N 46614 18-8001-001701 KAR LLC Po Box 935 South Bend IN 46624 18-8001-0048 WHITE RICHARD E & RUTH H BOUTELLE 1011 S Michigan St South Bend IN 46601 18-8001-0036 REAL SERVICES INC 1024 S Main S South Bend IN 46601 18-8001-004901 FRICK LLC ' ~ 3907 S Michigan South Bend IN 46614 18-7003-010202 ST JOSEPH COUNTY 7th Fl County City Building _ South Bend IN 46601 18-8001-0031 ARCHIVE SERVICES L L C P O Box 4221 South Bend IN 46634 18-8001-0010 MCCUNE JAMES & SANDRA 2421 Bay Pointe Dr Saint Joseph MI 49085 Portage Twp 1'8=8001=0036 18-8003-0150 18-8003-0152 18-8003-0153 18-8003-0154 Information shown an Ihis map is not warranted for accuracy or merchantability. Reproduction of this material Is not possible without written permission of SL Joseph County, Indiana. _._ i,A \~., 5 r -'' I _ °S _ ~ ~r j l i.._; ,, - N Printed April 18, 2008 Photography:Spring 2006 Prepared by: Raylene Sluglik W ESI. Joseph County Auditors Office 227 W. Jefferson Blvd. South Bend, Indiana 46601 Phone: (574)235-9463 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574} 235-9554 Fnx: (574) 235-5541 May 16, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Real Services, Inc. BZA 5/15/08 Dear Council Members: The above referenced petition of Real Services, Inc. was legally advertised on May 1, 2008. The Board of Zoning Appeals gave it a public hearing on May 15, 2008, at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Kilbase and unanimously carved, the petition for Special Exception of Real Services, Inc. for food sales and service in a "LI" Light Industrial district, on property located at 121 Garst Street, zoned "Mixed Use" is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in amving 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. Sincere ~, Charles C. Bulot Interim Building Commissioner CCB/cah I2E.4L SERVICES (]'' ] Garst) SPECIAL EXCEPTION PURSUANT 3]-09.3(D) BOARD OFLO1~'ING APPL-ALS C'll'1' 01= SOtITH BEND. INDIANA FINDINGS OF FACT I . "rl-lE PROPOSED L'SL- \~'1LL NOT BE INJUP.IOUS TO THE PUBLIC HEALTI-I. SAFETY'. COMFORT. COI`'11`IUNITI" NIOP~_AL STANDARDS. CONVENIENCE OR GENERAL WELFARE BECAUSE; Development and use as presented will comply with all Uuilding, fire safety, traffic, and pat9cing regulations as to not Uein~~ injurious to the puUlic health, safety. morals. and ~ eneral welfare of the community. ~. l'1-lE PP.OPOSL=D USF \\'ILL NOT IN.TURE OR ADVERSELY AFFECT THE USE OF THE AD.TACENT .-1P~EA OP. PP.OI'EP.T~" \'.ALULS THL-RL-IN BECAUSE: The variance or use shall improve the appearance of the neiehUorhood and will not devalue the stn-roundine properties. .. TI-IL- PROPOSED C/SE \V ILL BE CONSISTENT WITI-I THE CHARACTER OF THE DISTRICT TN WHICH IT ]S LOCATED AND THL- LAND USES .AUTl-]ORIZED TI-IEItL-IN BECAUSE: Conditions on the property predate the .Zonine Ordinance, which creates a different condition for this property. =2. -1-1-1E PROPOSED uSE 1S C'OMP.ATIBLE WITH THE RECOMMENDATIONS OF THE C1TY OF SOUTH BEND COA/PREHE~'SII'E PL.-1~' BL-CALISL-: It is the feelin_ of the Board that the variance is Ulending into the overall Comprehensive Plan and is not deviatin« ti-om its intent. CONDITIONS OR RL-VISIONS: DECiS10N IT 1S THEREFOP~E the decision of the Board that this request for Special Exception shall Ue passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 1=TH Day of MAl'. 2005 ~'L-S NO ® RICHARD KILBASE ABSENT CHRISTOPH HOFFNIAN ® DAVID SASSANO ® MAUF.ICE HOBAN .ABSENT ELONDA \VILDER-HAMILTON 4 `,~-~ Uanci~, ~-/arner ~ ~I ssociates, /nc. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners Honorable Members of the City of April 21, 2008 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for the City of South Bend for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana: Dear Council Members: f Our clients are requesting the approval of a Special Exception for their property located in the 900 Block of Oliver Plow Court, South Bend, Indiana. This Special Exception will allow the petitioner to increase the amount of area of their property that can be used for outside storage. Our clients believe that the approval of the proposed Special Exception will fit with the existing industrial uses in this portion of the Oliver Plow Industrial Park. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, ~. <._ _ ._ . ~= i. F File # 080146 Md. "C" ~i~~d in C6~r~'s ~3#foce pp~ 2 2 2008 JOIN tfOpRDE C~ G:.=_;ix, 50. ear:~~,~_. 1643 Commerce Drive . South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 otfi~ 5741234-4003 ^ 800/594-4003 . Fax 5741234-4119 0~~ 2691471-3010 . F~ 2691471-7237 rresiaent Danch, Harner & Associates, Inc. