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HomeMy WebLinkAbout10-14-13 Common Council Agenda & PacketAr FN nA SOUTH BEND COMMON COUNCIL MEETING MONDAY, OCTOBER 14, 2013 1. INVOCATION - REV. FRED PRESTON 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINES 7-nn D M 13 -67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AND CELEBRATING THE 100TH ANNIVERSADY OF THE FOUNDING OF THE SAINT MARY PARISH ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: (BILLS NO. 44 -13, 45 -13, 46 -13 AND 47 -13 TO BE HEARD IN THE COUNCIL PORTION ONLY) BILL NO. 44 -13 PUBLIC. HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 45 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 46 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 47 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 50 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2014 51 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2014 52 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2014 53 -13 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2014 55 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING ORDINANCE NO. 10192 -12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2014 56 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10200 -12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2014 49 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE 8. BILLS, THIRD READING BILL NO. TIME: 44 -13 THIRD READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 45 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 46 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 47 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 46 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE'. OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 47 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 50 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2014 51 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2014 52 -13 THIRD READING ON A. BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2014 53 -13 THIRD READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2014 55 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING ORDINANCE NO. 10192 -12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2014 56 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10200 -12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2014 49 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE 9. RESOLUTIONS BILL NO. 13 -56 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 818 THOMAS STREET 13 -64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1026 CORBY BLVD. 13 -68 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 736 CALIFORNIA, 908 - 910, 906, 838, 836 -834, 824 -826, 812, 808 PORTAGE AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR THE NEAR NORTHWEST NEIGHBORHOOD, INC. 10. BILLS, FIRST READING BILL NO. 58 -13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1. THE FIRST NORTH /SOUTH ALLEY EAST OF GEORGIANA STREET, WEST OF BURNS STREET RUNNING NORTH FROM THE FIRST EAST -WEST ALLEY SOUTH OF NAPOLEON STREET FOR A DISTANCE OF APPROXIMATELY 54.5 FEET TO ITS TERMINATION POINT. 2. THE FIRST NORTH /SOUTH ALLEY EAST OF BURNS STREET, WEST OF DUEY AVENUE RUNNING NORTH FROM THE FIRST EAST /WEST ALLEY SOUTH OF NAPOLEON STREET FOR A DISTANCE OF APPROXIMATELY 56 FEET TO ITS TERMINATION POINT 59 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1, BASIC PROVISIONS, TO ADD A NEW SUBSECTION RELATIVE TO THE REZONING OF EXISTING STRUCTURES; ARTICLE 2, RESIDENTIAL DISTRICTS TO REVISE STATE SWIMMING POOL CODE REFERENCES; ARTICLE 4, INDUSTRIAL DISTRICTS, TO REVISE SCREENING REQUIREMENTS; ARTICLE 5 PLANNED UNIT DEVELOPMENT, TO REVISE AN INCORRECT CITATION; ARTICLE 7, GENERAL REGULATIONS, TO REVISE CERTAIN LANDSCAPING REQUIREMENTS BETWEEN RESIDENTIAL AND INDUSTRIAL USES, AND TO REVISE INCORRECT CITATIONS 60 -13 FIRST READING ON A BILL OF THE COMMON COUNICL FOR THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $21,000.00 FROM THE PALAIS ROYALE HISTORIC PRESERVATION FUND (FUND 450) FOR REPAIRS TO THE HISTORIC EXTERIOR /INTERIOR OF THE VENUE 61 -13 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 736 CALIFORNIA AVENUE, 906, 908 & 910 PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 62 -13 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 605, 613, 617, 621 NOTRE DAME AVENUE AND 823 SORIN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 63 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO REINSTATE ARTICLE 2, SECTION 17 -27.1 HAULED SEPTIC WASTE 64 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY THROUGH 2017 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13: PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 6-�` 0-6- q` --u ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2013 to be collected in the year 2014 the following: For CORPORATION GENERAL FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $xxxx on each one hundred dollars of Taxable Property. Total Civil City Rate $xxxx For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $xxxx on each one hundred dollars of Taxable Property. Total Redevelopment Rate $xxxx SECTION IL This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. rj -,,c ") r) „gx (1t: Member of the Common Council G� . -, ";• fvr _' ti ,tlfiltg and a Council action on Ols Issue, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock—. m. iii READIF,'G PUBLIC F{rANI IG 3rd RCADJifc NOT A' PROVED kEHRRED PASSED Deputy City Clerk Approved and signed by me on the _ day of o'clock .m. 2 , at Mayor, City of South Bend, Indiana Filed inIICle7 i CtTi� �1 ut f, r f tz V> IN 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SO= BEND PETE B=GIEG, MAYOR PRoNE574 /235 -9216 Fax 574/235.9928 DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common Council 4a' Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Levying taxes and fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2014 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2014 and ending December 31, 2014. This tax rate will apply for property tax assessments in fiscal 2013 with taxes payable in fiscal 2014. This bill is submitted for I` read filing with the Common Council for the council meeting on August 26, 2013, 2 "a read and public hearing at the council meeting on September 23, 2013, with 3d reading and council vote at the council meeting on October 14, 2013. Similar to prior years, a substitute bill will be filed with the estimated property tax rates inserted after they are determined. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must be completed by February 15, 2014. The actual property tax rate will depend on the 2013 /pay 2014 net assessed valuation of property in South Bend and this information is not yet available from the St. Joseph County Auditor. I will be available to discuss this substitute bill at the appropriate sessions of the Personnel and Finance Committee and South Bend Common Council. Respectively submitted, Mark W. Neal City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristol Brisco, Corporation Counsel Filed sn Vc#rFc'S Offluf IiU) L) 2 Q Q ... CITY CLERK, SOUTH SENC,, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several Departments of the Civil City of South Bend, Indiana for 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. For the expenses of the Civil City Government, its various Departments, Funds, Commissions, and institutions for the fiscal year ending December 31, 2014, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the Funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION 11. For the fiscal year ending December 31, 2014, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit: (201) Park and Recreation Fund (202) Motor Vehicle Highway Fund (203) Park Recreation Non - Reverting Fund (209) Studebaker Oliver Reverting Grants (210) Economic Development Grant Fund (211) Community Investment Administration Fund (212) Community Investment Grant Fund (216) Police State Seizures Fund (217) Gift, Donation, Bequest Fund (218) Police Curfew Violations Fund (220) Law Enforcement Continuing Education Fund (222) Central Services Fund (226) Liability Insurance & Premium Reserve Fund (227) Loss Recovery Fund (249) Public Safety Local Option Income Tax Fund (251) Local Roads and Streets Fund (252) Excess Welfare Distribution (258) Human Rights — Federal Fund (271) East Race Waterway (273) Morris PAC/Palais Royale Marketing Fund (278) Police Take Home Vehicle Fund (280) Police Block Grant Fund (281) Economic Development Revenue Bonds Fund (288) E.M.S. Capital Improvement Fund (289) Hazmat Fund (291) Indiana River Rescue Fund (292) Police Grants Fund (294) Regional Police Academy Fund (295) COPS More Grant Fund (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (404) County Option Income Tax Fund (405) Park Department Non - Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund (408) County Economic Development Income Tax Fund (412) Major Moves Construction Fund (416) Morris Performing Arts Center Capital Fund (434) CREED Fund (450) Palais Royale Historic Preservation Fund (655) Project ReLeaf Fund (677) Hall of Fame Capital Fund (701) Fire Pension Fund (702) Police Pension Fund (705) Police K -9 Unit Fund (711) Self - Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund SECTION 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. O-)� n Member, South Bend Common Counci Attest: Sig rd r.0 vj!I ,'.J i.; CJ Yb'lUl Council action on tii issue, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2� at —o'clock—M. City Clerk Approved and signed by me on the day of 2 at o'clock, _.m. Zee 3 151 READING PUBLIC EEE ^,RING 3 rd READii IG NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed ( AN 2_i..4013 i CL 0 i fily 9 t c sdD, IN 120ON CouNTY-OTY BtncorNc 227 W JEFFnSONBwD. SouTH BEND, INDIANA 46601 -1830 OTY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHoNa574/235 -9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common.Council 4th Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2014. Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures of the City of South Bend for the fiscal year commencing January 1, 2014 and ending December 31, 2014. This bill is respectively submitted for 1t read filing with the Common Council for the council meeting scheduled for August 26, 2013, 2nd read and public hearing at the council meeting on September 23, 2013, with 3`d read and council vote at the council meeting on October 14, 2013. This bill will be presented to the Common Council by the Mayor, Controller, Department Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectively submitted Mark W. Neal City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel File On Cit r�vf; AUG 21 2013 _J Jot d: t *;"r _..,t: CITY CLE[3.1t, S3�rif2, IN IN -L�A 01�- lib- (3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR TILE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana its various Departments, Funds, Commissions and institutions for the fiscal year ending December 31, 2014, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the Funds hereinafter named in Section 11, and for the purposes hereinafter specified in Section 11, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION 11. For the fiscal year ending December 31, 2014 the above appropriations are made within the following Funds of the City: (600) Consolidated Building Fund (601) Parking Garage Fund (610) Solid Waste Operating Fund (611) Solid Waste Depreciation Fund (620) Water Works General Operations Fund (622) Water Works Capital Fund (623) Water Works Bond Capital Fund (624) Water Works Customer Deposit Fund (625) Water Works Sinking Fund (626) Water Works Bond Reserve Fund (629) Water Works 0 & M Reserve Fund (640) Sewage Repair Insurance Fund (641) Sewage Works General Operations Fund (642) Sewage Works Capital Fund (643) Sewage Works O &M Reserve Fund (649) Sewage Works Bond Sinking Fund (659) 2011 Sewer Bond Fund (661) 2012 Sewer Bond Fund (663) 2013 Sewer Bond Fund (665) 2014 Sewer Bond Fund (670) Century Center Operating Fund (671) Century Center Capital Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: A all C)PP01, I 101i I �11 for and CDunell &6,dol on us issue, City Clerk Presented by me to the Mayor of the City of South Bend, Indian on the _day of at _o'clock —.m. Approved and signed by me on the —day of at o'clock —.m. Lt READING PUBLIC F$ lift!G 3rd REAMNG NOT APPROVED RIUI ERRED PASSED Deputy City Clerk Mayor, City of South Bend, Indiana Filed h CMr CLERK. IN 120ON CouNmQTY BUILDING 227 W. JEFFERSON BLVD. SourH BEND, INDIANA 46601 -1830 Pr4oNE574/235 -9216 FAx 574/235 -9928 CITY of SOUTH BEND PETE BurnGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common Council 4i1' Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Departments and Funs of the Civil City of South Bend for the fiscal year ending December 31, 2014 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2014 and ending December 31, 2014. This bill is respectively submitted for I" read filing with the Common Council for the council meeting scheduled for August 26, 2013, 2nd read and public hearing at the council meeting on the September 23, 2013, with 3rd read and council vote at the council meeting on October 14, 2013. This bill will be presented to the Common Council by the Mayor, Controller, Department Head and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respectfully submitted, a Mark Neal City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel Filed in (6i"`, Ail Q Z '140 13 1 E•L�T! }y i.�N�IlU4 CITY CL> nt;, 40LI M SeND, IN am L� �� �g � �i-1 -� 3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit its proposed budget and tax levy to the Common Council of the City of South Bend for adoption. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that the South Bend Public Transportation Corporation, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Common Council of the City of South Bend. Pursuant to Indiana Code § 6- 1.1- 17- 20(e), the Common Council of the City of South Bend is required to review the South Bend Public Transportation Corporation's budget and proposed tax levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The South Bend Public Transportation Corporation's budget for the year ending December 31, 2013 in the sum of $12,136,126.00, as shown on Budget Form 4 -A, filed with the Common Council on August 28, 2013, is appropriated, adopted, approved and ordered set apart out of the several funds herein named and for the purposes herein specified, subject to the laws governing the same. Such sums herein appropriated shall be held to include all expenditures authorized to be made during the year, unless otherwise expressly stipulated and provided for by law. In addition, for the purpose of raising revenue to meet the necessary expenses of the South Bend Public Transportation Corporation, a total property tax levy of $3,922,136.00 and a total tax rate of 0.1259 as shown on Budget Form 4 -B are also appropriated, approved and adopted. SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approved by the Mayor. Attest: City Clerk Member, South Bend Common ouncil Signing e, f l r ..iv :wu3iii� Find councg action on wis issue, . -. Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2013, at o'clock . m Approved and signed by me on the— day of at o'clock, —.m 1 st READING ` `J 13 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk, Deputy , 2013, Mayor, City of South Bend, Indiana Filed gnu Clerk's Office AN 27 2093 C17YCLERK, SOUTH SEND, IN wq-) err o e South Bend Public Transportation Corporation Via Hand Delivery August 28, 2013 Mr. Derek D. Dieter President - City of South Bend Common Council County - City Building - Room 4005 South Bend, IN 46601 Dear President Dieter: Enclosed an original and several copies of F'ffed in Markle �i�il"f °9 "at3ty5 y..� CITY CLEFK, , y: s i AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC 'TRANSPORTATION CORPORTATION'S 2014 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVNUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council ") for adoption by the Council. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6- 1.1- 17- 20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. I.C• § 6- I.1 -17 -3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy. Pursuant to this code section, the first publication of Transpo's budget must occur by September 6, 2013 and the second publication must be made by September 13, 2013. Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council. " ranspo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board meeting on October 21, 2013. Transpo's budget was filed with the Common Council on August 28, 2013. Transpo will present this Ordinance to the Council. In attendance will be myself along with our Controller, Christopher Kubaszak. Tranpso's General Counsel, Jamie C. Woods, may also attend along with Members of Transpo's Board of Directors. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. Sincerely. David Cangany General Manager, South Bend Public Transportation Corporation (574) 232 -9901 . FAX (574) 239 -2309 •1401 S. Lafayette Blvd. • P.O. Box 1437 • South Bend, IN 46624 South Bend Public Transportation Corporation Via Hand Delivery August 28, 2013 Mr. Derek D. Dieter President - City of South Bend Common Council County - City Building - Room 4005 South Bend, IN 46601 Dear President Dieter: Enclosed are two (2) copies of the South Bend Public Transportation Corporation's ( "Transpo's ") 2014 Operating and Capital Budget. Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council ") for adoption by the Council. Specifically, Indiana Code § 6- 1.1 -17 -20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6- 1.1- 17- 20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. I.C. § 6- 1.1 -17 -3 sets forth the publication requirements relating to the Council's adoption of Transpo's budget and levy. Pursuant to this code section, the first publication of Transpo's budget must occur by September 6, 2013 and the second publication must be made by September 13, 2013. Transpo's Board of Directors will vote to approve the budget and levy after it is formally adopted by the Council. Transpo's Board of Directors will vote to approve the budget and levy at Transpo's regularly scheduled monthly Board meeting on October 21, 2013. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. As I have expressed to the City of South Bend's Controller, I am willing to assist in this process in any manner whatsoever. Please contact me if you would like to discuss any aspect of the adoption of Transpo's budget. Sincere , Christopher Kubaszak Controller, South Bend Public Transportation Corporation (574) 232 -9901 . FAX (574) 239 -2309 .1401 S. Lafayette Blvd. • P.O. Box 1437 • South Bend, IN 46624 SOUTH BEND PUBLIC TRANSPORTATION CORPORATION 2014 FISCAL OPERATING & CAPITAL BUDGET January 1, 2014 through December 31, 2014 Prepared By South Bend Public Transportation Accounting Staff SOUTH BEND PUBLIC TRANSPORTATION CORPORATION SOUTH BEND, INDIANA 2014 FISCAL YEAR BUDGET REQUEST TABLE OF CONTENTS BUDGET ESTIMATE FOR 2014 PROJECTIONS / ASSUMPTIONS 2014 Revenue Projection... ............ I ...... ............. ............................... 2014 Expense Projection ........................ " "' " " "' 2014 Appropriations .............................................................. ..............................3 2014 Budget Assumptions .................... ............................... 4 2014 Budget Policy Statements ............................................ ..............................4 2014 Budget Summaries by Category — All Accounts ............................. 2014 Capital Requirement. z O O IL ix O U O o Q U LU O w a a U) w z z > w U � J � m o � N a 0 z W m 2 F- O N z O H O CL w O U z O H Q ti O a co z cl H U J m a z W m 2 H M 0 CO) z O F w W 7 O w a w 0) z W a x w a N N TRANSPO Budgeted Appropriations nnel Services 7,055,439 6,839,556 Services and Charges 1,331,273 1,469,620 -s 1,411,863 1,240,471 Ou0ays 354,000 390,000 1,983,550 Total Appropriations 7,055,439 1,331,273 1,411,863 795,904 1 2,337,550 AP 2014 OPERATING BUDGET ASSUMPTIONS REVENUES: Federal, State. and Local: Given past and continued success in securing adequate capital funds through congressionally designated funding for major capital projects, we are able to continue to avail ourselves of annual federal capital formula grant funds toward preventative maintenance and education /training, making such funds available to the operations budget. In 2014, the State of Indiana has fixed PMTF rate for the next two years and has made it a line item in the State's Budget. We based the 2014 PMTF revenue on 2013 actual approved budget. This caused our budget figure to be decreased 13% from 2013 budget. Property Tax revenue was budgeted at $67,800 more than prior year. Ridership and Leases: Farebox revenues from regular services include a 3.51% increase from our 2013 forecasted levels. The revenue increase is due the service agreement changes with local universities and new summer pass. TRANSPO ACCESS has realized an increase in ridership since 2008 and is expected to continue this trend in future years. Lease revenues reflect current tenant agreements and renewals of existing contracts. Employee Wages and Benefits: TRANSPO will see an increase in wages for all employees in 2014. due to the finalization of a three year collective bargaining agreement in 2012. Employee benefits reflect an estimated 3.30% increase over 2013. This increase is mainly due to an estimated increase of five percent in health insurance premiums. Other benefits reflect current bargaining agreement terms and contingencies for future premiums given their historical trends. Vehicular and Operating: Vehicular and commercial insurance costs increased from the 2013 budget. Diesel fuel has been budgeted at an average of $3.07 per gallon and gasoline at $3.30 per gallon. Both of these markets have been extremely volatile and it is projected that future world developments could cause costs to increase. Utilities: Utility costs have been budgeted at no increase form the 2013 forecasted levels, due to TRANSPO cost savings experienced in the new Administration, Maintenance and Operations facility. Marketing: Marketing contracts, services, and advertising placement accounts have not been changed from 2013 budgeted figures. W Training: The 2014 budgeted amounts increased from 2013 budgeted provisions. TRANSPO plans to use federal grants to offset most of the cost associated with training. The current budget provides continued opportunities for all positions. Transfer — Capital Improvement FundfRestrieted Liability Reserve: The 2014 budget provides the opportunity to transfer up to $41,176 to the Capital Improvements fund for future capital expenditures or deposit up to $41,176 into a restricted liability reserve account, to be used for general liability purposes. i+ UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET, BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED, THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT. I r 2014 OPERATING BUDGET POLICY STATEMENTS FINANCIAL CAPACITY: The proposed budget does not reflect any fare changes. A fare analysis may be conducted and recommendations will follow, based upon the results of the analysis. 