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT (900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 36-7-4-918.6,. requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and- WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the 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, INDL~NA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for an outside storage area of 188,000 square feet (i.e. 4.32 ac.) which exceeds the maximum allowed outside storage area of 140,917 square feet (i.e. 50% of the proposed lot property area of approximately 6.47 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance. SECTION H. 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 fmds 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; 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; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council r Filed !f'~ ~~~r~~'~ ®f~lce APR ~ ~ X008 NOT APPRO`JED ADOPTED ~ BOARD OF ZONING APPEALS NO. NOTIFIED FILED , 20 20 HEARING , 20 APPEAL Applicant's Name: THE CITY OF SOUTH BEND Phone 235-937 1 Address: 12TH FLOOR COUNTY-CITY BUILDING 227 WEST JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 Address of Property: THE 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 46601 Present Zoning of Property: "GI" GENERAL INDUSTRIAL DISTRICT Owner's Name: THE CITY OF SOUTH BEND Phone 235-9371 Address: 12TH FLOOR COUNTY-CITY BUILDING, 227 WEST JEFFERSON BLVD., SOUTH BEND, INDIANA 46601 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COM[~RCE 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 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 46601 NATURE OF APPEAL: .SPECIAL ERCEPTION REQUEST: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-04-02 (2) (B) (iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 188,000 square feet (i.e. 4.32 ac.) which exceeds the maximum allowed outside storage area of 140,917 square feet (i.e. 50$ of the proposed lot property area of approximately 6.47 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21- 04-02 (2) (B) (iii) of the City of South Bend Zoning Ordinance, and the following Variance Requests: VARIANCE REQUESTS: PARCEL "A": 1). A. Variance from the requirement of providing a 100-foot wide Rear ~~ Residential Bufferyard and required perimeter landscaping of one (1) ,, ., 2 deciduous tree at a minimum spacing of 40 feet on-center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping; 2). A Variance from the requirement of providing a 100-foot wide Side Residential Bufferyard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Western property line to a 20 foot wide setback for a proposed storage area and a Type "B" landscaping containing a double row of evergreen trees as shown. 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, Indiana Auditor's office. The Petition property presently has a Zoning classification of "GI" General.Industrial District. The Petitioner has been the owner of the property for the last several years and is in the long-term process of developing the Petition site and the adjacent .properties into an Urban Industrial Park. This was the original site for the Oliver Plow Works. The City of South Bend acquired the property and cleaned up the site and paved Oliver Plow. Court as a Public Street access to the new industrial sites. The Rose Fuel Company came to this Park a few years back and presently has their facility just to the southeast of the Petition site. The City has been working with Underground Pipe and Value, Inc. to re-locate them from their present site south of Sample Street on the east side of Prairie Avenue to the property shown as Parcel "A" on the attached site plan. The Petition property contains approximately 6.47 acres of area, and is sized for the Underground Pipe & Valve new facility and outside storage area. As shown, the new building will contain approximately 36,000 square foot of floor area and will include their corporate offices as well as their processing services. The remainder of the site will contain the parking area for employees and clients which is along the south and east side of the proposed new building. To the west and north of the building will be an outside storage area for Underground Pipe and Valves inventory of salable merchandise. After discussions with the City Building Department staff, it was determined that in order to develop the site as shown, a Special Exception and a few Variances would be required to be approved. Even though the property has an Industrial classification, a Special Exception is required due to the amount of the property, which will be used for outside storage of inventory product. The City's Ordinances in the General Industrial District limit the outside storage to 50~ of the size of the property. As proposed, the outside storage exceeds that amount of area by approximately 47,000 square foot. Underground Pipe and Valve desires to remain in a downtown location, as they are centrally located to their clientele. The City also desires to keep Underground Pipe and Valve within the City limits, and as stated, close to their clients.-The City believes that this site works wel~l~fcor them; and the r- 3 proposed user. This also helps to develop the Urban Industrial Park, and may entice other Companies to this. centrally located Industrial Fark. The Petitioner would ask the Board Members to agree that approval of the Special Exception to allow for additional outside storage as shown on the attached site plan, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare,. or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that-the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code § 21-09.03 (i). With regards to the Variance requests for Parcel "A", the first Variance the Petitioner is requesting, is from the requirement of providing a 100-foot wide Rear Residential Bufferyard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping. The entire north boundary of the Petition site is located along the Conrail Railroad right-of-way, which contains several sets of rails and has a width of approximately 160 feet. There is also a grade change between the Petition site and the railroad right-of-way. The tracks are higher than the site by approximately 10 feet. The Petitioner believes with the width of the right-of-way and the use being an active rail line, the required 100 ft, wide setback is not needed, nor is the requirement of providing landscaping along this portion of the property. The Petitioner would also state. that they own the ground located to the northwest of the Petition site and that it will be used as the main retention basin for the Industrial Park. The Petitioner, as part of the development of the Industrial Park, will be adding additional landscaping on portions of the basin area. They would hope that the Board Members agree that approval of -this Variance request would not have an adverse impact on any surrounding property or their values. The last Variance request is from the requirement of providing a 100- foot wide Side Residential.Bufferyard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Western property line to a 20-foot wide setback for a proposed storage area and a Type "B" landscaping containing a double row of evergreen trees as shown. The Petitioner would state that as shown, they will be providing a 20 foot wide setback along the west boundary of the property along with a double row of evergreen trees. The properties to the- west of the Petition site have a Zoning classification of General Industrial, but there are a few homes located in this area. This portion of the Petition property also contains the main storm sewer line for the Industrial Park,. which transports surface runoff created on the Industrial Parks' lots to the retention basin shown to the northwest of the site. This limits the amount of area that can be _used for landscaping containing-evergreen or deciduous trees. As~this portion of the Petition site is to be-used only for outside storage, the Petitioner ~. would hope that the Board Members agree that providing the 20 ft. buffer strip along with evergreen trees on this portion of the property would effectively screen the outside storage area from the closest home. With this .proposed buffer, the Petitioners believe that approval of this variance would not be detrimental to the adjacent properties. The Petitioner believes that approval of the above Special Exception and Variances for this proposed use will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioner would ask the Board Members to agree that approval of the above described Special Exception and Variances will not have a detrimental affect for .this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contend that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and Special Exception are sought: that the need for the Variances and Special Exception arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the petition for the Variances and Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. Y attest, under the penalties for perjury, that the foregoing representations are true. Michael J. Danch President Danch, Harner & Associates, Inc. Property Owners Within 300 Feet City of South Bend Dept.of Rose Fuel & Materials Inc RAITT Corp. Redevelopment 918 Oliver Plow Ct 815 W Sample St 1200 County City Building South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 3061 235105 Tax Key # 018 3061 235103 Tax KPV # f11~i RnF1 X351 ' City of South Bend Dept.of Public Parks/City of South Housing Authority SB 531 S Chapin Bend 501 S Scott St South Bend, IN. 46601 301 S St.Louis Blvd South Bend, IN. 46601 Tax Key # 018 3058 2272 South Bend, IN. 46628. Tax Key # 018 3059 2304 Tax KPV # (11 R ~(15R 7771(11 Iglesia Misionera Emmanuel Consolidated Rail Corporation New Jersey Ind 1024 Western Ave 1528 Walnut St 22nd Flr 110 Franklin Road S.E. South