2. Management will continue to search for investment, grant and funding opportunities so as to maximize revenues. 3. Management will assure cash handling practices to safeguard funds in its Protection and toward timely collection of funds owed. SERVICE POLICY: 4. A review of current services levels will be conducted and recommendations will follow based upon the results of the analysis. 5. Management will continue to work within the current FTA charter regulations and existing agreements with private charter providers in order to provide charter services. 6. ACCESS service will be provided in accordance with all applicable FTA guidelines. MANAGEMENT: A professional workforce will carry out our Mission Statement. Management will assure fairness, even - handedness, consistency, and effective Equal Employment Opportunity and Affirmative Action policies and practices. 8. Assumes continuation of team development, employee recognition, and continuation of increased opportunities for employee training. 9. Assumes continued pursuit of programs of wellness and accident prevention in an effort to stem, to whatever extent possible, rising insurance costs. 0 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: ACCOUNT TITLE: Salaries & Wages Summary 2012 ACTUAL $ 4,933,658 2014 BUDGET REQUEST $ 5,063,271 2013 APPROVED BUDGET $ 4,910,940 BUDGET CHANGE $ 152,331 Account Title 2013 2014 Operators Access Drivers & Clerk $3,081,293 $ 3,168,660 Operations Administration 344,042 352,799 Revenue - Vehicle Maintenance 308,637 364,312 Maintenance Administration 660,670 637,598 N on - Revenue - Vehicle Maintenance 124,945 131,288 General Administration 102, 036 71,006 289,317 337,607 Total $4,910,940 $ 5,063,271 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: ACCOUNT TITLE: All Fringe Benefits Summary 2012 ACTUAL $1,805,942 2014 BUDGET REQUEST $ 1,992,169 2013 APPROVED BUDGET $ 1,928,616 BUDGET CHANGE $ 63,553 Account Title 2013 2014 FICA Pension plan $ 375,687 $ 387,341 Medical Insurance 211,694 214,535 Insurance 1,101,551 1,155,878 Life Insurance Life Insurance 44,154 47,775 Short -Term Disability 26,730 21,478 Unemployment Insurance 18,412 12,423 17,968 Worker's Compensation 88,198 11,032 Uniforms Tool Allowance 46,267 85,700 46,462 3,500 4,000 Total $1,928,616 $ 1,992,169 93 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Services Summary 2012 ACTUAL $1,218,960 2014 BUDGET REQUEST 2013 APPROVED BUDGET BUDGET CHANGE $ 740,018 $ 710,656 $ 29,362 Account Title 2013 2014 Management Service Fees $ 253,407 $ 255,469 Advertising Fees 7,500 Professional & Technical 254,039 7,500 279,039 Tuition & Registration - Employees Tuition & Registration - Board - 2,500 Temporary Help 2,500 2,500 Contract Services Operations 19,150 1818,000 Contract Services Maintenance 100,000 ,950 1 Contract Services Administration 13,260 13 Security Services 55,800 ,260 55,800 Physical Damage Repairs 35,000 Recoveries of Physical Damage Repairs (30,000) 35,000 (30,000) Total $ 710,656 $ 740,018 0 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: ACCOUNT TITLE: Materials & Supplies Summary 2012 ACTUAL $1,589,038 2014 BUDGET REQUEST $ 1,411,863 2013 APPROVED BUDGET $ 1,251,192 BUDGET CHANGE $ 160,671 Account Title 2013 2014 Fuel & Lubricants Operations $ 960,239 $ 1,103,363 Fuel & Lubricants Maintenance 16,353 17,840 Tires & Tubes Operations - Tires & Tubes Maintenance 2,560 Materials & Supplies Operations - 25,000 Materials & Supplies Maintenance 210,000 210,000 Materials & Supplies Marketing 37,600 35,600 Other Materials & Supplies Operations 6,000 4,500 Other Materials & Supplies Maintenance 3,600 2,600 Other Materials & Supplies General Administration 17,400 10,400 Total $ 1,251,192 $ 1,411,863 10 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: Administration & Maintenance ACCOUNT TITLE: Utilities ACCOUNT NUMBER: 505- Ox50 -00 505- Ox2x -00 2012 ACTUAL $ 174,807 2014 BUDGET REQUEST $ 209,267 2013 APPROVED BUDGET $ 209,267 BUDGET CHANGE $ _ Account Title 2013 2014 Electricity $ 98,014 $ 98,014 Water & Sewage Trash Collection Telephone Natural Gas 11 $ 16,654 $ 16,654 $ 5,000 $ 5,000 $ 10,351 $ 79,248 Totals $ 209,267 $ 10,351 $ 79,248 $ 209,267 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Insurance Summary 2012 ACTUAL $ 215,208 2014 BUDGET REQUEST $ 236,477 2013 APPROVED BUDGET $ 246,971 BUDGET CHANGE $ (11,494) Insurance - Liability & Physical Damage Other Corporate Insurance 12 Total $ 229,192 6,285 $ 235,477 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Miscellaneous Summary 2012 ACTUAL $ 52,118 2014 BUDGET REQUEST $ 105,335 2013 APPROVED BUDGET $ 84,070 BUDGET CHANGE $ 21,265 Account Title 2013 2014 Dues & Subscriptions $ 28,070 $ 29,835 Travel & Meetings 2,000 11,500 Community Services 15,000 15,000 Promotion 1,000 1,000 Advertising Placements 38,000 38,000 Interest Expense on Tax Warrants Miscellaneous 10,000 Total $ 84,070 $ 1051335 13 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Passenger Fares Summary ACCOUNT NUMBER: 413 - 0100 -00 2012 ACTUAL: $ 1,419,226 2014 BUDGET REQUEST $ 1,450,230 2013 BUDGET REQUEST $ 1,400,953 BUDGET CHANGE: $ 49,277 Account Title 2012 2013 Passenger Revenue 938,141 980,146 Access Passenger Revenue 35,366 Access Punch Card Revenue 61,967 36,526 Passport Revenue 185,675 63,190 Student Pass Revenue 28,320 183,890 Tripper Revenue 9,623 31,590 Two Ride Pass Revenue 65,334 9,623 Two Week Pass 76,527 62,628 82,638 $ 1,400,953 $ 1,450,230 14 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Capital Fund Requirements ACCOUNT NUMBER: 301 - 0101 -00 2012 ACTUAL $ 413,354 Grant Number Available 2014 BUDGET REQUEST _L 1,983,550 2013 APPROVED BUDGET $ 795,904 BUDGETCHANGE $ 1,187,646 FTA/State Total Funded Required Grant -IN -90 -X591 $ 40,000.00 $ 32,000 $ 8,000 Grant IN -90 -X621 $ 315,000 $ 252,000 $ 63,000 State of Good Repair $ 300,000 $ 240,000 $ 60,000 Bus Livability Grant $ 1,612,750 $ 1,290,200 $ 322,550 Grant -IN -04 -0044 $ 4,150,000 $ 3,320,000 $ 830,000 Grant IN -90 -X628 $ 1,000,000 $ 800,000 $ 200,000 Grant -IN -90 -X650 $ 2,500,000 $ 2,000,000 $ 500,000 Total ,L =9n,917,750 15 $ 7,934,200 L 1,983,550 SOUTH BEND PUBLIC TRANSPORTATION CORPORATION I r 2014 FISCAL OPERATING & CAPITAL BUDGET January 1, 2014 through December 31, 2014 Prepared By South Bend Public Transportation Accounting Staff SOUTH BEND PUBLIC TRANSPORTATION CORPORATION SOUTH BEND, INDIANA 2014 FISCAL YEAR BUDGET REQUEST TABLE OF CONTENTS BUDGET ESTIMATE FOR 2014 PROJECTIONS / ASSUMPTIONS 2014 Revenue Projection ...................................................... ..............................1 2014 Expense Projection ...................................................... ..............................2 2014 Appropriations .............................................................. ..............................3 2014 Budget Assumptions .................................................... ..............................4 2014 Budget Policy Statements ............................................ ..............................6 2014 Budget Summaries by Category — All Accounts ........... ..............................7 2014 Capital Requirement ....................................... .............................15 z O a Ix O U z O Q H O a z Q H U W a 0 z W m Z F O N z O F U W O R' IL w M z w w a T N N O ° ° ° ° ° ° c c u u e e e e o o 0 0 0 0 I 0 0 0 0 OD O O O O 0 07 O O M 0 0 0 O M N O O p p r r � N O O O O O O! a 6 6 O � N a O O O It 0 z O O a w O U O p F a � � w a a Z ai z w ~ X () w J � m N a D z w m x O W LIE TRANSPO Budgeted Appropriations nnel Services 7,055,439 6,839,556 Services and Charges 1,331,273 1,469,620 as 1,411,863 1,240,471 (Outlays 354,000 390,000 1,983,550 Total Appropriations 7,055,439 1,331,273 1,411,863 795,9041 2,337,550 I r a 2014 OPERATING BUDGET ASSUMPTIONS REVENUES: Federal. State. and Local: Given past and continued success in securing adequate capital funds through congressionally designated funding for major capital projects, we are able to continue to avail ourselves of annual federal capital formula grant funds toward preventative maintenance and education /training, making such funds available to the operations budget. In 2014, the State of Indiana has fixed PMTF rate for the next two years and has made it a line item in the State's Budget. We based the 2014 PMTF revenue on 2013 actual approved budget. This caused our budget figure to be decreased 13% from 2013 budget. Property Tax revenue was budgeted at $67,800 more than prior year. Ridership and Leases: Farebox revenues from regular services include a 3.51% increase from our 2013 forecasted levels. The revenue increase is due the service agreement changes with local universities and new summer pass. TRANSPO ACCESS has realized an increase in ridership since 2008 and is expected to continue this trend in future years. Lease revenues reflect current tenant agreements and renewals of existing contracts. EXPENSES: Employee Weges and Benefits: TRANSPO will see an increase in wages for all employees in 2014. due to the finalization of a three year collective bargaining agreement in 2012. Employee benefits reflect an estimated 3.30% increase over 2013. This increase is mainly due to an estimated increase of fire percent in health insurance premiums. Other benefits reflect current bargaining agreement terms and contingencies for future premiums given their historical trends. Vehicular and Operatina: Vehicular and commercial insurance costs increased from the 2013 budget. Diesel fuel has been budgeted at an average of $3.07 per gallon and gasoline at $3.30 per gallon. Both of these markets have been extremely volatile and it is projected that future world developments could cause costs to increase. Utilities: Utility costs have been budgeted at no increase form the 2013 forecasted levels, due to TRANSPO cost savings experienced in the new Administration, Maintenance and Operations facility. Marketing: Marketing contracts, services, and advertising placement accounts have not been changed from 2013 budgeted figures. Tra_ inina: The 2014 budgeted amounts increased from 2013 budgeted provisions. TRANSPO plans to use federal grants to offset most of the cost associated with training. The current budget provides continued opportunities for all positions. — � jial I 3rovement Fund(Restricted Liability Reserve; The 2014 budget provides the opportunity to transfer up to $41,176 to the Capital Improvements fund for future capital expenditures or deposit up to $41,176 into a restricted liability reserve account, to be used for general liability purposes. w UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH BEND PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A MONTHLY BUDGET, BASED ON HISTORICAL AND FUTURE TRENDS, WILL BE ESTABLISHED, THIS WILL HELP FACILITATE THE MONTHLY REVIEW OF FINANCIAL REPORTS BY BOARD MEMBERS AND INTERNAL MANAGEMENT. i 2014 OPERATING BUDGET POLICY STATEMENTS FINANCIAL CAPACITY: The proposed budget does not reflect any fare changes. A fare analysis may be conducted and recommendations will follow, based upon the results of the analysis. 2. Management will continue to search for investment, grant and funding Opportunities so as to maximize revenues. 3. Management will assure cash handling practices to safeguard funds in its Protection and toward timely collection of funds owed. SERVICE POLICY: 4. A review of current services levels will be conducted and recommendations will follow based upon the results of the analysis. 5. Management will continue to work within the current FTA charter regulations and existing agreements with private charter providers in order to provide charter services. 6. ACCESS service will be provided in accordance with all applicable FTA guidelines. MANAGEMENT: 7. A professional workforce will carry out our Mission Statement. Management will assure fairness, even - handedness, consistency, and effective Equal Employment Opportunity and Affirmative Action policies and practices. 8. Assumes continuation of team development, employee recognition, and continuation of increased opportunities for employee training. 9. Assumes continued pursuit of programs of wellness and accident prevention in an effort to stem, to whatever extent possible, rising insurance costs. 0 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: ACCOUNT TITLE: Salaries & Wages Summary 2012 ACTUAL $ 4,933,658 2014 BUDGET REQUEST $ 5,063,271 2013 APPROVED BUDGET $ 4,910,940 BUDGET CHANGE $ 152,331 Account Title 2013 2014 Operators Access Drivers & Clerk $3,081,293 $ 3,168,660 Operations Administration 344,042 352,799 Revenue - Vehicle Maintenance 308,637 660,670 364,312 Maintenance Administration 124,945 637,598 Non - Revenue - Vehicle Maintenance 102,036 131,288 General Administration 289,317 71,006 337,607 Total $4,910,940 $ 5,063,271 TRANSPO 2014 BUDGET SUBMISSION .DEPARTMENT: ACCOUNT TITLE: All Fringe Benefits Summary 2012 ACTUAL $1,805,942 2014 BUDGET REQUEST $ 1,992,169 2013 APPROVED BUDGET _L1,928.616 BUDGET CHANGE $ 63,553 Account Title 2013 2014 FICA Pension plan $ 375,687 $ 387,341 Medical Insurance 211, 1,101,551 551 214,535 Dental Insurance 44,154 1,1 55 ,878 Life Insurance 26,730 47,775 Short -Term Disability 18,412 21,478 Unemployment Insurance 12,423 17,968 Worker's Compensation 88,198 11,032 Uniforms Tool Allowance 46,267 85,700 46,462 3,500 4,000 Total $1,928,616 $ 1,992,169 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Services Summary 2012 ACTUAL $1,218,960 2014 BUDGET REQUEST 2013 APPROVED BUDGET BUDGET CHANGE $ 740,018 $ 710,656 $ 29,362 Account Title 2013 2014 Management Service Fees $ 253,407 $ 255,469 Advertising Fees 7,500 Professional & Technical 254,039 7,500 Tuition & Registration - Employees 279,039 Tuition & Registration - Board - 2,500 Temporary Help 2,500 Contract Services Operations 19,150 2,500 Contract Services Maintenance 100,000 ,950 1818,000 Contract Services Administration 13,260 1 Security Services 55,800 13,260 Physical Damage Repairs 35,000 55,800 Recoveries of Physical Damage Repairs (30,000) 35,000 (30,000) Total $ 710,656 $ 740,018 0 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: ACCOUNT TITLE: Materials & Supplies Summary 2012 ACTUAL $1,589,038 2014 BUDGET REQUEST $ 1,411,863 2013 APPROVED BUDGET $ 1,251,192 BUDGET CHANGE $ 160,671 Account Title 2013 2014 Fuel & Lubricants Operations $ 960,239 $ 1,103,363 Fuel & Lubricants Tires & Tubes Maintenance 16,353 17,840 Operations Tires & Tubes Maintenance - 2,560 Materials & Supplies Operations Materials & Supplies Maintenance 210,000 25,000 210,000 Materials & Supplies Marketing 37,600 35,600 Other Materials & Supplies Operations 6,000 4,500 Other Materials & Supplies Maintenance 3,600 2,600 Other Materials & Supplies General Administration 17,400 10,400 Total $ 1,251,192 $ 1,411,863 10 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: Administration & Maintenance ACCOUNT TITLE: Utilities ACCOUNT NUMBER: 505 - 0x50 -00 505- 0x2x -00 2012 ACTUAL $ 174,807 2014 BUDGET REQUEST $ 209,267 2013 APPROVED BUDGET $ 209,267 BUDGET CHANGE $ _ Account Title 2013 2014 Electricity $ 98,014 $ 98,014 Water & Sewage Trash Collection Telephone Natural Gas 11 $ 16,654 $ 16,654 $ 5,000 $ 5,000 $ 10,351 $ 79,248 Totals $ 209,267 $ 10,351 $ 79,248 $ 209,267 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Insurance Summary 2012 ACTUAL $ 215,208 2014 BUDGET REQUEST $ 235,477 2013 APPROVED BUDGET $ 246,971 BUDGET CHANGE $ (11,494) Insurance - Liability & Physical Damage Other Corporate Insurance Total 12 $ 229,192 6,285 $ 235,477 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Miscellaneous Summary 2012 ACTUAL $ 52,118 2014 BUDGET REQUEST $ 105,335 2013 APPROVED BUDGET $ 84 070 BUDGET CHANGE $ 21,265 Account Title 2013 2014 Dues & Subscriptions $ 28,070 $ Travel & Meetings 29,835 Community Services 2,000 11,500 Promotion 15,000 15,000 Advertising Placements 1,000 1,000 Interest Expense on Tax Warrants 38,000 38,000 Miscellaneous 10,000 Total $ 84,070 $ 105,335 _ 13 TRANSPO 2014 BUDGET SUBMISSION DEPARTMENT: ACCOUNT TITLE: Passenger Fares Summary ACCOUNT NUMBER: 413 - 0100 -00 2012 ACTUAL: $ 1,419,226 2014 BUDGET REQUEST $ 1 — 450,230 2013 BUDGET REQUEST $ 1,400,953" BUDGET CHANGE: $ 49,277 Account Title 2012 2013 Passenger Revenue Access Passenger Revenue 938,141 986,146 Access Punch Card Revenue 35,366 36 ,526 Passport Revenue 61 ,967 63,190 Student Pass Revenue 185,675 183,890 Tripper Revenue 28,320 31,590 Two Ride Pass Revenue 9,623 9,623 Two Week Pass 65,334 62,628 76,527 82,638 $ 1,400,953 $ 1,460,230 14 TRANSPO 2013 BUDGET SUBMISSION DEPARTMENT: All ACCOUNT TITLE: Capital Fund Requirements ACCOUNT NUMBER: 301 - 0101 -00 2012 ACTUAL $_ 4_ 13_354 Grant Number Available 2014 BUDGET REQUEST $ 1,983,550 2013 APPROVED BUDGET $ 795,904 BUDGETCHANGE $ 1,187,646 FTA/State Total Funded Required Grant -IN -90 -X591 $ 40,000.00 $ 32,000 $ 8,000 Grant IN -90 -X621 $ 315,000 $ 252,000 State of Good Repair $ 300,000 $ 63,000 Bus Livability Grant $ 1,612,750 $ 240,000 $ 60,000 Grant -IN -04 -0044 $ 4,150,000 $ 1,290,200 $ 322,550 Grant IN -90 -X628 $ 1,000,000 $ 3,320,000 $ 830,000 Grant -IN -90 -X650 $ 800,000 $ 200,000 $ 2,500,000 $ 2,000,000 $ 500,000 Total $ 9,917,750 15 $ 7,934,200 $ 1,983,550 Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT Indiana state law provides in Indiana Code § 36 -4 -7 -2 (b) that: "The city legislative body shall, by ordinance, fix the annual compensation of all elected city officers ". Indiana Code § 36 -4 -7 -2 (c) provides that: "The compensation of an elected city officer may not be changed in the year for which it is fixed nor may it be reduced below the amount fixed for the previous year ". This ordinance proposes a maximum 2% increase for 2014 which is consistent with the raises being proposed for other non -sworn employees of the City of South Bend. u9niq "/-erI"re. /x i © J)ilir , as follows: Section I. The maximum salaries for the members of the South Bend Common Council in calendar year 2014 shall be established as follows: 2013 $17,581 2014 $17,933 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. John Voorde, City Clerk Ok�a- I-x (� Member of the Common Council and A9'v'�n bil 4.•... i:s C:':J l`u S4�i. 2014 South Bend Common Council Salary Ordinance Page 2 3 t READING -2-3 -� UBLIC HEARING 3 rd READING 1OT APPROVED (LEEERRED PASSED 0l nf/ ffew,/ ian y on the day of 2013. Janice Talboom, Deputy City Clerk ,wi on the day of 2013. Pete Buttigieg, Mayor City of South Bend, Indiana File fn- d1 rk'j OfftCCt SEP 17 2013 JOHN VOORVE CITY CLERK, SOUTH BEND Im, Summary of South Bend Common Council Salary Ordinances Ordinance No. Date Passed Salary Year Amount 7307 -84 02 -27 -84 1985 $10,900 1986 $11,400 1987 $11,900 1988 $12,400 7911 -88 08 -29 -88 1989 $12,400 8052 -89 12 -18 -89 1990 $13,104 1991 $13,626 1992 $14,035 8306 -92 10 -26 -92 1993 $14,035 1994 $14,245 1995 $14,672 1996 $14,965 8595 -95 05 -08 -95 1997 $14,965 1998 $14,965 1999 $14,965 9043 -99 10 -11 -99 2000 $15,226 2001 $15,493 2002 $15,764 2003 $16,040 9449 -03 09 -08 -03 2004 $16,040 2005 $16,321 2006 $16,607 2007 $16,898 9775 -07 08 -13 -07 2008 $16,898 2009 $16,898* 9962 -09 09 -28 -09 2010 $16,898 10038 -10 09 -13 -10 2011 $16,898 10131 -11 11 -28 -11 2012 $17,238 10193 -12 10 -22 -12 2013 $17,581 * No ordinance was passed for the 2009 calendar year so the 2008 salary amounts continued. TL °o, v °o, o 0 0 0 nF. O ° ° C` n Oml v O Y 1WD , H O M 1011 Vl 00 N r.: o Y o ld N o .�+ u'�i O c 06 m o pl T = C u m ` Y 03� °; tip° M U Q f0 W W W Vl C Y J G yy�j N N N N NNN N N N N NNN N N 'N N N N N N N °o, a m r�-� $ o g TL u v 880 0 °o, a°0, H O ° o nF. 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Jefferson Blvd South Bend, Indiana 46601 -1530 September 17, 2013 Members of the Common Council 4`h Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Re: Proposed 2014 Salaries for Common Council Members Tim Scott Dear Council Members: First District Henry Davis, Jr. At the September 16`h Personnel and Finance Committee meeting during Second District my presentation on the proposed Common Council budget for 2014, I indicated that a 2% increase had been incorporated into next year's budget Valerie Schey for salaries for the Council. The attached ordinance sets forth that Third District proposal. Fred Ferlic Pursuant to requests from the Council, I am also attaching the following Fourth District data: David Varner Fifth District • 1 -page summary of South Bend Common Council salaries from 1985- 2013 Oliver J. Davis • 1 -page 2013 IACTAnnual Salary Survey Results —Class 1 and 2 Cities Sixth District for Common Council Members as well as the Mayor & City Clerk Derek D. Dieter I request that this proposed ordinance be sent to the Personnel and Finance At Large Committee for review and recommendation, with the 2 "d reading, public Gavin Ferlic hearing and 3`d reading be set for October 14th At Large Thank you for your consideration. Karen L. White At Large Sincerely, Derek D. Dieter Council President Attachments ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT The City Clerk serves as Clerk of the Common Council under Indiana Code § 36 -4 -6 -9 and maintains custody of its records. The City Clerk is also charged with maintaining all records as required by law; keeping the city seal; administering oaths; taking depositions; attending all regular and special meetings of the Council; and performing other duties as required by the Common Council. The Common Council is required by under Indiana Code § 36 -4 -7 -2 to fix the annual compensation of all elected city officers. Indiana Code § 36- 4 -11 -4 authorizes the City Clerk to appoint "the number of deputies and employees authorized by the city legislative body." In the interest of fairness, the following ordinance sets forth the same percentage increase for the City Clerk as requested for the deputies and employees in the City Clerk's Office. The City Clerk currently oversees a staff of four (4) which includes the Ordinance Violations Bureau. r i:i � ri r rr �i r Gr r Gr r�i - Gr r��r r is r � r Section I. The annual compensation for the City Clerk of the City of South Bend, Indiana, for calendar year 2014 shall be and hereby is established at $57,157.00 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member of the Common CouAl 2014 City Clerk Salary Page 2 Im Office of the City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the _day of , 2013 at o'clock .m. Office of the City Clerk ,walaw�.q,,..,by me on the _day of , 2013 at _ o'clock _.m. 7 st READING R _2.3—L 3 PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED PASSED Pete Buttigieg, Mayor City of South Bend, Indiana Fled an Clerk's ®fidc; SEP 17 2013 JOr��t VOC,rsl+ CITY CLERK, ::i,'UTH SEND, IN Office of the City Clerk John Voorde, City Clerk September 18, 2013 Derek D. Dieter, President South Bend Common Council 4'h Floor County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 Re: 2014 Salary Ordinance Dear President Dieter: As you are aware state law requires a separate salary ordinance for the City Clerk. Meeting that requirement this bill requesting a 2% salary increase is submitted for your consideration. Thank you in advance for your favorable consideration. Most Sincerely, - John Voorde, City Clerk 455 County -City Building. 