Bend, IN. 46619 Philadelphia, PA. 19102 Roanoke, VA. 24042 Tax Key # 018 3059 230701 Tax Key # 018 3059 2297 Tax Key # 018 3062 2357 Jeffrey Polanskey Mary M Rea Antonio & Terry Lopez 737 Sylvan Ln 544 Broadway St 1205 W Grace South Bend, IN. 46619 Niles, M1.49120 South Bend, IN. 46619 Tax Key # 018 3062 2370 Tax Key # 018 3062 2371 Tax Key # 018 3062 2378 Willie & Terence Smith Abdon Aguilar & Maria Lopez Stanley Szostakowski 1317 Lismore Ln 1208 W Grace 1202 W Grace St Normal, IL. 61761 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3062 2379 Tax Key # 018 3062 2386 Tax Key # 018 3062 2387 Juan &Vincenta Vargas Juan &Vincenta Vargas Curtis & Patty Brown 1207 W Ford 1207 W Ford St P.O.Box 6043 South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46660 Tax Key # 018 3062 2394 Tax Key # 018 3062 2395 Tax Key # 018 3067 2546 Apolonio ~ Herculana Robledo Rene & Maria Pedraza Michael & Audrey Davis 1204 Ford St 711 S Arnold St 713 Arnold South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3067 2547 Tax Key # 018 3067 2548 Tax Key # 018 3067 2550 Jose Duran Jose & Margaret Duran Janet Ivacic 719 S Arnold 719 S Arnold 3019 S Michigan South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3067 2552 Tax Key # 018 3067 2553 Tax Key # 018 3067 2556 haul Fujawa Paul Fujawa Mary Ann Manuszak 1121 Grace St 1121 Grace St - 1117 W Grace St ~ i • ~ ~ ~ ~ ~ •~ South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 fax Key # 018 3059 2316 Tax Key # 018 3059 2317 Tax Key # 018 3059 2318 Citi Mortgage Inc Successor Citi Mortgage Inc Terrance Findley 1111 N Pointe Dr Bldg. 4 #100 1111 N Pointe Dr. Bldg. 4 # 100 1105 W Grace Coppell, Texas 75019 Coppell, TX. 75019 South Bend, IN. 46619 Tax Key # 018 3059 2319 Tax Key # 018 3059 2320 Tax Key # 018 3059 2321 Stanley & V Krol Paul Fujawa Pablo Alvarez Jr. 1124 W Grace St 1122 Grace Street 1118 Grace St South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3059 2322 Tax Key # 018 3059 2323 Tax Key # 018 3059 2324 Patricia Meller Frank Niedbala City of South Bend Dept of City of South Bend Dept.of 1114 W Grace St Redevelopment Redevelopment South Bend, IN. 46619 1200 County City Building 1200 County City Building Tax Key # 018 3059 2325 South Bend, IN. 46601 South Bend, IN. 46601 Tax Kav # 111 R 81159 ~R~R Tax Kav # n1 R X1159 ~~~7 Domingo &Diocelina Orona Domingo &Diocelina Orona Jalyn Properties 614 S Arnold 614 S Arnold P.O.Box 4 South Bend, IN. 46619 South Bend, IN. 46619 Gary,IN. 46402 Tax Key # 018 3059 2329 Tax Key # 018 3059 2330 Tax Key # 018 3059 2331 REO Nationwide LLC Russ Affhalter Jr. 10445 Bobbie Ln 126 W.10th St Pilot Point, TX 76258 Mishawaka, IN. 46544 Tax Key# 018 3059 2332 Tax Key # 018 3059 2333 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 May 16, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for the City of South Bend BZA 5/15/08 Dear Council Members: The above referenced petition of the City of South Bend was legally advertised on May 1, 2008. The Board of Zoning Appeals gave it a public hearing on May 15, 2008, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Mr. Sassano and unanimously carried, the petition for Special Exception to allow an outside storage area 188,000 square feet which exceeds the allowed outside storage area of 140,917 square feet in a "GI"' General Industrial district, on property located in the 900 block of Oliver Plow Ct., is sent to the St. Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot Building Commissioner CCB/cah C1Tl' OF SOtiTH BEND (outside storage) SPEC'].4L E\CEPTTON PURSUANT 21-09.3(D) BOARD 01= ZONING APPL-ALS CITI' OF SOLiTIl BEND: INDIANA FINDINGS OF FACT 1. I~HE PROPOSED L`SE \\'ILL NOT BE 1N.lUP~10US TO THE- PUBLIC HEALTH. SAFETZ'. COMFORT. CONI(`IUl~'1Tl" )\-IOP..4L ST.4NDAP.DS. CON\%ENIENCE OR GENERAL WELFARE BECAUSE: De~•elopment and use as presented will comply with all building, fire safety, traffic, and parking re~~ulations as to not hein_ i~ijurious to the public health. safety. morals, and general welfare of the community. _. l"I-1 L- PROPOSED L•%SE \\'ILL NOT IN.TURE OR ADVERSE-L4' AFFECT THE USE OF TI-IE AD.TACENT ARL-A U1: PROPL=P.TI' VALUES TI-]EREIN BECAUSE-: The ~•ariance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properu es. _ . 'fl-1 L- PROPOSED L%SE \~1'ILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND TI-IE LANtD USES .AUTHORIZED THEREIN BECAUSE: Being that the petition is only temporary. it will•not affect the value of the surrounding properties. -l. Tl-1L- PP.OI'OSED USE IS COMP:4TIBLL- WITH THE RECOMMENDATIONS OF THE CITI' OF SOUTH BEND CO~IIPREHE~\'Slf E PL:Ii\' BECAUSE: It is the feeling of the Board that the variance is blendin~a into the overall Comprehensive Plan and is not deviatin~_ ti-om it's intent. CONDITIONS OR REVISIONS: DECISION IT IS TI-IL-T~E1=0RE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: ADOPTED this I NTH Day of M.4~'. '_OOS ~'ES NO ® RICHARD T:ILBASL- ABSL-NT CI-IRISTOPH HOFFMAN ® DA\'ID SASSANO ® MAURICE HOBAN ABSENT ELONDA \\'1LDER-I-IANIILTON w Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 May 21, 2008 1 The Honorable Council of the City of `~~~ ~ `~ ~~-°"-""~ South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of William A. Geyer to zone from R Single Family District (County) to CB Community Business District (City), property located at 52610 Portage Road, City of South Bend - APC# 2472-08 Dear Council Members: I hereby Certify that the above referenced ordinance of William A. Geyer was legally advertised on Thursday, May 8, 2008 and that the Area Plan Commission at its public hearing on Tuesday, May 20, 2008 took the following action: Upon a motion by John DeLee, being seconded by Dan Brewer and unanimously carried, the proposed ordinance and site development plan of William A. Geyer to zone from R Single Family District (County) to CB Community Business District (City), property located at 52610 Portage Road, City of South Bend is sent to the Common Council with a favorable recommendation subject to a written commitment that will provide a 24 foot wide ingress and egress easement to connect with the easement provided on the property to the north. The rezoning is a logical expansion and in-fill of the existing commercial area. The property, which is currently within St. Joseph County, is surrounding by the City of South Bend. The rezoning will compliment the existing land uses in the area. 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, ~'~~ ~,i,~. GU ~~~q~•s~.1. John W. Byorni IJ JWB:sr Attachment CC: William A. Geyer Jerry Rafferty 3. Bernard Feeney i ~I~~ ~~ ~~~:r~'a ~ffgcs ~y1 AY 2 1 2008 JOi#t9 VCC~ui: CiTYCL~nS, S0. Bi;tdi), IPI. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2472-08 Owner: William A. Geyer Location: 52610 Portage Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from R Single Family District (County) to CB Community Business District (City) to allow commercial/restaurant uses. Land Uses and Zoning: On site: The site is currently vacant land. North: To the north are businesses zoned CB Community Business District. East: To the east are apartments zoned MF2 High Density Multifamily District. South: To the south are businesses zoned CB Community Business District. West: To the west are businesses zoned CB Community Business District. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 0.85 acres. The site plan shows a proposed 4,500 square foot building. Buildings will cover approximately 12% of site. The proposed development indicated 25 parking spaces. Parking and drives will consist of approximately 49% of the site. The remaining 39% of the site will consist of open space. One access point is provide off of Portage Road. The petitioners are requesting a variance on the rear yard set back from 20' to 10'. Zoning and land use history & trends: There have been several rezoning and annexations in the area within the past several years for both commercial and office type developments. Traffic and transportation considerations: Portage Road has four lanes and widens to four lanes plus a turn lane at its intersection with Appaloosa. Utilities: The site will be served by municipal sewer and water. Additional information: (Agency comments) 5 Criteria (per IC 36-7-4-603): Land Use Plan: City of South Bend -City Plan, November 2006 The Future Land Use Map identifies this general area as commercial. The rezoning is consistent with the comprehensive plan's Future Land Use Map. William A. Geyer #2472-08 Page 1 of 3 2. Current conditions and character: The site is currently vacant. The area is a mixture of commercial and multifamily in character. 3. Most desirable use: The most desirable use for the property is commercial. 4. Conservation of property values: The surrounding property values should not be affected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow infill development in a commercial area. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation subject to a written commitment that will provide a 24' wide ingress & egress easement to connect with the easement provided on the property to the north. Analysis: The rezoning is a logical expansion and in-fill of the existing commercial area. The property, which is currently within St. Joseph County, is surrounding by the City of South Bend. The rezoning will compliment the existing land uses in_the area. William A. Geyer #2472-08 Page 2 of 3 Wing Key COUNTY "R" SINGLE FAMILY ~w.