227 W. Jefferson Blvd. South Bend, Indiana 46601• 574/235 -9221 . Fax 574/235 -9173 Mary Beth Wisniewski JaniwTalboom Kareemah Fowler Chief Deputy Deputy Ordinance Violation Clerk 8: \ Qz - :�-Z- ( 3 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code 36- 4 -7 -2, the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for Mayor of the City of South Bend in calendar year 2014 at the same rate set in 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual compensation for the Mayor of the City of South Bend in calendar year 2014 shall be and hereby is established at $100,431.00. Section 1I. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any publication required by law. Attest: City Clerk t Member, South Bend Common ouncil couridi Faa*' i G3i Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2 , at o `clock m. Mayor, City of South Bend, Indiana L�;� !`Ice 2012 i i n "em, IN tst READING ` -2'3 —j PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED PASSED 120ON Couwy -Cm Bvjmim 227 W JEFFERSON BLW. SouTH BEND, INDIANA 46601 -1830 Pmn 574 / 235 -9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE BumGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 18, 2013 Mr. Derek Dieter President, South Bend Common Council 4t' Floor, County -City Building South Bend, IN 46601 Re: Ordinance Setting the Mayor's Salary For 2014 Dear President Dieter: Attached is the 2014 salary ordinance setting the Mayor's salary. Under Indiana law, I.C. 36- 4- 7 -2(c), the Mayor's salary may not be reduced from the prior year's amount. This ordinance maintains the Mayor's 2014 salary at the 2013 rate. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Mark Neal City Controller -- ECirr ce.Re„ 0 y , P141 Bill No. ORDINANCE NO. AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid to non - bargaining personnel employed bythe City of South Bend for the calendar year 2014. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid maybe less than the maximum amounts set forth herein. This Ordinance establishes such compensation for approximately all non - bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all Cityemployees. This Ordinance is in the best interest of the City and the affected non- bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section 1. Maximum Compensation The maximum amounts to be paid as compensation for non - bargaining employees for the City of South Bend, Indiana are hereby established asset forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi- Weekly basis. Amounts by alphabetical position are set forth, as well as the annual salary for each position. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference (a) Holidays. Holidays designated by the Board of Public Works shall govern non - bargaining employees for the calendar year 2014. The provisions of the City's Personnel Policies and Procedures Manual as it may be amended from time to time shall applyand are incorporated herein by reference. (b) Vacations. Vacation for non - bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. (c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comprehensive Maior Medical Insurance Program. The City shall maintain a comprehensive major medical insurance program that all non bargaining employees may participate in under the rules and guidelines of the plan document. All employees receive a copy of a plan document each year. (2) Short and Long Term Disability. Short and Long Term Disability shall be as set forth in the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (3) Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty ($130) per month ($65 biweekly) to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the Citys comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty ($130) payment per month thereafter. (4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($15,000) for each employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum eligibility period of sixty (60) days; and that the long -term disability program requires a minimum ninety (90) day eligibility period which must be met. (e) Hiring Bonus. The Mayor, may, at his /her discretion, offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred ($100) to four thousand dollars ($4,000). (f) Police Communication Employees. Employees working in the communications area of the Police Department will be paid stand -by beeper pay as follows: one hour of straight time pay will be paid to one employee to cover each shift each day for the one hour immediately preceding the shift change. (g) Allowances. (1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one ($1) to five hundred ($500) dollars per month. (2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one - hundred ($100) per month. (i) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who is not Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5- 10.2 -3 -1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. Q) Other Monetary Fringe Benefits. All other fringe benefits shall be asset forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time. Section III. Employee Definitions (a) Full -Time Employee. Full -time employees are those employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full -time scheduled, forty (40) hours per week, or a reduced full -time schedule of thirty-two (32) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. (b) Part-Time Employee. Part-time employees are those employees who are not assigned to a full -time status and who are scheduled to work less than the City of South Bend's full -time schedule, not to exceed one thousand forty (1040) hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits), they are not eligible for other City benefit programs with the exception of the positions listed below: All Attorneys employed in the City's Legal Department in part-time positions as well as all elected Council members, are eligible for participation in all of the Employer's Benefit Programs. Section IV. Policies and Procedures Manual Availability Two (2) copies of the City's Personnel Policies and Procedures Manual and the Family and Medical Leave Act Policy shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County-City Building, South Bend, Indiana. Section v. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Member of the Common Council OPP d �.. �•.. -+ ➢Eb G'.I $JL� 411 COUncil action On Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2013, at o'clock . M. Deputy City Clerk Approved and signed by me on the day of 2013, at O'clock .m. Mayor, City of South Bend, Indiana Flied jr, t; ' : & ; office ''M 91END, IN 1 st READING - —L3 -(1 PUBLIC FEARING 3 rd READING NOT APPROYED REFERRED SSED 120ON CouNTY -QTY BMLDJNG 227 W JEFFERSON BLVD. Sourli BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE B=,,GiEG, MAYOR PHONE 574 /235 -9216 FAx 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE September 18, 2013 Mr. Derek Dieter President, South Bend Common Council 4`h Floor, County -City Building South Bend, IN 46601 Re: 2014 Salary Ordinance for Appointed Officers and Non - Bargaining Employees of the City of South Bend Dear President Dieter: Attached is the ordinance fixing maximum salaries and wages of appointed officers and non - bargaining employees of the City of South Bend, Indiana for calendar year 2014. This ordinance will include an attachment identifying all non - bargaining employees and officers by job title with correlating salary or wage rate for 2014. At this time, the attachment is incomplete, but will be filed separately in advance of the Council's second reading of the ordinance . This ordinance also includes an explanation of benefits provided to the designated employees. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Mark Neal City Controller Filed k-� 3..___...___. trill° CLERK, 4i. Ji r.'112NU, IN 12ooN CouNTY- QTY BTALDNr 227 W JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHoNE5741235 -9216 FAX 5741235 -9928 CITY OF SOUTH BEND PETE BLnMGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE .m �_o (5L�� September 25, 2013 Mr. Derek Dieter President, South Bend Common Council 4u' Floor, County -City Building South Bend, IN 46601 Re: Bill # 53 -13 Attachment 2014 Salary Ordinance for Appointed Officers and Non - Bargaining Employees of the City of South Bend Dear President Dieter: On September 18, 2013 I filed Bill No. 53 -13, which is the ordinance fixing maximum salaries and wages of appointed officers and non - bargaining employees of the City of South Bend, Indiana for calendar year 2014. The detailed list of all covered job positions within the City along with the annual salary for each position was not included at the time of filing because it was not then complete. It is now attached hereto for incorporation by reference into Bill #53- 13. Section I. of the Ordinance (Maximum Compensation) refers specifically to this attachment. I will present this Ordinance (Bill 453 -13) with attachment at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, City Controller. i riffil".011,14 i 4 a� N. V °a. S naaaannaannnDnaaaaDnanaDDaaaaaanannnaaaaaaannanaw N N N N N N N N N N y N N N N N N N N N N N N N N N N N m m m 3 3 3 3 3 3 3 O O O O O O O O y y y' y 4i N N Gi Gi 4i f/i Vi 4i N fn' fn' Ui (n' -- .N. + +- - � 0' 3 a TmOOOOOOOOOOnOWWn� > > >' Z Z Z �LL�'o m 0 o o g ^^ -- O b O c0 'c'? 2 m m > o -pm3 eo �' 51 �Lr Q'kk maa3c�nnmmmmmm m m mm 0 0 0 0 0 0 0 0 pro ° ° °° 0 2. �. m n O O m i n a n n n a n a c. s (n 3 o S. 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AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING ORDINANCE NO. 10192 -12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT The last collective bargaining agreement between South Bend and the sworn members of the Fraternal Order of Police South Bend Lodge No. 36 was concluded in 2012 and resulted in the Common Council's passage of Ordinance No. 10192 -12 which fixed the annual pay and monetary fringe benefits of the members of the South Bend Police Department for Calendar years 2013 and 2014. This ordinance reaffirms for calendar year 2014 the annual pay and fringe benefits of sworn members of the South Bend Police Department including upper level policy making positions defined by Indiana Code Section 36- 8 -1 -12 as set forth in Ordinance No. 10192- 12. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual pay and fringe benefits for members of the South Bend Police Department including upper level policy making positions as defined at Indiana Code Section 36- 8 -1 -12 are hereby fixed and established for calendar year 2014 as set forth in Ordinance No. 10192 -12 which is incorporated herein by reference, and which is in all other ways affirmed. 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 Ot)_L/✓ ��s 4 Member of the Common Counci P. bVi1r'..}e§d3.:�°t1':ii t ". 3nd (.�aiil at� and I purcil ac�n c i Uiis issue. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2013, at —o'clock—. M. Approved and signed by me on the 'clock .m. I st READING q -z 3 —13 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Deputy City Clerk day 2013, at Mayor, City of South Bend, Indiana Filed in Clerk's Offi., ... 2013 ` t JoHf.; W; -N';Da t CITY CLERK, SOUK BEND, IN I u�1�\ . 64- � 0 J. 5 b - � Substitute Bill No. 56 -13 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10200 -12 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT On October 29, 2012, the Common Council passed Ordinance #10200 -12 which fixed the annual pay and monetary fringe benefits of firefighters of the South Bend Fire Department for calendar years 2013 and 2014. This ordinance was based upon the City's collective bargaining Agreement with the South Bend Firefighters Local No. 362 of the International Association of Firefighters AFL -CIO. In addition to adopting annual pay and fringe benefits resulting from collective bargaining, Ordinance 10200 -12 also fixed salaries for upper level policy making positions as defined at Ind. Code Section 36- 8 -1 -12, including the Fire Chief. To achieve parity between the Fire Chief and Police Chief salaries, it is necessary that Ordinance 10200 -12 be amended to increase the Fire Chief's 2014 salary. In all other ways, the 2014 annual pay and fringe benefits of the members of the South Bend Fire Department as set forth in Ordinance 10200 -12 should be affirmed. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Ordinance No. 10200 -12 at Section II (b) is hereby amended to increase the Salary Classification of the Fire Chief effective January 1, 2014 from $84,610.00 to $92,250.00. SECTION II. The annual pay and fringe benefits for all other members of the South Bend Fire Department including upper level policy making positions as defined at Indiana Code Section 36- 8 -1 -12 are hereby fixed and established for calendar year 2014 as set forth in Ordinance 10200 -12 which is incorporated herein by reference, and which is in all other ways affirmed. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 2013, at o'clock—. M. Approved and signed by me on the o'clock .m. I -i REANNG PUMOUC rd KA 5 , :i<G NOT A' i,(JVED r"FERUD. PASSED Deputy City Clerk day day of 2013, at Mayor, City of South Bend, Indiana counc,", ac, iX?. Ord i, 01) "his �"lled In kj C17Y CU, krk, 44,W i 4 "iia, iN ------------- led in 13 IN 120ON CouNTY -OTY BUILDING 227 W JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 FHoNE574/235 -9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE BU MGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE October 4, 2013 Mr. Derek Dieter President, South Bend Common Council 4`h Floor, County -City Building South Bend, IN 46601 Re: Substitute Bill No. 56 -13 Ordinance Concerning City of South Bend Fire Department Pay in 2014 Dear President Dieter: On September 18, 2013 I filed in the City Clerk's office an Ordinance in title only concerning annual pay and monetary fringe benefits for members of the South Bend Fire Department for calendar year 2014. In 2012, the Council passed Ordinance No. 10200 -12 which included 2014 pay rates for members of the Fire Department. The attached ordinance (Substitute Bill No. 56 -13) affirms all the pay rates established in the 2012 Ordinance No. 10200 -12 for members of the Fire Department's collective bargaining unit. The only change to that ordinance is the 2014 pay rate for the Fire Chief which has been increased from $84,610.00 under the prior ordinance to $92,250.00. This has been done to achieve parity with the 2014 salary of the South Bend Police Chief. I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. fsed in Clerk's ®ffit, OCT Y I �CITYCIj;Pk,Yr ..... U jN f Sincerely, ^ Mark W. Neal, City Controller In 6A PC) - ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE STATEMENT OF PURPOSE AND INTENT The City of South Bend (the City) previously permitted plastic bags to be used for collection of yard waste, although use of paper bags was preferred. With new and heightened environmental regulation at the State and federal levels, it is not permissible for the City's Organic Resource Facility to accept any plastic materials with yard waste. The City's Organic resource collection is limited solely to vegetative, biodegradable materials, and the Facility has no capability to separate plastics from organic matter. To clarify and assure that citizens of South Bend do not include plastic bags and other non - organic materials with recyclable yard waste, it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16 -8 (f) and at Chapter 16, Article 4 Sections 16 -27 and 16 -28. This Ordinance enacts those Municipal Code Amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 16, Article 2, Section 16 -8(f) of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: Sec.16 -8. Use of City- furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste. (f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility. Each owner, occupant or lessee of any single or multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. Yard waste shall not be placed in plastic bass for collection Such yard waste shall be placed in biodegradable paper bags or other containers approved by the City, and shall be segregated from any trash or garbage. Sueh yard waste shall be plaeed in­stumy plastie hags of ether rein + -ar eAllestion and segregated frem the trash a garbage. "Tree limbs and brush of a diameter of less than four (4) inches shall be bundled together in lengths of forty -eight (48) inches or less. Tree limbs and brush in excess of these dimensions or large quantities of yard waste may be scheduled for special pick up. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. Section II. Chapter 16, Article 4, Section 16 -27 of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: Sce.16 -27. Policy regarding disposal of yard waste. It is hereby stated as the policy and law of the City of South Bend that all yard waste as defined herein generated by or emanating from the City, whether from residential, commercial, industrial, institutional or governmental sources, shall not be landfilled. Such yard waste, whether collected by the City, commercial lawn services, tree services or private carriers, shall be disposed of at the City's Organic Resource Facility for recycling; provided, however, that nothing herein shall prevent any individual or company from otherwise recycling yard waste in a manner approved by the Director of the Department of Public Works. No yard waste materials will be accepted from outside the incorporated limits of the City of South Bend Indiana. Section III. Chapter 16, Article 4, Section 16 -28 of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: Sec.16 -28. Separation of yard waste from trash and garbage; tree limbs. All generators, handlers, collectors and haulers of yard waste shall handle such waste in a manner so as to assure that yard waste will not be co- mingled with trash and garbage. Yard waste may shall not be delivered to the Organic Resource Facility in plastic bags. or in leA.,;e ,.enditien. It shall be delivered either in biodegradable paper bags or in a loose condition; provided, however, that all brush and tree limbs shall be cut in lengths not to exceed forty -eight (48) inches and shall be bundled. The Organic Facility cannot process and will not accept tree limbs in excess of six (6) inches in diameter or stumps. These items may be disposed of by landfill or in any other lawful manner. Section IV. This Ordinance shall be in full force and effect from and after adoption by the Common Council and approval by the Mayor. Attest: City Clerk Member, South Bend Common Ciouncil M ? -_—' .. eil': and Coulidi acaou cr i its issue, Presented by me to the Mayor of the City of South Bend, Indiana on the - day of 2, at o'clock . M. Approved and signed by me on the o'clock —. M. FUHIG HEMN,(! NOT RIFEUED PASSED City Clerk day of 2—, at Mayor, City of South Bend, Indiana !Filed In C�oo —Off- ice -IS FEP 3 JOVIN CITY CLEAK,,ea0u—k',iE.NU, jw CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director September 3, 2013 Mr. Derek Dieter President South Bend Common Council Ms. Valerie Schey Chairman of the Utilities Committee South Bend Common Council In Re: Revision to Chapter 16 (Refuse), Articles 2 and 4 Dear President Dieter and Utilities Committee Chairman Schey, The attached ordinance is offered for Council consideration. Chapter 16 of the City of South Bend Municipal Code, which regulates yard waste management in the City, is being revised. The purpose of the revision is to prohibit yard waste from being collected and delivered to the Organic Resources Facility (ORF) in plastic bags, as required by solid waste regulations in the State of Indiana. The ORF is permitted to process vegetative waste only, and cannot accept or store non compostable materials. This revision will allow the ORF to manage and process vegetative waste in accordance with Indiana Department of Environmental Management (IDEM) rules and regulations. The ORF was recently inspected by the IDEM Office of Solid Waste and violations were noted related to the acceptance and storage of plastic bags and other non compostable materials. I will make the formal presentation to the Council and will be available should you have any questions. I can be reached at 574 - 271 -4210 or at agreek @southbendin.gov. Is 00% Sincerely, Al MN�� Greek Division Director — Environmental Services Cc: Pete Buttigieg, Mayor Matt Sikora, Director of Special Projects Kathryn Roos, Chief of Staff Eric Horvath, Director of Public Works Mark Neal, Controller Andre Price, Manager of Solid Waste Operations Filed In riF` €'ti, Office P °Q13 JO?7�4 vCaokwe CITY CLERK, SOUTH BEND, IN & � L � oz), c 3 -s ('0' RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 818 Thomas Street WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 818 Thomas Street, South Bend, IN 46601 -2537. inordertopermit Bed and Breakfast (Guest House). SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. pRCSEPdTtCi;, NOT XPOROVW 1!JC)t :4i.T Member of the Common Council +"" s to Sn �'r y 6i 111 d �� l � r -L•L•Y 114.:; 1i /� (�iUi1Gi18C1ki on Filed in Clerk's Off,,, i JOHN vuv;•Ik:JE CITY CLERK, SOUTH SEND, IN Avant! Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner@mac.com Phone: 314 - 973 -8666 Don Lindner, CEO 7/10/2013 Ref: Petition for Variance Dear Members of the Board: #1C Seeking a Special Exception for a Bed & Breakfast in a "SF2" District Please consider the proposal for the intended Avanti - Oriented Bed and Breakfast at 818 W. Thomas Street, South Bend, IN 46601 -2537, just across the street from the Studebaker National Museum entry-exit. The advantages are as follows: A It will assist in preserving the Studebaker Avanti. B It will provide enjoyment and entertainment. C It is a place to house and display my $50,000+ collection of material. D It will provide local lodging for visitors to the Studebaker National Museum /Indiana Center for History. E It offers another attraction for S. Bend visitors. (S. Bend attracts people from all over the world in many cases for the love of Studebaker and Avanti). This project will offer additional revenue to the area. F The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. This building was vacant and in disrepair for a lengthy time. I think most would agree that what has been accomplished in the last year with funds and hard work invested, is an asset to the neighborhood as well as the local community. Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. Avant! Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601.2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner @mac.com Phone: 314 - 973 -8686 Don Lindner, CEO G The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Many feel this would be a positive addition to the museum corridor. a. The property has been much improved since I purchased it. b. The property is surrounded on 3 sides by the Studebaker National Museum and Center for History and I own the rental house to the west. c. Every neighbor with whom I spoke with was happy and excited about the project. The property was overgrown in weeds, filled with trash and was an eye sore. H The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein Improvements are in keeping with the original building. The roof had severe leaks when purchased. A new roof has been installed and extensive refin- ishing of wood doors, trim, etc. was done to all original wood that was salvageable. Painting and other outside work was done to keep the integrity of the original facade. This will be an extension of the Museum District that is already there. I The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The area already has museums and residential properties. I feel it is going to be compatible with the Comprehensive Plan for the City. I have invested in the community and will continue to do so. Thank you for your consideration. Sincerely, Donald R. Lindner Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. Avanti Guest House Avanti Museum Group, LLC A Missouri registered LLC Operating the proposed Avanti oriented Guest House Facility address: 818 Thomas Street South Bend, IN 46601 -2537 Mailing address: 1447 Rose Hill Lane St. Peters, MO 63376 -3744 E -mail: dlindner @mac.com Phone: 314- 973 -8686 Don Lindner, CEO A bit about myself: A At this time, I am the only principal but have supporters, advisors and contributors of both materials and money. B The LLC is currently based and registered in Missouri. C I have never been arrested (other than getting a ticket for traffic violation). D I've never been bankrupt. E I've earned an honorable discharge from the US Air Force and Missouri Air National Guard. F I currently employ 88 people in seven child care businesses and rental property. G I've been married to the same woman, Janet V. Lindner for 50 years and 3 months. H I have been visiting S. Bend for the last 20 years. I I have 27 years of perfect attendance with the Bridgeton, MO Kiwanis Club. J I have been a member and visitor of the Studebaker National Museum almost yearly since 1993. 1 am the Founder and was the Avanti Association Memorabilia Chairman from 1998 to June 2012. K My wife and I own our own house. Don Lindner, CEO Advisory Board: Ed Meyer, Don Hart, Lew Schucart, Karen & Dale Dyer, Dale Sexton Volunteers and donors: Libby Baker, Karen& Dale Dyer, Dale Sexton, Steve Montgomery, Milt Yoder. Security: James Lawson, Andre Waddell. AvM Var 7.10.13.pages U) U) C) CD 0 CP LO co 0 0 0 co 00 fill, Lo co 00 oyo 2; 1 :0 Syr tl� MO =7: 0 C14 N 9CLZ O o Cl) C) 04 I� 990E "8 60 CD C> 99OC-81. 0 z Cl)) C6 C-4 0 �Ak nc CO U) C> F, LJO �.j �o V) U) co CN, S;17 C) m C) N _0 Lo C 4 '4* to m C) C4 CD "lzrr CD 't Co- U) Ln 0 cco U) (D 0 CD CD (D co L2 CO �a CD CD 7, �CCR) 0 o 0 I rw_ i I LZ% Ln C:) 0 Cl) a): M 699£ o C%l 00 0 0 C 9Bit — � =860 C) 4! U) U) C) CD 0 CP LO co 0 0 0 co 00 fill, Lo co 00 oyo 2; 1 :0 Syr tl� MO =7: 0 C14 N 9CLZ O o Cl) C) 04 I� 990E "8 60 CD C> 99OC-81. 0 z Cl)) C6 C-4 0 �Ak nc CO U) C> F, LJO �.j �o V) U) co CN, S;17 C) m C) N _0 Lo C 4 '4* to m C) C4 CD "lzrr CD 't Co- U) Ln 0 cco U) (D 0 CD CD (D co L2 CO �a CD CD 7, �CCR) 0 JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 177 W'. JEFFERSON BLVD.. ROOM 1110 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 16601 (571) 73S -9571 July 29, 2013 Area Board of Zoning Appeals Common Council 125 S. Lafayette, Suite 100 Attn: Janice South Bend, Indiana 46601 4t11 Floor County City Building RE: Area Board of Zoning Appeals Meeting South Bend, IN 46601 Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday. August 7, 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that. - (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Michael J. Carmichael. The staff recommends that if the variance is granted, that it be granted subject to obtaining approval for a septic system on each lot. 6. Petition of David and Diane Vernasco. The staff recommends denial of the lot size variances. Approval would create two lots that are not consistent with the intent of the Agricultural District of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. These two parcels combined are just over 17 acres, 3 acres below the minimum lot size. The petitioner's argument that the two parcels were not properly split in 1969, has no bearing or applicability relative to the three standards that need to be met for a successful variance. The immediate area around the petitioner's property is still a predominantly agricultural area (i.e. largely farmed). Further subdividing properties for non - agricultural purposes, compromises the overall intent of the agricultural pursuits of the district. The agricultural district lot standards are established to protect the farming community at large by preventing the encroachment of scatter urban -type uses. SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, 8 ROSELAND W W W.STJOSEPHCOUNTYINOIANA. 101 (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The petitioner is proposing to use an existing building with more than sufficient off street parking. The crematory will not adversely affect the other uses permitted in the Light Industrial District. (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 proposed use is consistent with the character of the surrounding district. A crematory, either by itself or in conjunction with a cemetery is a permitted use in less intense districts, like O Office District. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Although crematories are not specifically addressed by City Plan, a mix of land uses along major corridors and other locations is identified on the Future Land Use Map. The Future Land Use Map identifies the west side of the corridor along Main Street as industrial. Sincerely, Christa Nayder Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, B ROSELAND WWW.STJOSEFHCOUNTYINDIANA COM AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAx: (574) 235 -5541 August 8, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Donald Lindner /Avanti Guest House ABZA 8/7/13 Dear Council Members: The above referenced petition of Donald Lindner was legally advertised on July 21, 2013. The Area Board of Zoning Appeals gave it a public hearing on August 7, 2013, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Young and unanimously carried, the petition for Special Exception to allow a bed and breakfast in a "SF2" District, on property located at 818 Thomas Street, is sent to Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincere�ly,{�, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS LINDNER/AVANTI GUEST HOUSE FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. - CONDITIONS OR REVISIONS: - DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 7TH Day of AUGUST, 2013. YES NO 0 MICHAEL UR13ANSKI 0 RANDALL MATTHYS JACK YOUNG 0 GERALD PHIPPS 0 ROBERT HA WLEY ABSENT JOE VELLEMAN 0 BRENDAN CRUMLISH DONALD LINDNER/AVANTI GUEST HOUSE The petition of Donald Lindner /Avapti Guest House seeking a Special Exception to allow a bed and breakfast in a "SF2" District, on property located at 818 Thomas Street, Portage Township. Zoned "S172 ". MR. DONALD LINDNER: I live at 1447 Rose Hill Lane in St. Peters, Missouri and part time, half time or little more than half time at this residence at 818 Thomas Street in South Bend. And I'm proposing this variance for the use of bed and breakfast and I would be oriented to the Avanti automobile or Studebaker or direct connection that many South Bend people know about. It's been a while, the closing of Studebaker was some 50 years ago coming this December. But South Bend attracts people from all over the world. The Avanti portion produces this magazine four times a year. Very attractive. There's some 2,000 members of the Avanti Association. The Studebaker Drivers Club is one of the largest automobile clubs in the country and the world. I think it's the largest independent orphan car club in the world. And I will intend to be able to offer this lodging facility. It has six bedrooms. There's nine rooms altogether including the small entry room. But I think other issues are addressed in the documentation that was already issued. And we have some notes, maybe I forgot something. I feel that this will add to the Studebaker and museum corridor that's adjacent to me. There's museum property on four sides and the recent drawings have been updated to include the parking off the alley. And I hope you can see it and approve this variance. MR. URBANSKI: The Board will note that there was an addendum site plan because the new parking spaces will be 30 feet deep as per the Engineering Department rather than 20 foot deep because it will be easier to back out on to the alley. We also have one letter in favor of from Rebecca Bonham, we have one from Donald Hart. So we have two letters in favor. Are there any questions or comments from Board or staff? MR. PHIPPS: Mr. Lindner will you be operating this yourself? MR. LINDNER: I own the rental house next door also and in conjunction with those people on site. MR. PHIPPS: Will it be open all the time or just in connection with certain activities of the museum? MR. LINDNER: It would, I would anticipate it being available at any time. MR. PHIPPS: Are improvements to the building involved in getting this ready as a bed and breakfast? MR. LINDNER: Yes we already have three bathrooms added, two of them are half baths and one is a full bath with a tub, shower and so forth. The house needed that anyway to bring it up to current day expectations even for a single family home. But each of the six bedrooms had a walk in closet. The house is around 2,200 square feet. So the bedrooms are not large but there's, I have a plan where guests will be when they stay there they will lock their belongings in the bathroom and the bedrooms can remain as display area for other residents there that will be interested in the material that would be on the walls. So a combination mini museum and bed and breakfast, guest house. At this time we don't anticipate any cooking, that's why the term guest house is used. MR. HAWELY: Sir I noticed that you and as a former Studebaker employee, I was there for four years, I won't tell you when but it was many years ago, you mentioned in your presentation you have a $50,000 plus collection of material, this is I'm assuming for viewing if we were to stay there a night or two? MR. LINDNER: Yes, that's correct. MR. HAWLEY: What kind of collection are you talking about? MR. LINDNER: Posters, sale brochures, it just goes on and on... MR. HAWLEY: Things you have collected over the years? MR. LINDNER: That's correct. You just can't believe it. Even yet today I started my collection and came to South Bend my first time in `93 and it all started from there. MR. HAWLEY: Thank you. MR. CRUMLISH: I'd like to ask, maybe I misunderstood something here, you will not be living in this house full time? You may be there some of the time? MR. LINDNER: Yes. I am there some of the time. I am living there a little over half the time now. MR. CRUMLISH: Will there be someone else living in the house when the guests are'there? A caretaker or...? MR. LINDNER: There will be the people next door in the rental house. MR. CRUMLISH: So this is a business operation then? MR. LINDNER: Well it's combination residential and business. MR. CRUMLISH: The people that will be there will be transient lodging? I'm taking it they will spend the night but they don't live there either so they're not full time tenants? MR. LINDNER: Correct. MR. CRUMLISH: Will there be a handicap parking space in the back? MR. LINDNER: Yes. MR. CRUMLISH: Thank you. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion to send the Special Exception to the Common Council with a Favorable Recommendation and was seconded by Mr. Young. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36- 7- 4- 918.5; therefore, the petition for Special Exception was sent To the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION LLC AND DIRECTOR'S CREMATORY, LLC The petition of GM2B and Director's Crematory, LLC seeking a Special Exec on to allow a crematory in a "LI" District, on pr�perty located at 1731 S. Franklin Street, Portage Towns 'p. Zoned "LI ". MR. MARK GENDEL: My address is 1333 Erskine Manor Hill, So Bend, Indiana. I am a member of GMB2B, LLC. We're se ' ng a Special Exception on this locatio or a crematory to be installed in an existing building. The cre \torly.will not be open to the public d it would be used for funeral home use only. MR. URBANSKI: Thank I do find the inform ion you attached very interesting. Informative and interesting. MR. PHIPPS: The building that you MR. GENDEL: That is correct. MR. PHIPPS: The staff has given us used not the one up close to FranklitV, beXing is at the back of the property? and I'm assuming this is the part of the building that would be (Mr. Phipps was pointing to a picture) MR. HAWLEY: I did visit the and my pe on, very private. In fact across th street basically s location. MR. LYONS: W/*ust h the owners of the p entire property ans use because the pro property. So we h and counted up the do meet the reoui There was no one present to speak in favor of this a opinion was that there was plenty of parking and it was commercial property and it just seem like, to me, an ideal :y and verified the parking calculations with the does have some other uses on the rest of the square footage and the number of spaces and they 6 a 06, C 3-(.t RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1026 Corby Blvd. WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1026 Corby Blvd. in order to permit A Special Exception Use From Developmental Standards to install non -whip antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)I. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. aeNrev :, 4 =All r.�30.Qvi('� Member of the Common Council CITY CLFFIK, SOU-0 % t END, IN �W1 f4 vl and council ac'W, 0, CITY CLFFIK, SOU-0 % t END, IN Area Board of Zoning Appeals City of South Bend, Indiana Five Corners LLC — Petitioner 1026 Corby Blvd South Bend, IN 46617 04 September 2013 Five Corners LLC 814 Marietta Street South Bend, IN 46601 574.233.1296 August 13, 2013 Area Board of Zoning Appeals of St. Joseph County, Indiana 125 South Lafayette Blvd.; Suite 100 South Bend, IN 46601 RE: Special Exception Use from Developmental Standards 1026 Corby Boulevard South Bend, IN 46617 Township: Portage Zoning Classification: Multi -Use To the Honorable Board: Five Corners LLC is hereby applying for a Special Exception Use from Developmental Standards to install non -whip antennas on an existing structure on property owned by Five Corners LLC. The Special Exception Use from Developmental Standards is as follows: 1) Applicant proposes to install non -whip cell phone antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. The existing structure is approximately thirty five (35) feet in height above grade. Legal Description 1026 Corby Boulevard additionally described as Part of Numbered Lot One (1) as shown on the Recorded Plat of Sorin's Addition to the Town of Lowell, now a part of the City of South Bend, described as beginning at the Northeast corner of said Lot Numbered One (1) running thence West along the North line thereof a distance of thirty -eight (3 8) feet, thence South one hundred six (106) feet and nine (9) inches, thence East thirty-eight (38) feet to the East line of said Lot Numbered One (1), thence North along said East line of said lot one hundred six (106) feet and nine (9) inches to the place of beginning all within St. Joseph County, Indiana. I Project Description Five Comers LLC proposes to mount cell phone antennas which are approximately five (5) feet high and two (2) feet in diameter on top of an existing structure. Related equipment will also be installed on the existing structure. Project Location The project is in an area that is zoned multi -use. The site is adjacent to areas of high cell phone use and has access to the Metronet fiber optic network. Yours trul , � v Charles S. Hayes Managing Member Five Corners LLC GENERAL STANDARDS FOR SPECIAL EXCEPTION USES (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Special Exception Use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because the compound will be securely fenced, no dangerous materials or equipment will be used at the site, and climbing rungs on the communication equipment shall be high enough off the ground to discourage intruders. (2) The proposed use will not injure or adversely affect the use ofthe adjacent area or property values therein; The proposed project is a small addition to an existing structure located in a multi -use area. (3) 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 proposed project is located in a multi -use area that is compatible with this type of addition. The area, as is it develops, will benefit from the services that this facility will provide. (4) The proposed use is compatible with the recommendations ofthe City of South Bend Comprehensive plan. The proposed use is compatible with the recommendations of the City of South Bend City of South Bend Comprehensive Plan because it will not place demands on public services and facilities in excess of current capacity because no sewer or water or other public services are required at the site, no additional traffic will be generated, and adequate electric service is available. The facilities are necessary to further develop the existing and new wireless as well as expand the network of users of conventional fiber optic networks such as the Metronet. Table of Contents Exhibit A. Site Plan Exhibit B. Aerial View of all Properties within 300' of Property in Petition and Names and Addresses of Property Owners within 300' of Property in Petition Exhibit C. Copy of Notice to Adjacent Property Owners & Copy of Notice of Public Hearing for Publication Exhibit D. 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O O O O O 00 a0 W nJ (O DD O w M w O O N N 7 M 4] � (q V M cp O � W w m a] O w N co W O M M .- M M M M M M M M M (h � 00 r (O o M a Cl) v O) o co v O) v (3) o M (o O (0 O 00 (3) (o O 0 M 0 Cl) co n W w O N O M O O O O 19 O N O L9 O L9 O N o N O 9 L9 0 MI? 0 O M O N O L? W 00 W w w co co W co 00 W W co w O O O O O O O O I O O O O I o O O O I O I O AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 574/235 -9554 574/235 -5541 -Fax NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on Wednesday, the 4th day of September 2013 , at 1:30 p.m. in the Council Chambers on the 4s' Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by Five Comers LLC SEEKING: A. Special Exception Use from Developmental Standards to install non -whip antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. ON PROPERTY COMMONLY DESCRIBED AS: 1026 Corby Blvd., South Bend, IN 46617 Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property will not receive a copy of this notice. If you know of someone who should have received notice but didn't, please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the time of the hearing. AREA BOARD OF ZONING APPEALS i Carolyn A. Henry Secretary to the Board NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 4th day of September , 2013 , at 1:30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was filed by: Five Corners LLC SEEKING: A Special Exception Use From Developmental Standards to install non -whip antennas on an existing structure that does not exceed fifty (50) feet in height above grade as required in the Special Regulations for Wireless Telecommunications Facilities Developmental Standard 21- 08- 01(2)(C)i. on a certain real estate in St. Joseph County, Indiana. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 1026 Corby Blvd., South Bend, IN 46617 AND IS LEGALLY DESCRIBED AS FOLLOWS: Part of Numbered One (1) as shown on the Recorded Plat of Sorin's Addition to the Town of Lowell, now a part of the City of South Bend, described as beginning at the Northeast corner of said Lot Numbered One (1) running thence West along the North line thereof a distance of thirty -eight (38) feet, thence South one hundred six (106) feet and nine (9) inches, thence East thirty -eight (38) feet to the East line of said Lot Numbered One (1), thence North along said East line of said lot, one hundred six feet and nine (9) inches to the place of beginning all within St. Joseph County, Indiana. Dated this 13th day of August 2013 Area Board of Zoning Appeals BQq�_ � 00 2t? Carolyn A. IYenry Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary of the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. r + P 'f a LL W CCJ \ o I o LLJ FCC- �` G d _ Id- _ W �__ _ o � o H NJ N f LLJ Z W W _Q \F r F ��� \� w� w /� \. %. \� ■ a � ^ \� d. �� / / | /� ■ a /� /� � ^ \� d. /� /� JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD.. ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 2359571 August 26, 2013 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: Common Council Attn: Janice 4`h Floor County City Building South Bend, IN 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, September 4, 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, and, (3) The strict application of the terms of this Chapter would result in practical difffculties in the use of the property. 3. Petition of Dean & Lucille Morehouse. The staff recommends denial of the variance. In early 2012 the petitioner inquired about subdividing their property in to multiple building lots. Staff stated we would not support the request for multiple lots or multiple access points. In June 2012, the petitioner was granted a variance from the required 20 acres to 4.86 for their 1 lot subdivision. At that time Mr. Danch stated the remainder of the property would become a non - buildable lot. Approval of this request would create two lots that are not consistent with the intent of the Agricultural District of the St. Joseph County Zoning Ordinance, or in accordance with the Comprehensive Plan. Further subdividing properties for non - agricultural purposes, compromises the overall intent of the agricultural pursuits of the district. The agricultural district lot standards are established to protect the farming community at large by preventing the encroachment of scatter urban -type uses. SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W. STIOSEPHCOUNTYINDIANA.COM (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Roseland, Indiana Comprehensive Plan's future land use map has planned this area as mixed use at State Road 933, as single family residential along Pendle and as open space to the east. The extent of this development adjacent to multiple land uses should not - with the recommendations noted above - impede the orderly development and improvement to the adjacent properties. 10. Petition of Five Corners, LLC. Based on information available prior to the Board meeting, the Staff recommends that the Special Exception be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The Special Exception Use is located on an existing sign structure (billboard) that is 40' tall. If the antennas were located on a structure that was 50' tall, they would be permitted without a Special Exception. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The use is an addition accessory use compatible with the mixed use district. It should not adversely affect the future development of the adjacent area. (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 proposed use is located in a mixed use district that allows for a wide range of compatible uses. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. One of the objectives of The City of South Bend, Indiana Comprehensive Plan (November 2006) is to encourage the development of telecommunications infrastructure that enhances the City's level of communication and service. The special exception for the non -whip antennas is consistent with this objective. Furthermore, the zoning ordinance encourages the use of existing structures to accommodate telecommunication facilities. 11. Petition of Ruthane Donahue. Based on the information available prior to the Board meeting, the Staff recommends that the Special Use for group residence be sent to the County Council with an unfavorable recommendation. (1) The proposed use will be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Based on the number of residents stated in the petition as potentially occupying the home, and discussion with the Health and Fire Departments, the property is not adequately sized for the Special Use as proposed. In 2011, the petitioner received approval for a replacement septic system based on a 6 bedroom residence. In a letter received by the Penn Township Fire Department, they expressed multiple public safety concerns, including overgrowth and obstructions that would inhibit their ability to access the property in case of emergency. The County Engineering Department notes that the site does not provide adequate parking and that many of the parking spots shown are either not viable or would require backing out in to the public right -of -way. Not only do the concerns of these agencies pose a health and safety concern for the residence of the home, but those of surrounding properties as well. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA. & ROSELAND W W W. STIOSEPHCOUNTYINDIANA.COP AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 September 5, 2013 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 Five Corners, LLC ABZA 9/4/13 Dear Council Members: The above referenced petition of Five Corners, LLC was legally advertised on August 15, 2013. The Area Board of Zoning Appeals gave it a public hearing on September 4, 2013, at which time the following action was taken: Upon a motion by Mr. Phipps being seconded by Mr. Young and unanimously carried, the petition for Special Exception to allow the installation of non -whip antennas on an existing structure, on property located at 1026 Corby Blvd., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Mark A. Lyons Assistant Zoning Administrator MAL /cah SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS FIVE CORNERS, LLC FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating. from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 4TH Day of SEPTEMBER, 2013. YES NO 0 MICHAEL URBANSKI RANDALL MATTHYS O JACK YOUNG GERALD PHIPPS ABSENT ROBERT HAWLEY 0 JOE VELLEMAN O BRENDAN CRUMLISH FIVE CORNERS, LLC The petition of Five Corners, LLC seeking a Special Exception to allow the installation of non -whip antennas on an existing structure less than 50' in height, on property located at 1026 Corby Blvd., Portage Township. Zoned "MU ". MRS. KERRY WALLACE: I work for Five Corners, LLC. Our address at the office is 814 Marietta Street, South Bend. We're today to request a Special Exception for locating antennas on an existing structure that's less than 50'. Verizon Communications, Verizon Wireless Communications would like to locate their antenna on an existing structure there. And they want to increase their coverage in this particular area but most importantly for the Eddy Commons retail area is their main focus. The existing structure is a Burkhart Advertising sign for which we have a land lease and we also have an antenna lease with them that runs concurrently with each other. The equipment that's related to the antennas that's going to go on the structure are also going to be on the structure so there will not be anything on the ground there. We're going to be utilizing the services of this age of revolving internet which runs along that Eddy Street corridor. As the area develops these facilities are really going to be very, very important all the people that live, work, play there and the cars the drive through there. As well we're going to be expanding the infrastructure of the fiber optic network. We believe this is really a very small addition to an existing structure located in a multi -use area and we respectfully ask for your favorable recommendation for this petition. We thank you very much for listening to it today and if you any questions, I'm here to answer them. MR. VELLEMAN: These won't spin or anything like the other ones that we have previously so it would be detracting from like the driver's or anything? MRS. WALLACE: No. MR. VELLEMAN: How tall are these going to, the picture doesn't give me a good indication, how far above the...? MRS. WALLACE: The existing structure is 40' in height. These antennas are going to be on top of the existing structure on pipe knobs and so the total structure then will be approximately 43' in height. MR. VELLEMAN: Oh, so it's pretty reasonable. So basically everything that's already serving the billboard can serve your antennas as well too from power to everything? You're not going to have to add generators after the fact or anything like that? MRS. WALLACE: Not for which I'm aware at this point. I can't imagine it or Verizon hasn't indicated that to me. MR. URBANSKI: Is this something you'll be able to do more and more of instead of having to build more towers...? MRS. WALLACE: Yes it is. Just for high traffic areas. So it's just kind of a win -win, I think to be able to use something for a dual purpose. MR. URBANSKI: Mark, if they need to put a third one up for some reason for somebody else, do they have to come back before us again? MR. LYONS: What do you mean? 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR PHONE: 574/235 -9371 FAX: 574/235 -9021 October 9, 2013 f Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council r r 4th Floor, County City Building South Bend, IN 46601 RE: Multifamily Real Property Tax Abatement Petition for: Near Northwest Neighborhood, Inc. Dear Council Member Ferlic: On September 30, 2013 the Petitioner submitted a residential tax abatement petition for property located at 906 -910 Portage Avenue and 808 -838 Portage Avenue.. The Petitioner, Near Northwest Neighborhood, Inc. proposed to construct a multi - family development with hard costs of $8,500,000. On October 8, 2013 the petitioner submitted a revised estimate. They now will just develop the Ford site buildings but will not develop the adjacent vacant land. The project will have hard costs of $6,400,000. This will be a 42 unit project. Revised schedules showing the taxes abated and taxes paid for 3, 4, 5, or 6 years are attached for your review. A representative of the Petitioner will be available to meet with the Committee on Monday, October 14, 2013. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9375. Sincerely, cott Executive Director, Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Brock Zeeb Chris Fielding Dave Relos ,Hari in Clerk'S 14O- JOHN! vo' F;nv- CITY Gt 'K zlf2IIT t Oyu, It' ASSISTANT EXECUTIVE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHRISFIELDING JITIN KAIN PAMELA C. MEYER BROCKZEEB Kathy Hahn From: Nick Surak <nsurak @englewoodgroup.com> Sent: Tuesday, October 08, 2013 4:37 PM To: Kathy Hahn Cc: 'Karen Ainsley' Subject: Ford Building Tax Abatement Kathy, I wanted to let you know that we have altered the project's size and will now just be redeveloping the Ford Building site rather than the vacant land as well. Accordingly, I wanted to get you revised project costs and estimates of assessed value for the tax abatement process. This will now be a 42 unit project, with a total cost of $8.2M ($6.4M in hard costs). Based on a revised NOI with an 8% capitalization rate, we estimate the assessed value of the site will be $762,363, and applying the 2% cap on residential property the tax bill will be $15,247 annually. Please call me with any questions.. Thanks! Nick ` "PLEAS1? NOTE, MY NE AV E MAIL ADDRESS: nsurakC�cnklcwood,roun.com "" Nick Surak Fnglcwood Dc%clopmcn( Comp:mN 860 F'. 86111 Street, Suitc ,5 P.O. Box 10.518 Indianapolis, Indiana 16210 (31 7) 81,4 -5111 G 3 17) 8 16 -1.55 2 F, \ X nna��.cnrlcwoodarouu.com Cl) o M 0 0 0 0 0 x I N V O M M O N N M N O t00 M O z~ d N- O V O } W °V N N O O N O n N O N O M V n O N N N 0 .- N O (`� d) N � V , N M 0 o o N m`m °o °o °o °o °LO 0) Xa O (O M O V W N ~ ~I ��� or O } O N CO O 1� 0 N M r O W t m N � .V- M Q N d7 1 O W E N O M7NN t[i r M L6 M N 0 0 0 o W O O N O O O O O M O O� M O O M N Cl N (O d' c Z N I a V"t � * 'IT co r O :3 M a M d'C'M r O) N N N tM0 aai CO ui 16 U .0. 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VELLEMAN: These are specifically for Verizon. If Sprint wanted something would they have to come back? Area Plan you have some comments on this? MRS. SMITH: It's been noted that Area Plan recommends that this be sent with a Favorable Recommendation. It's one of those weird things in that the ordinance tries to encourage co- habitation and if they were a 50' building they would be able to go up just fine, but because it's 40' billboard they have to seek a Special Exception. MR. VELLEMAN: You know what's going to happen, everyone is going to go by that billboard and say "what are those things for ?" IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion to send the Special Exception the City of South Bend Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Young. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36- 7- 4- 918.5; therefore, the petition was sent to the City of South Bend Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the City of South Bend Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR SPECIAL EXCEPTION SE. 4T TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 736 CALIFORNIA, 908 -910, 906, PORTAGE AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR NEAR NORTHWEST NEIGHBORHOOD, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 908 -910 Portage Avenue, 906 Portage Avenue, and 736 California, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 113, # 114, # 115 and Lot # 112 of the Plat of "Shetterley Place 3`d Plat" now a part of the City of South Bend as recorded in Plat Book # 5, on Page # 60 in the records of the St. Joseph County, Indiana Recorder's office, excepting the East 35 feet of said Lot # 112, Lot "A ", Lot # 33 of the Plat of "Shetterley Place 2 "d Plat" to the City of South Bend as recorded in Plat Book # 5 on Page # 44 in the records of said Recorder's office. Containing 0.96 acres more or less. Subject to all legal highways, easements and restrictions of record. and which has Key Numbers 018 -1060 -2535, 018 - 1060 -2536 and 018 - 1062 -2658, at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et seg., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et SeMc ., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to six years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. NlLU �C7 APPR�YF` Member of the Common Council �[Uy f .J �J L 'r " .d Ps0Ua, :=iced in Clerk's' 641C., F i �?4 .E J AN CITY CLERK, apti'f m 5END, w RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 736 CALIFORNIA, 908 -910, 9069 838,836-8349 824 -8269 812, and 808 PORTAGE AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR NEAR NORTHWEST NEIGHBORHOOD, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 908 -910 Portage Avenue, 906 Portage Avenue, 736 California, 838 Portage Avenue, 836 -834 Portage Avenue, 824 -826 Portage Avenue, 812 Portage Avenue, and 808 Portage Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 113, # 114, # 115 and Lot # 112 of the Plat of "Shetterley Place 3`d Plat" now a part of the City of South Bend as recorded in Plat Book # 5, on Page # 60 in the records of the St. Joseph County, Indiana Recorder's office, excepting the East 35 feet of said Lot # 112, Lot "A", Lot # 33, all of Lots # 34, Lot # 35, Lot # 36, Lot # 37 of the Plat of "Shetterley Place 2 "d Plat" to the City of South Bend as recorded in Plat Book # 5 on Page # 44 in the records of said Recorder's office, and Lot # 7 of the Plat of "C.E. Smith's Subdivision of Lots Numbered 38, 39,40 & 41 of Shetterley Place 2nd Plat, addition to the City of South Bend: as recorded in Plat Book # 10 on Page # 10 in the records of said Recorder's office. Containing 1.76 acres more or less. and which has Key Numbers 018 - 1060 -2535, 018 -1060 -2536, 018 - 1062 -2658, 018- 1059 -2488, 018 -1059 -2489, 018 -1059 -2491, 018 - 1059 -2492, and 018 - 1059 -2505 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1- 12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sue., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et sue., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to six years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. "r�IESKNt4v 1 @�T. APPRGY[t? 'nom 0 -1) VA,,- Member of the Common Counci y�6ii�yli Cvu.:1 ri: �u:ij w��Fae o.•�SGiF its f �':r013 i _ ewe +1:� i.EY ➢i END, IN 227 W. JEFFERSON BOULEVARD SuiTF 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR October 1, 2013 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Multifamily Real Property Tax Abatement Petition for: Near Northwest Neighborhood, Inc. Dear Council Member Ferlic: PHONE: 574 /235 -9371 FAX: 574/235 -9021 Please find attached the Department of Community Investment's report on a commercial real property tax abatement petition from the above - referenced Petitioner for property located at 906 -910 Portage Avenue and 808 -838 Portage Avenue.. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Near Northwest Neighborhood, Inc. proposes to construct a multi - family development with hard costs of $8,500,000.. A representative of the Petitioner will be available to meet with the Committee on Monday, October 14, 2013. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9278. Sincerely, cA �,lai4� Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Dave Relos ASSISTANT EXECUTNE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCES CHRIS FIFL DING JITIN KAIN PAMELA C. MEYER BROCK ZEEB 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SourH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574/235 -9371 FAX: 574/235 -9021 SUBJECT: MULTIFAMILY REAL PROPERTY TAX ABATEMENT PETITION FOR: Near Northwest Neighborhood, Inc. DATE: October 1, 2013 On September 30, 2013 , a petition for residential tax abatement consideration for real property located at 906 -910 Portage Avenue and 808 -838 Portage Avenue was filed with the City Clerk by Near Northwest Neighborhood, Inc.. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Near Northwest Neighborhood, Inc. will be the General Partner and the owner ofthe land. Currently 906- 910 Portage Avenue is owned by the Ford family and vacant land at 808 -838 Portage Avenue is owned by the City of South Bend. The proposed project called Avenue's Edge would consist of an adaptive reuse and new construction component of the two adjacent sites. The site known as the Ford building, which consists of multiple buildings facing Portage Avenue along with various additions to the alley side of the building, is a blighted commercial site that has not been in productive use for years. The owners have failed to pay the property taxes for at least five years. As a result, the site was put up for tax sale by St Joseph County but there were no bidders and the owner does not plan to redeem the property which owes more than $100,000 in back taxes. The St. Joseph County Commissioners subsequently voted to transfer the property to Near Northwest Neighborhood, Inc. (NNN) for redevelopment. The adjacent site is currently vacant that was formerly q shopping center before being taken by the City of South Bend and razed for future development. The proposed project will adaptively reuse the three primary buildings at ASSISTANT EXECUTIVE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMICRFSOURCES CHRISF)EIDING JIITIN KAIN PAMEIA C. MEYER BROCKZEEB South Bend Common Council Near Northwest Neighborhood, Inc. October 1, 2013 Page 2 the Ford Building site fronting Portage Avenue, and then add new construction on a portion of that site as well as the former shopping center location. A commercial bay of approximately 1,500 square feet will be included in the project as well. The project would add 65 units of affordable housing to the neighborhood, all available to those whose income at initial occupancy is at or below 60% area median income. The bedroom mix would be predominately I bedrooms (41 total) with the balance being 2 bedroom units (24 total). The property will provide on -site laundry rooms at both locations, a full -time on -site property manager, a community room, exercise room, and secured indoor bicycle storage. The application for rental housing tax credits and future development is a partnership between NNN and Englewood Development Company, Inc's affiliate for Indiana tax credit development, Housing Directions LLC. NNN would be the 100% owner of the general partnership. Total hard costs for the project are estimated at approximately $8.4 million and total project costs will run to $10.9 million. NNN does not have information regarding their contractors at this time. That information will be provided to the Common Council on the date set for receiving the confirming resolution. The term of the tax abatement will be set at that time. Based on current estimates, they will qualify for a three year to a six year abatement. Total taxes to be abated during the (3) three -year abatement period are estimated at $405,536. Total taxes to be amid during the (3) three -year abatement period are estimated at $423,062. Total taxes to be abated with a six year abatement are $693,698 and total taxes paid with a six year abatement are $963,497. Per the petition, the project will create one permanent full -time and one permanent part-time job within the first year representing a new annual payroll of $45,000 and will maintain zero existing permanent full - time and zero existing part -time jobs. South Bend Common Council Near Northwest Neighborhood, Inc. October 1, 2013 Page 3 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been associated with or granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a three to six year real property tax abatement under Section 2 -77, Multi - Family Residential Developments. 0 o N m M O) It Cl) N X a N h M N M@ 0 0 t 0 N O O) n V N r Z O ~ l 0 M r O y+ M O M O N O N Cl) N N O) a N CO � O V 'IT W N O � 0O N N M Q Cl) l) O N M N M N t0 N N N N N C r N O c N 0 0 0 0 O M O M m V O (O @ t0 Cl) O t0 W O N (O t0 (Np N M O O r 0 W NM O 7 V N 00 .- N r V (0 Q O N O (6 C6 N N N L6 r N N N r V N 0 0 M O O 0 0 0 0 O O M M ON N N N (p N x N N W W O O } W L6 L6 W O T N N O m E O O O LO W 3 M N N M N N M N C, N N O O) N N N m Z3 C6 n n U C x U L N � N O N J @ (`') O M '- W r N O) Z 'p N N r N N N W X > d M �0 N >.�MN O N t0 t0 m r O -It a H N N N O @ R% m (O0 N M�N N N NN N N ? x .. ya m O O N M N O N C O N H N X @ 06 - MO 7 V 0 N l6 O)Om t` w p U �j c0 N O OJ N M ..` (n a a M M N W C N Im CO N C .. 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Q Q y d Z d F Z m U O U L E Q c Q Q m E y= 00 Q CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to LC.. 6 -1.1- 12.1 -1, et seo., and South Bend Municipal Code Sec. 2 -76 et_ sea., for this petition state the following: Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a_general statement as to the importance of the project to your business: Land Size V acres; Building Size otc sq.ft. Describe the overall nature of the business and of the operations occurring at the Property (Please attach an additional sheet if more space is needed): 3. Estimate the dollar value of the project (excluding land): $ '. S 1.161✓ . 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement is: $ (This information may be obtained from the St. Joseph County 9557.) Assessor's Office 235- 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned >be owne y the following individual(s) or corporation(s) (if the business organiza ion is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTER ST ( %) T -�- -t- (Rev 5/13/11) (b) The following other person(s) or corporation(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST( %) 6. The commonly known address of the Property is: ya Ss - � � c, The Key Number(s) of said property is: See 0)xt1< )� A legal description of the above address is attached hereto, marked "Exhibit A," and incorporated herein. A map and /or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The REAL property where the proposed redevelopment or rehabilitation project will be carried out is located in the following Allocation Area, if any, drr lared and confirmed by the South Bend Redevelopment Commission: 12. The redevelopment or rehabilitation project itself will: (a) create / full -time and permanent, permanent, part -time jobs within the first year, representing a new annual payroll of $ S C) ; and (b) maintain NPexistin permanent, full -time and existing, g, P manent —_ g, permanent, part -time jobs (including existing, permanent, full -time, minority employment of /V ; workers and existing, perma- nent, pa time, minority employment of J'_�workers) with a total annual payroll of $ N g for all existing employees. 