~~.f SOUTH BEND °MF2" HIGH-DENSITY MULTIFAMILY SOUTH BEND °OB' OFFICE BUFFER ® SOUTH BEND'CB" COMMUNITY BUSINESS N W E s 1 inch equals 30~ feet APC # 2472-Q8 William A. Geyer #2472-08 Page 3 of 3 Rezoning from: "R" SINGLE FAMILY to "CB" COMMUNITY BUSINESS ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT ONE, WILLIAM A. GEYER, 52610 PORTAGE RD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.85 acres located in German Township; St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this territory THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A part of the West Half of the Southwest Quarter of Section Numbered 22, Township Numbered 38 North, Range Numbered 2 East, lying East of the State Road leading from South Bend to Niles, Michigan, known as Portage Highway, more particularly described as follows, to-wit: Beginning at the intersection of the East and West center line of said Section Numbered 22, Township and Range aforesaid with the center line of said Portage Highway; thence Southeasterly along the center line of said highway a distance of 385 feet to the point of beginning of this description; thence Northeasterly at right angles to the center line of said Portage Highway, 209.38 feet to a point on the East line of the West Half of the Southwest Quarter of said Section Numbered 22; which point is 283.6 feet South of the East and West center line of said Section Numbered 22; thence South along the East line of the west Half of the Southwest Quarter of said Section Numbered 22, 503.25 feet to a point in the center line of said Portage Highway; thence Northwesterly with the center line of said Highway, 176.5 feet to a point; thence continuing Northwesterly with the center line of said highway, 363.9 feet to the place of beginning. Excepting from the above described tract of land a parcel more particularly described as beginning at a point on the East line of the West Half of the Southwest Quarter, said point being 283.60 South of the East-West centerline of said Section 22; thence continuing South 00°00'00" East, a distance of 4.73 feet; thence South 69°10'06" West, a distance of 167.71 feet to the Easterly right-of--way line of Portage Road; thence along said'right-of- way line North 20°43'37" West, a distance of 5.15 feet; thence North 69°24'54" East, a distance of 169.38 feet to the point of beginning. Subject to legal highways. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights-of--way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as zone CB - Community Business District provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: 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 at o'clock .m. Mayor of the City of South Bend ~g 9 st READING 3-Z~- PL1BL{C { SEARING 3 rd READING NOT APPROVED REFERRED ~ -P- 3 'Z`~-og 2 , ~i~~~ ~~t ~~~C~G'~ ~'~~BG~ ~~AR 1 9 2008 JOHtJ VOGRDE CITY CLERK, sa. BEF?D, lN. ~#'ASSED PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Getman Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I (We) atn/are the owner(s) (hereina$er "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least (CHECK ONE):. X a. one-hundred percent (100%) of the owners of the land in the territory sought to be annexed; OR b. fifty-one percent (51%) of the owners of the land in the territory sought to be annexed; OR ` c. the owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes. 4) The property sought to be annexed and rezoned is located at: 52610 Portage Road, South Bend, Indiana 46628 5) The Property Tax Key Number(s) is: 04-1014-024201 6) The name and address of the property owner(s) of the petition site is/are: William A. Geyer, P.O. Box 229, Lakeville, Indiana 46536 7) The name and address of the contingent purchaser(s), if applicable, is/are: Jerry Rafferty, 6079 East 300 S, Franklin, Indiana 46131 8) The parcel is 0.85 acres in size and currently has the following use(s) on it: vacant land 9) Number of people currently residing on the property: 0 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: R -Single Family Residential To City of South Bend zoning classification: CB -Community Business District for the following use(s): Commercial /Restaurant PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND. INDIANA (Cont.) I1) The anticipated "build-out" year for the project: 2008 / 2009 12) The following information has been submitted with the Petition: 1. a legal description of the property, titled as Exhibit "A "; 2. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 304 feet of the petition property; 3. seventeen (17) site plans; 4: addressed, stamped envelopes for all property owners within 300 feet of the petition property. 13) The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: ~-.~ ~r U L~'~.1~ - QN~ William .Geyer P.O. Box 229 Lakeville, Indiana 46536 Phone: (574)340-8638 14) Name, Address & Phone Number of Contact Person/Preparer: J. BernardFeeney Lang, Feeney & Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 phone: (574) 233-1841 fax: (574) 674-0374 ~il~d In Ct~r4~'s ®~~~~ MAR 1 9 2008 JQ41N `t~Q R6ECdD, IPI. CITY CLERK,