13. Provide current wage information for existing employees including: base rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions and Production bonuses, on -call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements. Full -Time Part-Time Laborers Technical Managerial Administrative / "l p Q.y t 5-�1 Y� n ipl oVvo_e e + (Rev 5/13/11) 14. The projected annual salary for each new position estimated to be as follows (Please attach addition needed): POSITION (Indicate Full Time [FT] or Part Time [PT]) indicated in item 12 above is al sheet (s) if more space is WAGE 15. Indicate whether your company provides the following benefits (use Y /N): _4Health Care Benefits — Pension Plan N Employer Provided Training (recognized or certified training /educational courses or programs) L/ Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) Employer- Assisted Housing Program (provide an employer- assisted home ownership program) Al Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community & Economic Development Department that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PEfiSONAL PROPERTY TAXES 2110"7 J11-el ' -AO r_ (This information may be obtained from the St. Joseph County Treasurer's office 235 -9531) (Rev 5/13/11) 17. Please list the number of full -time and part-time minority employees for each of the last three years: PIP 47 i,\o e{,,p)o, w, t{ S14-e- Year Black Hispanic Asian Indian Other Full Part Full Part Full Part 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: 19. Indicate whether or not your project will finance any of the following activities (If desired, please contact the Community & Economic Development Department 235 -9335 for additional information on this section): L Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. All) Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b) designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0/13) or Significant (S/12 or S/11) in the most recent Historic Preservation county- wide survey. NO Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department. vo Cleaning up a "Brownfield," which is any site, building, facility or complex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (Phase attach additional sheet (s) if more space is needed): (Rev 5/13/11) 4 21. Will your project achieve one or more physical elements identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. 22. Does your business provide significant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar Public amenity)? If yes, please explain. ,. 23. Is your company incurring any of the costs of extension or over - sizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (Please attach additional sheet (s) if more space is needed): 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owner's signature at the end of this application is verification of this statement). 27. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would a classified, by number and description is: �, would 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed roject would be classified, by number and descriQtion is: IM , 29. The current use of the Property is vac and the current zoning is — A-13 I M,�� -AThis information may be obtained from the Building Department 235- 9554). (Rev 5/13/11) 30. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and /or personal property), term and date of approval. (Please attach additional sheet(s) if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL 31. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. /vw �c� &(-0'4,S 32. The following person(s) should be contacted as Petitioner's primary agent(s) regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full council meetings of the South Bend Common Council: Name: m N Address: / City, State, Zip: So. u4- Telephone: S_'71/- -2 <-y s z E -mail address: 1,i t, cJi ✓PSri /o 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2 -83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northern Indiana (WNI) or its successor agency for employee recruitment, and sign the required WNI form attached to the petition. Name: Address: City, State, Zip: Telephone: _ E -mail Address: (Rev 5/13/11) WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of south Bend has been paid in full. (Rev 5113111) Name of Property Owner(s): By (Signed Name) to ,2n L Foyo C' (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) Filed !n Cleek's CITY CLERK, SOUTH Ret4o. IN WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): LIM (Rev 5/13/11) ' (Signed Name) (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) "Ile �P�' ...- C r^ Co rp i, corvN�e,_.. 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A) CD r o m -- ._ City CLPRh oz, CD 0 CD o South Bend Tax Abatement Ordinance Overview Procedures and General Standards — Abatement in Tiers South Bend's Abatement Program is a program which awards a base level of abatement for any project that meets certain minimum level development standards. Additional years of abatement may be added to this base for projects involving the development or rehabilitation of commercial real property listed in the following table provided the project fosters certain economic development and other public benefits. Base Abatement Base Abatements may be awarded according to the following schedule: Development Area New Ri Constr. Multi - Famil EDTA $1,000,000 $251 Sin le Famil Cit -wide An Office CBD 15,000 sf 5,C Office EBDA, TAIA 7,500sf 5,0 Retail CBD, EBDA, TAIA An Retail UEZ n Mixed Use CBD 15,000 sf 5,01 Mixed Use EBDA 7,500 sf 5,01 Institutional CBD, EBDA, UEZ An Hotel /Motel CBD, EBDA, AEDA 20 rooms Industrial it -wide 10,000 sf 10,0( Industrial UEZ, RBA An Warehouse Cit -wide 25,000 sf 25,0( Warehouse EDTA, UEZ, RBA An Personal Property City -wide Any K E ui . & Machine Definitions of Area Abbreviations Airport Economic Development Area East Bank Development Area Redevelopment Blighted Area Urban Enterprise Zone Additional Base Abatement Criteria Add- I Base On? Yrs n.a.l No sf I Yes 1 Yes sf Yes sf Yes n Yes Yes Yes Yes [one I No Central Business District Economic Development Target Area Tax Abatement Impact Area The project must be perceived to generate a ten -year financial return (in taxes, fees, pmts, community econ & social benefits...) sufficient to justify the City's direct investment in infrastructure support. A Memorandum of Agreement is executed which speaks to: • The conditions of the abatement • The timeframe for actions o An agreement to respond to surveys related to compliance (Rev. 5113111) South Bend Tax Abatement Ordinance • An agreement to grant access related to compliance inspections • Any events that might cause termination or payback actions The applicant must be current in their taxes. There must be no pattern of local, state or federal law or regulatory violations. Add -On Abatement One to seven additional years abatement may be considered for projects involving certain commercial real property (listed above) that achieve Public Benefit Points described in the following tables: Table I Project Related Actions Points Redevelop a site which has special needs such as converting a commercial 49 building to residential use, rehabilitating and reusing an historic building, rehabilitating and reusing a property that has been designated a "problem property" by the Community and Economic Development Department, or a in the cost of cleaning u a Brownfield. Develop a product or business based on licensing intellectual property arising 35 from research conducted at a universi in St. Jose h Coun Achieve one or more physical elements identified in a development or 36 revitalization plan that has been approved by the Common Council. Super -Size Development Actions (For exceeding the minimum hard $ costs or s . footage required to meet base year criteria ) Cumulative! 100 to 199% 25 200 to 299% 68 300 to 399% 65 400% and over 52 Construction Related Actions Employ local companies for at least 75% of construction work(of that which is 20 reasonabl available local] Purchase 75% of materials local] (of that which is reasonably available local] 20 100% of construction workers are em to ees (not Inde endent Contractors ) 19 Pay 100% of the wage that the US Dept. of Labor has determined to be 22 prevailing in St. Joseph County. Published on the Davis -Bacon website at h : / /www.access. o. ov /davis.bacorV. All contractors must contribute to a health plan. All contractors must contribute to a retirement plan. 22 Contractors must maintain an Affirmative Action Plan. 18 1„ wage & tsenetlt Related Actions of Applicant Pay average of 100% of mean hourly wage reported by the Bureau of Labor 33 Statistics in its most recent Metropolitan Area Occupational Employment Annual Wage Estimates for South Bend Indiana Metropolitan Statistical Area. (Rev. 5113111) 2 South Bend Tax Abatement Ordinance Contribute toward health plan =educational 4 Contribute to pension or retirement lan 34 Provide training to employees which consists of certifie28 courses or ro ams conducted within or outside the laProvide or contribute to cost of child da care 15 Provide Transportation Assistance to lower income emp14 nnhl ;r tranennMaf:n« ....L..:AL_� ___�n• _ , Workforce Related Actions of A licant Create a specified number of new inhc 42 rviaimam or estaonsh an Affirmative Action Plan 35 Provide targeted hiring preference for residents of Census Tracts designated by 34 the Community & Economic Dev. Dept. that have the highest unemployment or the highest percentage of low and moderate Pay for extending or over sizing municipal infrastructure including water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, and traffic control and related public improvements. Over sizing (cumulative ) 14 Pa 26 to 50% of extension (cumulative) Pay for 51 to 75% of extension (cumulative) 26 26 Pay for 76 to 100% of extension (cumulative) 52 Support a Municipal Facility Provide significant financial support to a municipally owned facility such as a 84 park, recreation, cultural arts or entertainment far;l;t�. Public Benefit Points and thresholds for Additional Abatement Years The following points must be achieved to earn consideration for each additional year of abatement. Table Il - Multifamily Development Projects (Rev. 5113111) 3 South Bend Tax Abatement Ordinance Table III - All Other Development Projects From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 & over 7 Additional Requirements All petitioners seeking real property tax abatement for industrial or warehousing developments must agree to work with Workforce Development Services of St. Joseph County or its successor agency when developing plans and recruiting for employment positions created. (Rev. 5/13111) 4 icited istPe;. ... ;, CITY CLERK, SOtI N l;,s,nm �; ; EXHIBIT A That part of the Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 113, # 114, # 115 and Lot # 112 of the Plat of "Shetterley Place 3`d Plat" now a part of the City of South Bend as recorded in Plat Book # 5, on Page # 60 in the records of the St. Joseph County, Indiana Recorder's office, excepting the East 35 feet of said Lot # 112, Lot "A ", Lot # 33, all of Lots # 34, Lot # 35, Lot # 36, Lot # 37 of the Plat of "Shetterley Place 2 "d Plat" to the City of South Bend as recorded in Plat Book # 5 on Page # 44 in the records of said Recorder's office, and Lot # 7 of the Plat of "C.E. Smith's Subdivision of Lots Numbered 38, 39, 40 & 41 of Shetterley Place 2 "d Plat, addition to the City of South Bend: as recorded in Plat Book # 10 on Page # 10 in the records of said Recorder's office. Containing 1.76 acres more or less. Brief Narrative /Proiect Description The proposed project — Avenue's Edge - would consist of an adaptive reuse and new construction component of two adjacent sites on Portage Avenue. The site known as the Ford Building, which consists of multiple building facing Portage Avenue along with various additions to the alley side of the property, is a blighted commercial site that has not been in productive use for years and the owners have failed to pay property taxes in full for at least five years. As a result, the site was put up for tax sale by St. Joseph County, but there were no takers and the owner does not plan to redeem the property, which owes more than $100,000 in back property taxes. The St. Joseph County Commissioners subsequently voted to transfer the property to Near Northwest Neighborhood, Inc. (NNN) for redevelopment. The adjacent site is currently vacant land that was formerly a shopping center before being taken by the City of South Bend and razed for future redevelopment. The proposed project will adaptively reuse the three primary buildings at the Ford Building site fronting Portage Avenue, and add new construction on a portion of that site as well as the former shopping center location. A commercial bay of approximately 1,500 square feet will be included in the project as well. This project would add 65 units of affordable housing to the neighborhood, all available to those whose income at initial occupancy is at or below 60% area median income. The bedroom mix would be predominantly 1 bedrooms (41 total) with the balance being 2 bedroom units (24 total). The property will provide on -site laundry rooms in both locations, a full -time on -site property manager, a community room, exercise room, and secured indoor bicycle storage. The application for rental housing tax credits and future development is a partnership between NNN and Englewood Development Company, Inc2s affiliate for Indiana tax credit development, Housing Directions, LLC. NNN would be 100% owner of the general partnership. Total hard costs for this project are estimated at approximately $8.4 million and total Project costs will ran to $10.9 million. rn I I , I J;+ - I Lk �v Z STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS e state Form 51767 (R4 / 2 -13) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): 10 Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4) ❑ Residentially distressed area (IC 6 -1.1- 12.1 -4.1) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area pnorto the public hearing if fire (Iesignabng body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be Projects "plannedorcomm� body tl oa(teru /y I, 987,andareasd s "gnaodtefterJuly /pro rtrequire o a STATEMENT OF BENEFITS. (/C 6-1.1-12. 1) 2. Approval of the BEFORE a deduction (City Council, Town Boar, County Council, etc.) must be obtained prior to Initiation of the redeveopment or rehabilitation, BEFORE a deduMlon may be approved. 3. To obtain a deduction, a Form 32ZRE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty (30) days after the assessment notice is mailed to the property ownerif itwas mailed atterAph/ 10. If the property owner misses the May 10 deadline in the inihel year of occupation, he can apply between March f and May 10 of a subsequent year 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- 1A7ea/ Pmperty annually to the application o show compliance with the Statement of Benefits. 11C 6- 1.1- 12.1- 5.1(b) and IC 6- 1.1-12.1 - 5.36)). 5. The schedu les established under /C6 -1.1- 12.1 -4(d) for rehabilitated property apply to any economic revitalization areas designatedafter June 30, 2000, unless an a/temative deduction schedule is adopted by the designating body (IC 6 -1.1- 12.1 -17). The schedules effective prior to July 1, 2000. shall continue to apply to economic revitalization areas desionared her m r,m, 4 onnn Page 1 of 2 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1). The first North /South Alley East of Georgians Street, West of Burns Street running North from the first East -West Alley South for a distance of approximately 54.5 feet to of Napoleon Street Of point. . its' 2). The first North /South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its' termination point. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana. COG-e Section 36- 7 -3 -12, the Common Council is authority charged with the y 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: 1) - The first North /South Alley East of Georgians Street, West of Burns Street running North from the first East -West Alley South of Napoleon Street for a distance of approximately 54.5 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. 2). The first North /South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, office of the recorder of St. Joseph County, Indiana, in the hereby determines that it is 3esirable to vacate said property. SECTION II. The City of South Bend hereby reserves easements of all utilities and the Municipal the rights and 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, are released by the individual utilities. unless such rights SECTION III. The following property may be injuriously or beneficially affected by such vacating; Lot 7 71 " "Hartman f fi Miller's P Plat Lot 7 72 " "Hartman S S T Lot 74 "Hartman & Miller's Plat Lot 107 "Hartman 6 Miller's Plat Lot 108 "Hartman & Miller's Plat Lot 109 "Hartman S Miller's Plat Lot 110 "Hartman s Miller's Plat Unplatted land Tax' Key Number 018 -5100 -3528 Tax Key Number 018 -5100 -3557 Tax Key Number 018 -5100 -3526 Tax Key Number 018 -5100 -3527 Tax Key Number 018 -5100 -3530 Tax Key Number 018 - 5102 -3579 SECTION IV. The purpose of allow for the vacation of the real property is to the development of the property on the south side of Napoleon Street into single - family attached townhomes. 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. Attest: Member of the Common Co it City Clerk L3'u!'idA, &G„ -? Presented by me to the Mayor of the day of City of South Bend, Indiana on the 2013, at O'clock M. City Clerk Approved and signed by me on the o'clock M. day of MAYOR, CITY OF SOUTH BEND, INDIANA PUDUC NEA7;11,JG REFERRED PASSED 2013, at :led in Clet'W;� #_ ESP ��51 JQ£ k CITY CLE3€!., PETITION TO VACATE PUBLIC ALLEYS AND STREET RIGHTS -OF -WAY TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: August 2, 2013 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: Alley Le ala- 1). The first North /South Alley East Street running North of Georgians Street, West of Burns from the first East -West Alley South of Napoleon Street for a distance of approximately 54.5 feet to its termination Point- All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. 2). The first North /South Alley East of Burns Street, West Of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. University of Notre Dame Du Lac 725 Grace Hall Notre Dame, Indiana 46556 47 , For the University of Notre Dame Du Lac Lot 71 "Hartman & Miller's Plat Lot 72 "Hartman & Miller's Plat Lot 73 "Hartman & Miller's Plat Lot 74 "Hartman & Miller's Plat Lot 107 "Hartman & Miller's Plat Lot 108 "Hartman & Miller's Plat Lot 109 "Hartman & Miller's Plat Lot 110 "Hartman & Miller's Plat Unplatted land Tax Key Number 018 -5101 -3557 Tax Key Number 018 -5101 -3556 Tax Key Number 018 -5100 -3525 Tax Key Number 018 -5100 -3528 Tax Key Number 018 -5100 -3529 Tax Key Number 018 -5100 -3526 Tax Key Number 018- 5100 -3527 Tax Key Number 018 -5100 -3530 Tax Key Number 018 -5102 -3579 CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, IANA (574) 235 -922 '�`� �P4 e!)'k' Office t rJ13 Y CITY CLERK at3EE Y �irPt b, !F? Allevls; 1). The first North /South Alley East of Georgians Street, West of Burns street running North from the first East -West Alley South of Napoleon Street for a distance of approximately 54.5 feet to its termination point. All situated in the "Hartman and Miller's Plat", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. 2). The first North /South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. riled ire CITY CLERK, k::i T r{ BENID, IN '^ " -ra rnsr uvpe ranssl pp: •ppa::p LOT3 SLOT �4C x - L �R 'a i I '< f ! LOT a NAPOLEON - LWiE @C� 196 �9 rki j F; "M9 -- - -- . — V 15 T STREET c1TYC .rc �_ -- ,)- x'•!('.0,11' VACATION DIAGRAM '^ " -ra rnsr uvpe ranssl pp: •ppa::p LOT3 SLOT �4C x - L �R 'a i I '< f ! LOT a NAPOLEON - ------ "M9 -- - -- . — T STREET a: 01e- 5102 -3579 wI 1 _ — 018 - 5102 -3579 \ 0 �. pd0�9ep - tr %es5 p 1�w � �' -- r IL'F�w! A. • iM �1 VK PL. 9e �p�� e w E:. 'lOi' 11 L T314 �- EXISTING PUBLIC ALLEY ,y M °7 - EXISTING PUBLIC ALLEY A $ LOT 1 v LOT 20 loe.ce o IlR@ ..new•....' S I L0T 21 ' LOT 31 1 SBPy Ie W g v 8 $ LOT 19 C $ o ° s ePSO•m• w kmpr.... s ePSOte• LOT,2. ... + ne.w• $ I - I LOT 22 e h W .: i wie w s ePSa le w' LOT 30 A $� LOT 18 s evm•le• v ........ . I�� . . LOT. 8 99 ne.oq• LOT 23 I eP 1 LOT 17 I s• ..... ... LOT. 4.... x ePSp•1e• r ••.. ^. I i y I LOT 24 <: .11 �_. ee L.. 0. LOT 29 L"T 79I LOT 25 LOT LOT Alley Lecals• 1). The first North/South Alley East of Georgians Street, West of Burns Street running North from the first East -West Alley South of Napoleon Street for a distance of point. All situated in approximately 54.5 feet to its, termination Plat Book Page 29, the "Hartman and Miller's Plat ", Recorded in County, Indiana. in the office of the recorder of St. Joseph 2). The first North/South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. _ Seale 1 ^_la0• Daft' artier & s0actates Inc, Land Surveyors • Professional Engineers Landscape Architects- Land Planners Office: (574)234 -4003 / (800)594 -4003 1 1643 Commerce 01— Gex: (579)2]4 -4119 ••^'- Sou16 Bend, IN 46628 / O aP,e.gnl tie mw University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5100 3528 Place Builders Inc 1620 N Ironwood Dr South Bend, IN. 46635 Tax Key # 018 5100 3537 Century Builders Inc 229 Red Coach Dr Ste. 104 Mishawaka, IN. 46545 Tax Key # 018 5101 3560 Austin Cabello 1122 Burns Ave South Bend, IN. 46617 Tax Key* 018 5100 3535 Johnnie Johnson 1124 N Eddy South Bend, IN, 46617 Tax Key # 018 5101 3555 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5101 3561 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5123 439202 Gavin Ferlic 1109 Duey South Bend, IN. 46617 Tax Key # 018 5100 3539 Larry & Melanie Rhodes 6009 Boxwood South Bend, IN. 46614 Tax Key # 023 1018 03162 Property Owners Within 150 Feet University of Notre Dame Du Lac 725 Grace Hall Century Builders Inc Notre Dame, Hall 46556 229 Red Coach Dr Ste. 104 Mishawaka, IN. Tax Key # 018 5100 3527 101 3 Tax Key # 018 5101 3566 Beverly Bradley & Margaret Bradley 1123 Burns St Melissa Richey South Bend, IN. 46617 1127 Burns South Bend, Tax Key # 018 5100 3534 Tax Key # 018 8 5100 100 3531 University of Notre Dame Du Lac 725 Grace Hail Northeast Neighborhood Notre Dame, IN. 46556 Revitalization Tax Key # 018 5101 355801 803 nWay W Tax Key # 018 5101 3556 South h Bend, IN. 46616 Tax Kav # n1R 51nn 3538 Roger & Leslie Alford Flied in CkP4,C S Offiec 1126 Burns Devon Builders LLC South Bend, IN. 46617 17871 State Rd 23 Tax Key # 018 5100 3532 South Bend, IN. 46635 Tax Key # 018 5100 3533 University of Notre Dame Dulac 725 Grace Hall University of Notre Dame Dulac Notre Dame, IN. 46556 725 Grace Hall Notre Dame, IN. Tax Key # 018 5100 3530 Tax Key # 018 5 5100 00 35 3525 University of Notre Dame Du Lac 725 Grace Hail Johnnie Johnson Notre Dame, IN. 46556 1124 N Eddy South Bend, Tax Key # 018 5100 3526 101 3 Tax Key # 018 8 5101 3558 University of Notre Dame Du Lac 725 Grace Hall University Hall Dame Du Lac Notre Dame, IN. 46556 Not Grace , I Tax Key # 018 5101 3557 Notre Dame, 5 00 35 Tax Key # 018 5100 3529 University of Notre Dame Du Lac 725 Grace Hall University of Notre Dame Du Lac Notre Dame, IN. 46556 Grace Hall H Tax Key # 018 5101 3556 N Not Notre Dame, IN. 46556 Iax.Keyl 0.1.8..51.02357907... Flied in CkP4,C S Offiec Highlineus ....... PO Box 6397 South Bend, IN. 46660 Tax Key # 018 5102 357941 GiTY cE.Ffil'W '`st+i. L*14 Danch, Earner & Associates, inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Land Surveyors m Professional Engineers Landscape Architects m Land Planners August 2, 2013 Honorable Members of the City of South Bend Common Council 401 Floor County -City Building South Bend, Indiana 46601 RE: Vacation Petition for the Alleys are described as: 1) . The first North /South Alley East. of Georgiana Street, West Of Burns Street running North from the first East -West Alley South for a distance Of Napoleon Street of approximately 54.5 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. Avenue The first North /South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. Dear Council Members: Our clients, the University of Notre Dame, are requesting the approval of the Vacation for the above, described Alleys within the Eddy Commons Development. The reason for this request is to allow for the development of the property on the south side of Napoleon Street into single - family attached townhomes. , The Petitioners believe that vacating the above- mentioned Public right -of -ways will not have a detrimental effect on the adjacent properties located along this portion of Napoleon Street. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, -j Michael J. Danch President Danch, Earner & Associates, Inc. File #130155 1643 Commerce Drive ■ South Bend, IN 46628 Office 574/234 -4003 m 800/5944003 m F,,574/2344119 m ep s CITY Cu:{ r s fi, :xr 99.;�"i a 'r'..."�.... . 208 West Mars m Berrien Springs, M149103 Office 269/471 -3010 ■ Fax 269/471 -7237 1316 COUNTY -CITY BUILDING 227 W. JRMR3oN BOULEVARD .SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG MAYO BOARD OF PUBLIC WORKS R August 13, 2013 Mr, Mike Danch Danch Hamer & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 PHONE 574 /235 -9251 FAX 574/235 -9171 RE: Alley Vacations — Two Alleys: 1 — the North/South Alley between Georgiana Street and Burns Street. South of Napoleon Boulevard from the Fast/West Alley North to the Previously Vacated Alley; 2 — the North/South Alley Between Bums Street and Duey Avenue South of Napoleon Boulevard from the East/West Alley North to the Previously Vacated Alley (Preliminary Review) Dear Mr. Danch: The Board of Public Works, at its August 13, 2013, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Department, and the Solid Waste Divisio Investment, Fire Department, Police submitted: n. The following comments and recommendations were 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 difficult or inconvenient. Th to the lands of the aggrieved person by means of public way di e 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. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of these alleys. "` ��o -ylaa rior to icldn u our radius ma . you w111 need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerel , Lin M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's office Michael Mecham, Engineering GARY A. GILOT DAvtD P. RELos KATHRYN E. Roos MICHAEL C. MECHAM MARK W. NFaL PEMT O aE2 o 0 A) jVe&$ j` y a F morke. D -m-f, Am eAa ¢a^dm W 3 urra — •letL — 0I!TIA I 0 C L4r.1... •••wT.. ... LOT. S.... P�2�os� ��R.�cTioN OF Tow Aj VACATION DIAGRAM i NAPOLEON (9-- .Gfji Ti �B _lac anc � - -• ES rarer ALLEY Fh; Exd LOT 3- -D, .IDT to . I lar e C� r�4c.ro t ') msµ/ #aeAW� 40 co.,4t, vez Da S'o#jrq 0 ", IAI -4442,' 574 z u- seo3 nsgi — -- .�9ar nc ~ •b ,Ot tb ms PIAiLIC At1E1T,. wT J1 • S V1YI a W 71 �i for 25 a, a w Allay locals: 1). The first North/Seuth Allay fast of Ceosgiaae street, vast of Hurnj Street running Nox73i frog the f ;rot fast -West Alley South of Napoleon Street for a distance of ayyrozimataly 5G.5 Paat to ito' teralsatiad Poinl. All situated in the •Narisaa Sad Miller's Plat ^, Reoozded is Plat Hook 7, page 29, in the office of the recorder of at. Joseph County, Indiana Z). The first North /South Alley Hut of Burns Street, 1 Avenue running North fro® the first East -West Allo outh of o Hoay street for a distaaoe of apProxinately 56 feet to its' t on erainati P oint. All situated in the uaartmen and Miller's plat., Recorded in Plat Hook 7, Page 29, in the offing of the raoorder of St. Joseph County, L a sma, D M �M si{R�wo rs Land Surveyors • professional Engineers Landscape Architecte•Land Planners Otl b: (374)234 -4001 / (890)}' 95 -490) . ' Crn: (SA)9]� -4119 X94.1 Com.rNrci ON•. SeuN Bend. IN 4 U $ale 1^.100, 1 I 4• From: Sent: Melinda Lercel To: Friday, July 19, 2013 3:10 PM Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.sf joseph.in.us; Eugene Eyster �c' Subject: Cheryl Greene; pmgriffin @nisource.com Attachments: Alley Vacation - Notre Dame Alley Vacation - Notre Dame.pdf Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercel(asouthbendin aov --- City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: DATE SENT: 7/19/2013 Andre Price, Solid Waste Jitin Kain, Community Investment Michael Mecham, Engineering Department Federico Rodriguez, Fire Department John Byorni, Area Plan Commission (ibvornst_ ko—sei2h.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (Pm9_riff+n@nisource com) (FYI Only) FROM. Linda M. Martin, Clerk, SUBJECT: REQUEST FOR RECOMMENDATION – PROPERTY VACATION APPLICANT: Notre Dame i wo t[/ Alleys: 1 –The Nort n h /South Alley between Georgia Street and Bums Street, South of Napoleon from the LOCATION: East/West Alley North to the Previously Vacated Alley. 2 – The North/South Alley between Burns Street and Duey Avenue South of Napoleon from the East/West Alley North to the Previously Vacated Alley. DATE DUE: July 29, 2013 FAX OR E -MAIL TO: 235 -9171 / Imartin a(�soufhbendin aov RECOMMENDATIONS AND COMMENTS: By /'�'� ��0%'�ii Date L"` Melinda From: Eugene Eyster Sent: Sunday, July 21, 2013 1:39 PM To: Melinda Lercel; Andre Price; Atin Kain; Michael Mechem; Federico Rodriguez; jbyorni @co.st joseph.in.us; Linda Martin ��' Cheryl Greene; pmgriffin @nisource.com Subject: RE: Alley Vacation - Notre Dame Melinda, 1 apologize for any confusion. Due to receiving several of your requests at the end of the day on Friday I inadvertently mixed this one up with the other request being made in that area. The Police Department would have no objection to the alley vacation. Lt. Eyster From: Melinda Lercel Sent: Friday, July 19, 2013 3:08 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; Jbyorni @cost joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Notre Dame Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mierceft@southbendin.gov of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 bt—tP://www.southbendin.gov From: Federico Rodriguez Sent: Monday, July 22, 2013 8:26 AM To: Melinda Lercel Subject: RE: Alley Vacation - Notre Dame Approved S.B.F.D Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: {574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 fr-odrieu(iasouthbendin o From: Melinda Lercel Sent: Friday, July 19, 2013 3:08 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st joseph.in.uS; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Notre Dame Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 _m tercel Osouth bendin City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http: / /Wwwsout_ hbending_ov From: To: Favorable Recommendation. Thanks, ]kinKain Mbnday' July IIJDl 10:2 AN Me/indaLerce RE: Alley Vacation - Notre Dame Fromm: MekndaLeaoe| ------- --------------- --`----'--------'-------'---_—__-- Sent: Friday, July 19/20133:ODPM To. Andre Price; 3UnKain; Michael Mecham ;FedehooAodhuueo/ jbynrni@oo-st-juueph.in �us� Eugene Please provide your recommendations. Thank you, Melinda Lercek Department vf Public Works Division of Engineering (574) 235-9251 City Of South Bend 227VV. Jefferson Blvd. Suite l316 County City Building South Bend, /N466O1 JNnKain Director, Planning Department 'd Community Investment (574) 235-S835 City Of South Bend 27rvk Jefferson Blvd` Suite z400S. south Bend, |N*6601 VISIT 0UR NEW' Wr13SITr Fromm: MekndaLeaoe| ------- --------------- --`----'--------'-------'---_—__-- Sent: Friday, July 19/20133:ODPM To. Andre Price; 3UnKain; Michael Mecham ;FedehooAodhuueo/ jbynrni@oo-st-juueph.in �us� Eugene Please provide your recommendations. Thank you, Melinda Lercek Department vf Public Works Division of Engineering (574) 235-9251 City Of South Bend 227VV. Jefferson Blvd. Suite l316 County City Building South Bend, /N466O1 Lercel From: Sent: Christa Nayder <CNayder @cost joseph.in.us> To: Tuesday, July 23, 2013 3:50 PM Subject: Melinda Lercel Attachments: Re: Alley Vacation - Notre Dame Alleys S of Napoleon.doc Please see our attached recommendation. Christa Nayder Planner Area Plan Commission 574- 235 -9571 cnavder co st- ioseoh in u¢ »> Melinda Lercel <mlercelCalsouthbendin aov> 7/19/2013 3:08 PM >>> Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercei southbendin.gov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 httP://www.southbendin.go v IMPORTANT NOTICE! This E -Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E -Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E -Mail in error please immediately delete it and notify sender at the above E -Mail address. Please note that incoming a -mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E -Mail information cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E -Mail transmission. If verification is required, please request a hard -copy version. JOHN W, BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 221 W. JEFFERSON BLVD.. ROOM 1110 COUNTY -CITY BUILDING July 24, 2013 City of South Bend Board of Public Works 131h Floor, County -City Building South Bend, Indiana 46601 RE: SOUTH BEND. INDIANA 16601 (S14) 235 -9511 Two (2) Alley Vacations Applicant: Notre Dame Location: 1. The north/south alley between Georgian Street and Burns Street, south of Napoleon from the east/west alley north to the previously vacated alley, 2. The north /south alley between Burns Street and Duey Avenue, south of Napoleon from the eastlwest alley north to the previously vacated alley. Dear Board Members: The staff has reviewed this petition. It is the staffs 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. It is the staffs understanding that these alleys are purposed to be vacated for future development. A number of other alleys in this area have been vacated in recent years. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The petitioner owns all contiguous properties. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. These alleys do not access 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. Due to the redevelopment in the area, these alleys are currently dead ends. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, Christa Nayder, Planner SERVING ST. JOSEPH COUNTY SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND W WW. ST)OSEPKCOUNTYINDIANA.COM INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Andre Price, Solid Waste DATE SENT: 7/19!2013 V Jitin Rain, Community Investment .10ichael Mecham, Engineering Department �jFederico Rodriguez, Fire Department ✓ John Byorni, Area Plan Commission Qyornia ro st- e h.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office FROM: Phil Griffin, NIPSCO (pmgriffino-nisource com) (FYI Only) Linda M. Martin, Clerk f,,,, - SUBJECT: REQUEST FOR RECOMMENDATION — PROPERTY VACATION APPLICANT: Notre Dame Two (2) Alleys: 1 — The North /South Alley between Georgiana Street and Burns Street, South of Napoleon from the LOCATION: East/West Alley North to the Previously Vacated Alley. 2 — The North /South Alley between Burns Street and Duey Avenue South of Napoleon from the East/West Alley North to the Previously Vacated Alley. DATE DUE: July 29, 2013 FAX OR E -MAIL TO: 235 -9171 J Imartin(a�southbendin gov RECOMMENDATIONS AND COMMENTS: By Date Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1, BASIC PROVISIONS, TO ADD A NEW SUBSECTION RELATIVE TO THE REZONING OF EXISTING STRUCTURES; ARTICLE 2, RESIDENTIAL DISTRICTS TO REVISE STATE SWIMMING POOL CODE REFERENCES; ARTICLE 4, INDUSTRIAL DISTRICTS, TO REVISE SCREENING REQUIREMENTS; ARTICLE 5 PLANNED UNIT DEVELOPMENT, TO REVISE AN INCORRECT CITATION; ARTICLE 7, GENERAL REGULATIONS, TO REVISE CERTAIN LANDSCAPING REQUIREMENTS BETWEEN RESIDENTIAL AND INDUSTRIAL USES, AND TO REVISE INCORRECT CITATIONS. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Certain changes are deemed necessary for a more affective administration of the ordinance. When properties that have existing buildings or structures petition for a zone amendment (a/k/a rezoning), and those buildings or structures do not meet the setback requirements of the zoning district that they are zoning to, those setbacks will now be considered as legal nonconforming. When industrial -zoned properties abut other industrial -zoned properties, or are separated by a road, screening will not be required; but adjacent residential uses will still need to be properly buffered. Citations in several sections that refer to other parts of the ordinance, or other ordinances, need to be corrected. Further, several sections of the Sign Regulations need to be updated to respond to changes in signs commonly used, namely temporary signs and incidental signs for drive - through facilities. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21 -01.02 Zoning Districts and Zone Maps, is hereby amended by adding a new subsection (i) as follows: W Existing Buildings and Structures — Change of Zoning District. In those instances where buildings and structures exist on a lot or Parcel that is subsequently rezoned to another zoning district (a/k/a zone map amendment) those buildings and structures shall be exempt from seeking variances from the require side rear, or front Yard development standards of that zoning district. All existing structures at the time of the rezoning shall be deemed to be legal nonconformin buildings or structures and shall comply with all provisions of Section 21 -01.03 from that point forward Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21- 02.11(a) (3) (B) (iii), is hereby amended as follows: iii. The swimming pool or hot tub, either above or below ground, shall comply with the applicable requirements of Chapter 14, Article 3 of the Municipal Code or the Indiana Swimming P Administrative Code for residential pools at 675 IAC 14-4.3-270 through 296 as amended, for commercial Pools at 675 IAC 20 as amended, as adopted by Chapter 6 of the Municipal Code. Refer to Section 14 -12 of the Municipal Code to determine applicable requirements. Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Industrial Districts, Section 21- 04.01(b) (10) (B) (ii) b., is hereby amended as follows: b. Screening - Outdoor storage areas shall be screened from view from all non - industrial zoned lot lines by buildings or: Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Industrial Districts, Section 21 -04.02 (b) (10) (B) (ii) b., is hereby amended as follows: b. Screening - Outdoor storage areas shall be screened from view from all non - industrial zoned lot lines by buildings or: Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 5 Planned Unit Development District, Section 21 -05 (e), is hereby amended as follows: (e) Secondary Plat Approval The process for the approval and recording of a secondary plat for any development in a PUD approved pursuant to this Section 21 -05 shall be issued in a manner consistent with that for any other subdivision within the City of South Bend as set forth in Chapter 21, Article 8 14 — Subdivisions (or any successor Subdivision Control Ordinance) and with any additional requirements or commitments entered into in connection with the approval of the preliminary plan pursuant to this Section 21 -05. The approval and recording of a secondary plat is required prior to the issuance of a improvement location permit for any improvements on a lot. Section VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Table 21- 07.01 -A: Residential Bufferyard Landscaping, is hereby amended by amending Table 21- 07.01 -A: Residential Bufferyard Landscaping, by adding a new footnote (4) and adding a new, descriptive accompanying footnote (4) as follows: TABLE 21 -07.01 — A: RESIDENTIAL BUFFERYARD LANDSCAPING Zoning of Zoning of Subject Property Adjacent Pro a SEX o) OB MU O LB CB CBD GB LI GI PUD SF1 U B B B B B B B C C C )z) SF2 U B B B B B B B C C C cz> MFl u A B B B B B B C C C cz> MF2 (4) A B B B B B B C C C cz> PUD "I B B B I B 1 13 B B C C C (z) — When a street separates a residential zoning district from a non - residential zonin district Type A: Open may be substituted in the front vard Section VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign Regulations, Section 21 -07.03 (d) (5) (B) iv., is hereby amended as follows: iv. If a lot is occupied by a use which includes a drive through facility, one (1) menu board shall be permitted adjaeent to" for each drive through faegity lane as an incidental directional sign to announce the selection of services or products available at the drive through facility and the prices thereof. Section VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign Regulations, Section 21 -07.03 (e) (2) (A), is hereby amended as follows: (A) Lower Level Building Identification Signs. Building identification signs located on the first eighteen (18) feet of building height or the actual building height, whichever is less, shall be considered lower level building identification signs. Lower level building identification signs shall be limited to wall signs. In addition, awning signs, canopy signs or marquee signs may be permitted subject to the provisions of Section 21 -07.03 (e) (2) (D), below, or projecting signs may be permitted subject to the provisions of Section 21 -07.03 (3) (e) (2) (C), below. Section IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Sign Regulations, Section 21 -07.03 (g) (3) is hereby amended as follows: Notwithstanding anything contained in Section 21 -01.03 (j) Lk) — Legally Established Nonconforming Signs to the contrary, freestanding on premise signs and sign structures, shall be subject to the following removal provisions: Section X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7, Sign Regulations, Section 21 -07.03 (g) (3) (B), is hereby amended as follows: (B) When a legally established nonconforming building, or any activity, business, entertainment, commodity, product, profession or service not located in a building, suffers a partial destruction in excess of the value specified in Section 21 -01.03 64 — Legally Established Nonconforming Signs of this Ordinance and such building, or activity, business, entertainment, commodity, product, profession or service must be removed and brought into compliance with the terms of this Ordinance, any sign or sign structure located on the lot shall also be brought into compliance with the terms of this Ordinance. Section XI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Coun if Attest: 4 k. rjd Ctty Clerk Gu' € 4 i&vt:% of Presented by me to the Mayor of the City of South Bend, Indiana on the day 2013, o'clock M. City Clerk Approved and signed by me on the day of at o'clock . m. i :t READING Lo -4q_0 PUWc HEARING 3 rd READING HOT APPROVED REFERRED - PASSED Mayor of the City of South Bend, Indiana 2013 Filed In Clerk's off- -- rV Gays IN 3' JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (514) ]35.95]1 October 1, 2013 Derek Deiter, President South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Various Sections of the South Bend Zoning Ordinance Dear Mr. Deiter: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to change the requirements for variances on existing structures that are rezone; reduce certain landscaping requirements; address multiple menu boards at drive throughs; and correct incorrect citations. I am requesting that the attached ordinance be placed on the October 14, 2013 Council agenda for First Reading, The Area Plan Commission will hear this ordinance on October 15, 2013. If you have any questions, please feel free to contact me. Sincerely, hn W. ByorniCl Plied in Clerk, i EZ [013 t - CITYCLE rN BEND, IN SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, $ ROSELAND WW W. STI OS EPH C O U NT Y I N. qNq. C O MlAr plan ORDINANCE NO.`� —�� ---- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $21,000.00 FROM THE PALAIS ROYALE HISTORIC PRESERVATION FUND (FUND 450) FOR REPAIRS TO THE HISTORIC EXTERIORANTERIOR OF THE VENUE. STATEMENT OF PURPOSE AND INTENT The Palais Royale Historic Preservation Fund (Fund 450) was established for continuing historic preservation, maintenance, and repair of the Palais Royale, a historic landmark in downtown South Bend listed since 1984 on the National Register of Historic Places, and contiguous to the Morris Performing Arts Center. Pursuant to Ordinance No. 9706 -06, the Palais Royale Historic Preservation Fund shall be used for the sole purpose of assisting with the continued historic preservation, maintenance, and repair of the Palais Royale building and related facilities, and hereby requests those funds to be released to make said repairs to the stone mortar, reseal areas around the exiting windows on the exterior of the building, and repair related damage to the interior wall of the multipurpose room located on the 3r' Floor of the Palais Royale. The amount of $21,000.00 is requested for appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The following sum of money is hereby appropriated and ordered set apart from and within the Palais Royale Historic Preservation Fund for restoration of the historic stone on the exterior of the Palais Royale, specifically around the existing windows, and to repair related interior wall damage caused by water seepage. Account Number Description Amount 450 Palais Royale Historic Preservation Fund $21,000.00 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. D—j- /j — d)ca.t„ l Attest: City Clerk Member, South Bend Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the 2_, at Approved and signed by me on the 1 sP READING PUBLK HEARING 3 rd READING + NOT APPROVED REFERRED NSSED o'clock . m. City day of 2_, at Mayor, City of South Bend, Indiana day of Filed in Clerk's Offlc,�, . 1013 - ' 4 JOHN VUoviv E CITY CLERK, SOUTH REN0,114 E PERFORMING ARTS CENTER * SOUTH BEND, IN October 4, 2013 Derek Dieter President, South Bend Common Council County -City Building South Bend, IN 46601 Re: Palais Royale Historic Preservation Fund Appropriation Dear Mr. Dieter: I attach for filing with the South Bend Common Council an Ordinance requesting an appropriation of $21,000.00 within the Palais Royale Historic Preservation Fund (Fund 450). Revenues for this Fund are generated from a 2% surcharge assessed on all services provided in connection with the use and rental of Palais Royale facilities. Pursuant to Ordinance No. 9706 -06 the Palais Royale Historic Preservation Fund shall be used for the sole purpose of assisting with the continued historic preservation, maintenance, and repair of the Palais Royale building and related facilities. The purpose for which the Morris Center desires appropriations consists of the following: $21,000 Repairs to the historic stone work on the exterior of the Palais Royale building, and to reseal areas around existing windows, and to repair interior wall damage that was caused by water seeping into the building from around exterior historic stone work. The Morris Center Administration requests the Council's approval of this Ordinance that will benefit the City and its citizens by maintaining and protecting their vested interest in the historic building structure known as the Palais Royale. Sincerely, a Dennis . Andres Executive Director Attachment Hied in Clerk's i OCT L013 a CITY CLERK, JOU:`rt' cf 'J, itti Morris Performing Arts Center • 211 N. Michigan Street • South Bend, IN 46601 Office: (574) 235 -9198 • Fax: (574) 235 -5604 • www.MorrisCenter.org ON 00, �( -(3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT, 736 CALIFORNIA AVENUE, 906,908 & 910 PORTAGE AVENUE, COUNCILMANIC DISTRICT No. I IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM SF2 SINGLE FAMILY AND TWO FAMILY RESIDENTIAL, MU MIXED USE AND GB GENERAL BUSINESS DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A MULTI - FAMLY RESIDENTIAL PROJECT. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in. order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: That part of the Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 113, # 114, # 115 and Lot # 112 of the Plat of "Shetterley Place 3`d Plat" now a part of the City of South Bend as recorded in Plat Book # 5, on Page # 60 in the records of the St. Joseph County, Indiana Recorder's office, excepting the East 35 feet of said Lot # 112, Lot "A ", Lot # 33 of the Plat of "Shetterley Place 2 "d Plat" to the City of South Bend as recorded in Plat Book # 5 on Page # 44 in the records of said Recorder's office. Containing 0.96 acres more or less. Subject to all legal highways, easements and restrictions of record. and the same is hereby established as PUD Planned Unit Development District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council) Conn! ;i W1�iiv�! ciL:a U11 t,,..°.� 2 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20_, at o'clock m. City Clerk Approved and signed by me on the 20 , at o'clock m. Mayor of the City of South Bend, Indiana k'010A —0 1 F.EA �� PUBLIC l :E ;, :NG 3rd READ7NG NOT APPROVED REFERRED PASSED day of Filed in cf.ank' Office a f CITYC@.�rc,. +,,,, >;' PETITION TO REZONE City of South Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The subject properties are located at: 736 California Avenue and 906, 908, 910 Portage Avenue, South Bend, Indiana 46616. Key Number(s) is /are: 18 -1062 -2658, 18- 1060 -2535, 18- 1060 -2536, 3) Name and address of property owner(s) of the petition site: Richard & Linda Ford 908 Portage Avenue South Bend, Indiana 46616 E -Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: Near Northwest Neighborhood, Inc. P.O. Box 1132 South Bend, Indiana 46624 E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: SF2 Single Family and Two Family, MU Mixed Use & GB General Business Districts To: PUD Planned Unit Development District 6) This rezoning is requested to allow the following use(s): Multi family Residential development. 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) six (6) site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. Signature(s) of All Property owner(s), or signature of Attorney for all Property owner(s): Richard Ford 908 Portage Avenue South Bend, Indiana 46616 E-Ma il Address NIA Ph. No. 2 0,;- 3q e PETITION PREPARED BY & CONTACT PERSON: Xame., Danch, Harner & Associate,, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574-234-4003 mdanch@danchhax-ner. com Linda Ford 908 Portage Avenue South Bend, Indiana 46616 E-Mail Address NIA Ph. No. d-5 -32 I - / 7 0 6 Filed PRL,C CI LEGAL DESCRIPTION That part of the Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 113, # 114, # 115 and Lot # 112 of the Plat of "Shetterley Place 3rd Plat" now a part of the City of South Bend as recorded in Plat Book # 5, on Page # 60 in the records of the St. Joseph County, Indiana Recorder's office, excepting the East 35 feet of said Lot # 112, Lot "A ", Lot # 33 of the Plat of "Shetterley Place 2 "d Plat" to the City of South Bend as recorded in Plat Book # 5 on Page # 44 in the records of said Recorder's office. Containing 0.96 acres more or less. Subject to all legal highways, easements and restrictions of record. d in i f L ;^ "1104 vanch, "arner ak Associates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects w Land Planners Office: (574)234 -4003 / (800)594 -4003 m Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of October 8, 2013 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for 736 California Avenue, 906, 908, 910 Portage Avenue, South Bend, Indiana 46616. Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the properties located at 736 California Avenue and 906, 908, 910 Portage Avenue, South Bend, Indiana 46616. This requested Rezoning would allow for the approval of a multi - family residential development to be built as shown on the attached site plan. The proposed site improvements would include the renovation of several existing structures along with the addition of new on -site parking and the installation of new landscaping. Our clients believe the improvements proposed for the properties would be a compatible use in the surrounding mixed use neighborhood along this portion of the Portage Avenue corridor. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. President Danch, Hamer & Associates, Inc. ?' i JONLI CIIYCLERK, SOU F� .a N Mo.a ° m.; W W�a.Q W N a�3 0 o a _ann a B9 b $$i{$g'a� s II77 S fr YYy9; ��eF 1 8a� pY I �ax NA MUM �11� I \\�� mrdkg '1 I o � S I Se "igp': I� I Iw \31W3Atl 3011Vtti0 \ II $$ 3 S i} s 7i ii ;1° {if '5s�yieti )g` Jill 1 If ! d(Lf F d! 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Elizabeth Maradik PO Box 1132 919 California South Bend, IN. 46624 South Bend, IN. 46616 Tax Key* 018 1073 3092 Tax Key # 018 1073 3100 Lois Crachy Rev Trust 124 S Varsity Dr South Bend, IN. 46615 Tax Key # 018 1061 2620 Fletcher Suratt PO Box 492 South Bend, IN. 46624 Tax Key # 018 1061 2619 Larry & Mary Grebe 1402 Timberwood Bremen, IN. 46506 Tax Key # 018 1061 2615 Thomas Lankston 906 Golden Ave South Bend, IN. 46616 Tax Key # 0180 1061 2612 Near Northwest Neighborh000d, Inc. PO Box 1132 South Bend, IN. 46624 Tax Key # 018 1061 2623 Jerard Jurinak 1136 N 100 E Pleasant Grove, LIT. 84062 Tax Key # 018 1061 2622 John Brown 26373 Hummingbird South Bend, IN. 46619 Tax Key # 018 1061 2613 Equity Trust Co DBA Sterling Trust 1101 Wooded Acres Waco, TX. 76701 Tax Key # 018 1071 3013 Stephen & Juilliam Tueller 801 Woodcroft Pkwy Apt. 2232 Durham, NC. 27713 Tax Key # 018 1061 2624 Logan Community Resources, Inc. Po Box 1049 South Bend, IN. 46624 Tax Key # 018 1072 3073 Geneva Ross 1025 Demaude Ave South Bend, IN. 46616 Tax Key # 018 1061 2617 Near Northwest Neighborhood Inc PO Box 1132 South Bend, IN. 46628 Tax Key # 018 1061 2626 Near Northwest Neighborh000d, Inc. PO Box 1132 South Bend, IN. 46624 Tax Key # 018 1073 3091 Indy Home Buy LLC 309 S Logan St South Bend, IN. 46615 Tax Key # 018 1061 2618 Mildred Ann Oklak 53401 Crestview South Bend, IN.46635 Tax Key # 018 1061 2611 Great Lakes Property Inc PO Box 236 Edwardsburg, MI. 49112 Tax Key # 018 1071 3014 Near Northwest Neighborh000d, Inc. Logan Community Resources Inc Dimitros Vasilliades PO Box 1132 PO Box 1049 316 N Lafayette South Bend, IN. 46624 South Bend, IN. 46624 South Bend, IN. 46601 Tax Key # 018 1071 3016 Tax Key# 018 1072 3072 Tax Key # 018 1071 3015 Near Northwest Neighborhood Inc. Wilhelmina MOnger Grace Siulapwa PO Box 1132 262 London Ct 719 Rex St South Bend, IN. 46624 Egg Harbor Township,NJ. 08234 South Bend, IN. 46616 Tax Key # 018 1072 3070 Tax Key # 018 1060 2537 Tax Key # 018 1060 2538 Green River LLC Tatjana Sjolund Mohamed Elhassani & Rkia 5776 Grape Rd.Ste.51,Box 150 6327 A Castaneda St Fourdaous Mishawaka, IN. 46545 Kailua, HI. 96374 713 Rex St Tax Key # 018 1060 2539 Tax Key # 018 1060 2540 South Bend, IN. 46616 Tax Kav it n1 R 1 nRn 2541 Near Northwest Neighborhood Inc. Near Northwest Neighborhood Inc. Mi Casa Funding Group LLC PO Box 1132 PO Box 1132 53393 Peggy Ave South Bend, IN. 46624 South Bend, IN. 46624 South Bend, IN. 46635 Tax Key # 018 1062 2666 Tax Key # 018 1062 2665 Tax Key # 018 1062 2668 Juarez Marvelia Charles Leone Richard & Linda Ford 218 N Scott 1005 Leeper Ave 908 Portage Ave South Bend, IN. 46601 South Bend, IN. 46617 South Bend, IN. 46616 Tax Key # 018 1062 2669 Tax Key # 018 1062 2672 Tax Key # 018 1060 2535 Richard & Linda Ford Bobbie Lennox & Shannon Cassler Philip Charles Maternowski 908 Portage Ave 51535 Kenilworth Rd 66845 N Shore South Bend, IN. 46616 South Bend, IN. 46637 Cassopolis, Ml. 49031 Tax Key # 018 1062 2658 Tax Key # 018 1062 2657 Tax Key # 018 1062 26569 Near Northwest Neighborhood Inc. Douglas & Jennifer Southworth J & J 1 LLC PO Box 1132 54514 Ash Rd 51618 US 31 N. South Bend, IN. 46624 Osceola, IN. 46561 South Bend, IN. 46637 Tax Key # 018 1062 2655 Tax Key # 018 1062 2654 Tax Key # 018 1062 2653 Star Investment Group LLC Phillip Steyaert Michael Griffin 304 N Main St 712 California 704 California Ave Middlebury, IN. 46540 South Bend, IN. 46601 South Bend, IN. 46616 Tax Key # 018 1062 2652 Tax Key # 018 1062 2651 Tax Key # 018 1062 2650 Charles Leone Callie Burnett Charles Leone 1005 Leeper Ave 1005 Woodward Ave 1005 Leeper Ave South Bend, IN. 46617 South Bend, IN. 46616 South Bend, IN. 46617 Tax Key # 018 1062 2676 Tax Key # 018 1062 2663 Tax Key # 018 1062 2677 Garrick Brown William Barbara Fewell William Barbara Fewell 719 California Ave 1157 E Calvert 1157 E Calvert South Bend, IN. 46616 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 1062 2667 Tax Key # 018 1062 2674 Tax Key # 018 1062 2670 Theresa Heamon Abdullah Alhahjri Kirk & Jean McGhee 1028 Woodward Ave 2043 South Bend Ave. Unit 150 1020 Sorin St South Bend, IN. 46616 South Bend, IN. 46634 South Bend, IN. 46617 Tax Key # 018 1061 2607 Tax Key # 018 1062 2675 Tax Key # 018 1072 3052 Richard & Linda Ford Armand Murat Charles Leone 908 Portage Ave 11219 Anderson Rd 1005 Leeper Ave South Bend, IN. 46616 Granger, IN, 46530 South Bend, IN. 46617 Tax Key # 018 1060 2536 Tax Key # 018 1071 3008 Tax Key # 018 1062 2673 Ayala Adler City of South Bend Near Northwest Neighborhood Inc. 309 S Logan St 1300 County City Bldg PO Box 1132 South Bend, IN. 46615 South Bend, IN. 46601 South Bend, IN. 46624 Tax Key # 018 1062 2671 Tax Key # 018 1059 2492 Tax Key # 018 1062 2664 Betty Ivanocvich Rando Woods Ruth,Richard & Linda Ford 817 N Portage Ave 919 Portage Ave 908 Portage Ave South Bend, IN. 46628 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1058 2461 Tax Key # 018 1071 3010 Tax Key # 018 1071 3011 Eric Rowe Near Northwest Neighborhood Inc City of South Bend 921 Cottage Grove Ave PO Box 1132 1300 County City Bldg. South Bend, IN. 46616 South Bend, IN. 46624 South Bend, IN. 46601 Tax Key* 018 1072 3069 Tax Key # 018 1071 3009 Tax Key # 018 1058 2460 711 Land Trust Near Northwest Neighborhood Inc CP Browns Properties LLC 1016 Hudson Ave Po Box 1132 2500 Miracle Lane Ste. A South Bend, IN. 46616 South Bend, IN. 46624 Mishawaka, IN. 46545 Tax Key # 018 1060 2542 Tax Key # 018 1060 2543 Tax Key # 018 1060 2544 Douglas & Leslie Strychalski Mitchell & Sons Nursery & Garden CT Eric Pipke 17609 Hartman Rd 23405 Ardmore Trail 617 Northwood South Bend, IN. 46614 South Bend, IN. 46628 South Bend, IN. 46624 Tax Key # 018 1071 3025 Tax key # 018 1071 3012 Tax Key # 018 1071 3030 Edwin III & Michele Shaw Monica Thompson Sonnyvilla Childrens Home Inc 814 Cottage Grove 4172 Glenview Dr PO Box 717 South Bend, IN. 46616 Santa Maria, CA. 93455 South Bend, IN. 46624 Tax Key # 018 1071 3019 Tax Key # 018 1071 3029 Tax Key # 018 1071 3018 Kalani Childs & Maria GRay City of South Bend Near Northwest Neighborhood Inc 9461 Wish Ave 1300 County City Bldg PO Box 1132 Northridge, CA. 91325 South Bend, IN. 46601 South Bend, IN. 46624 Tax Key # 018 1071 3028 Tax Key # 018 1059 2491 Tax Key # 018 1058 2458 Near Northwest Neighborhood Inc 1003 Ohio Inc. Scott Hughes PO Box 1132 1922 N Oakley 1225 S 26th St. South Bend, IN, 46624 Chicago, IL. 60647 South Bend, IN. 46615 Tax Key # 018 1072 3071 Tax Key # 018 1071 3017 Tax Key # 018 1060 2555 City of South Bend City of South Bend St Joseph County 1300 County City Bldg 1300 County City Bldg 1200 County City Bldg South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 1059 2488 Tax Key # 018 1059 2489 Tax Key # 018 1060 2553 Doug Schrof 1728 Hoover Ave South Bend, IN. 46615 Tax Key # 018 1060 2554 City of South Bend 1300 County City Bldg South Bend, IN. 46601 Tax Key # 018 1059 2490 Theresa Heamon 1026 Woodward Ave South Bend, IN. 46616 Tax Key # 018 1061 2608 Darlene Bartholomew 53278 Ba J er Lane South bend, IN. 46635 Tax Key # 018 1071 3027 Joshua Overgaard 1021 Portage Av South Bend, IN. 46616 Tax Key # 018 1073 3089 Barak Group LLC 300 S St.Louis Ste. 103 South Bend, IN. 46617 Tax Key # 018 1061 2605 VF Tax LLC 8614 Westwood Center Dr # 500 Vienna, VA. 22182 Tax Key # 018 1071 3026 Darlene Bartholomew 53278 Ba Jer Lane South Bend, IN. 46635 Tax Key # 018 1062 2641 ''fib. P v r & or->JO'L -0 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT, 605, 613, 617, 621 NOTRE DAME AVENUE AND 823 SORIN STREET, COUNCILMANIC DISTRICT No. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM SF2 SINGLE FAMILY AND TWO FAMILY RESIDENTIAL AND PUD PLANNED UNIT DEVELOPMENT DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A MULTI - FAMLY RESIDENTIAL PROJECT. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: That part of the Southeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the Southwest corner of Lot 34 in the recorded Plat of "Sorin's First Addition to the Town of Lowell, recorded in Plat Book #1, Page 35 in the office of the St. Joseph County Recorder's Office; thence North 01 °51'57" East along the West line of said Lot #34 & #33 in said Plat a distance of 297.05 feet more or less to the North line of said Lot # 33; thence South 88 027'55" East along said North line 78.6 feet more or less; thence South 01 151'57" West a distance of 40.02 feet more or less; thence South 88 °27'51" East a distance of 64.83 feet more or less; thence South 00 °55'24" West a distance of 0.49 feet more or less; thence South 88 °27'51" East a distance of 143.44 feet more or less to the Westerly right -of -way line of Notre Dame Avenue; thence South 00 °01'08" East along said right -of -way line a distance of 233.17 feet more or less to the Northerly right -of -way line of Sorin Street; thence along said Northerly right -of -way line for the next two courses, around a 318.31 feet radius curve to the right an arc distance of 122.97 feet more or less to the end of a chord which bears South 80 °28'30" West and having a length of 122.21 feet more or less and North 88 °27'58" East a distance of 174.75 feet more or less to the point of beginning. Containing 1.76 acres more or less. subject to all legal highways, easements and restrictions of record. and the same is hereby established as PUD Planned Unit Development District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. 2 Member of the Common Councif- ;aj, and Attest: i mwil $G Ii on fm inwo, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20_, at o'clock M. City Clerk Approved and signed by me on the 20—, at —o'clock m. Mayor of the City of South Bend, Indiana 1,1 READING PUBLIC HEARING 3,d PEADjNG NOT APPROVED REFERRED PASSED day of Filed it v:)ffice 0;j LUii JOI­a, CITY CLE PETITION TO REZONE CityofSouth Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The subject properties are located at: 605, 613, 617, 621 Notre Dame Avenue and 823 Sorin Street, South Bend, Indiana 46617. Key Number(s) is /are: 18 -5031 -1129, 18- 5031 - 112901, 18- 5031 - 112902, 18- 5031 - 112903, 18- 5031 - 112904,18 -5031- 112905,18 - 5031 - 112906,18 -5031- 112908,18 - 5031 - 112909, 18- 5031 - 112910,18 -5031- 112912,18 - 5031 - 112913,18 -5031- 112914,18 -5031- 112915, 18 -5031- 112916,18 -5031- 112917,18- 5031-112918,18- 5031 - 112919,18 -5031- 112920, 18- 5031 - 112921,18 - 5031 - 112922,18 - 5031 - 112923 ,18 - 5031 - 112924,18 - 5031 - 112925, 18- 5031 - 112926,18 -5031- 112927,18 -5031- 112928 ,18 - 5031 - 112929,18 - 5031 - 112930, 18- 5031 - 112931,18 -5031- 112932,18 - 5031 - 112911 3) Name and address of property owner(s) of the petition site: Belcorp Financial Services, Inc. 120 East Ogden Avenue Suite 124 Hinsdale, IL 60521 E -Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: PDC Capital Group, LLC 7703 rd Avenue, SW Carmel, Indiana 46032 E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: SF2 Single Family and Two Family & PUD Planned Unit Development Districts To: PUD Planned Unit Development District 6) This rezoning is requested to allow the following use(s): Multi family Residential development. 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) six (6) site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): 4 nt aony appta- Attorney for Petitioners 52582 . 933 North South Bend, Indiana 46637 E -Mail Address N/A Ph. No. 574- 277 -8720 PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch@danchharner. coin Filed in iffice r--- — -_ " u;, Lm City ,;car•r4 �; - ­— .. '1011'rH SEND, IN LEGAL DESCRIPTION That part of the Southeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the Southwest corner of Lot 34 in the recorded Plat of "Sorin's First Addition to the Town of Lowell, recorded in Plat Book #1, Page 35 in the office of the St. Joseph County Recorder's Office; thence North 01 °51'57" East along the West line of said Lot #34 & #33 in said Plat a distance of 297.05 feet more or less to the North line of said Lot # 33; thence South 88 °27'55" East along said North line 78.6 feet more or less; thence South 01 °51'57" West a distance of 40.02 feet more or less; thence South 88 °27'51" East a distance of 64.83 feet more or less; thence South 00 °55'24" West a distance of 0.49 feet more or less; thence South 88 °27'51" East a distance of 143.44 feet more or less to the Westerly right -of -way line of Notre Dame Avenue; thence South 00 001'08" East along said right -of -way line a distance of 233.17 feet more or less to the Northerly right -of -way line of Sorin Street; thence along said Northerly right -of -way line for the next two courses, around a 318.31 feet radius curve to the right an arc distance of 122.97 feet more or less to the end of a chord which bears South 80 °28'30" West and having a length of 122.21 feet more or less and North 88 °27'58" East a distance of 174.75 feet more or less to the point of beginning. Containing 1.76 acres more or less. subject to all legal highways, easements and restrictions of record. File d it,,, offlce <: iU 3 Joaiie GS�Ct ERkT°�:ti i!t BEND, IN Gross & Cohen Notre Dame LLC 832 N.Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5031 1108 Northeast Neighborhhood Revitalization 803 LincolnWay W South Bend, IN. 46616 Tax Kpv # n1R 5n39 1153 Owens Heating Company 1115 Fremont South Bend, IN. 46628 Tax Key # 018 5032 1154 MFC South Bend Holdings II LLC 8833 Gross Pt Rd Skokie, IL. 60077 Tax Key # 018 5032 1156 Campus Housing at South Bend LLC 836 N Notre Dame Ave Ste, 1 D South Bend, IN. 46617 Tax Key # 018 5031 110401 Bumbaca Cosimo 11788 Bluebell Cir Granger, IN. 46530 Tax Key # 018 5025 0879 Dena Smith 3390 Anaconda Dr Cincinnati, OH. 45258 Tax Key # 018 5025 0882 NVNGLLC 211 W Washington Ste 1800 South Bend, IN. 46601 Tax Key # 018 5025 0885 Property Owners Within 300 Feet Richard Broadway Toye Simmons 816 South Bend Ave South Bend, IN. 46617 Tax Key # 018 5031 1106 Gross & Cohen Notre Dame LLC 832 N. Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5031 1110 Red Door Holding Co LLC 749 South Bend Ave South Bend, IN. 46615 Tax Key # 018 5032 1155 Gross & Cohen Notre Dame LLC 832 N. Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5029 107001 Susan Papagiannis 16635 Bennington Ct Granger, IN. 46530 Tax Key # 018 5025 0877 Frederick & Martha Crimmins 1832 Campeau South Bend, IN. 46617 Tax Key # 018 5025 0880 Cosimo Bumbaca 1707 South Bend Ave South Bend, IN. 46637 Tax Key # 018 5025 0884 Cosimo Bumbaca 1707 South Bend Ave South Bend, IN. 46637 Tax Key # 018 5025 0886 Olivet A.M.E. Church Inc 719 N Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5031 1112 Olivet African Methodist Episcopa Church 719 N Notre Dame Ave South Bend, IN. 46617 Tax Kav# n1fi 5nR1 1118 AJP Real Estate Group LLC PO Box 8313 South Bend, IN. 46660 Tax Key # 018 5032 115601 Marisa & Marcello Salvatore 735 E Sorin South Bend, IN. 46617 Tax Key # 018 5031 1095 Delago LLC 1319 S State St Apt B Chicago, IL. 60605 Tax Key # 018 5025 0878 Ross Jr. & Jessica Luyben 817 E Miner St South Bend, IN. 46617 Tax Key # 018 5025 0881 Cosimo Bumbaca 11788 Bluebell Circle Granger, IN. 46530 Tax Key # 018 5025 0883 Civil City of South Bend 1406 S Michigan South Bend, IN. 46601 Tax Key # 018 5026 0920 DCBA LLC DCBA LLC DCBA LLC 3010 Hickory Rd 3010 Hickory Rd 3010 Hickory Rd Mishawaka, IN. 46545 Mishawaka, IN. 46545 Mishawaka, IN. 46545 Tax Key # 018 5026 0921 Tax Key # 018 5026 0922 Tax Key # 018 5026 0924 Kenny Kent Kenneth L Kent DCBA LLC 15398 Roscommon 15398 Roscommon Ln 3010 Hickory Rd Granger, IN. 46530 Granger, IN. 46530 Mishawaka, IN. 4654 Tax Key # 018 5026 0923 Tax Key # 018 5026 0925 Tax Key # 018 5026 0926 DCBA LLC 3010 Hickory Rd Mishawaka, IN. 4654 Tax Key # 018 5026 0927 Gilbert Williams Jr. 1929 N Elmer South Bend, IN.46628 Tax Key # 018 5031 1124 Mitzi Garner 902 Sorin St South Bend, IN. 46617 Tax Key # 018 5026 0907 Velma Harris 818 Sorin St South Bend, IN. 46617 Tax Key # 018 5025 0871 Gross & Cohen Notre Dame II LLC 832 N. Notre Dame Ave South Bend, IN. 46637 Tax Key # 018 5025 0874 Gross & Cohen Notre Dame II LLC 832 N. Notre Dame Ave South Bend, IN. 46637 Tax Key # 018 5025 0876 Francesco & Lina Parisi 10207 Glen Lee Granger, IN. 46530 Tax Key # 018 5026 0911 Gross & Cohen Notre Dame II LLC 832 N. Notre Dame Ave South Bend, IN. 46637 Tax Key # 018 5031 1025 Philip & Carolynn Maternowski 66845 N Shore Dr Cassopolis, MI. 49031 Tax Key # 018 5031 1125 NVNG LLC 812 E LaSalle One South Bend, IN. 46617 Tax Key # 018 5031 1099 Gross & Cohen Notre Dame II LLC 832 N. Notre Dame Ave South Bend, IN. 46637 Tax Key # 018 5025 0869 Leroy Jr. & Helen Sutton 53307 Peggy Ln South Bend, IN. 46635 Tax Key # 018 5025 0872 Hoety Land Trust 834 C/O Kramer Properties South Bend, IN. 46617 Tax Key # 018 5025 0875 Robin & Isabella Six 908 E Sorin St South Bend, IN. 46617 Tax Key # 018 5026 0909 Francesco & Lina Parisi 10207 Glen Lee Granger, IN. 46530 Tax Key # 018 5026 091201 Kathaleen Collins 812 Almond Court South Bend, IN. 46617 Tax Key # 018 5013 1117 Carl & Anna Kimble 840 N Ironwood South Bend, IN. 46615 Tax Key # 018 5031 1104 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5031 1121 Gross & Cohen Notre Dame II LLC 832 N. Notre Dame Ave South Bend, IN. 46637 Tax Key # 018 5025 0870 Douglas & Patricia Ann Agbetsiafa 224 N Sunnyside Ave South Bend, IN. 46617 Tax Key # 018 5025 0873 Peter Gillis II 318 N Lafayette Blvd South Bend, IN. 46601 Tax Key # 018 5024 0846 Marilyn Ehman 910 E Sorin South Bend, IN. 46617 Tax Key # 018 5026 0910 Francesco & Lina Parisi 10207 Glen Lee Granger, IN. 46530 Tax Key # 018 5026 0914 John & Otha Reese 51545 Autumn Ridge Granger, IN. 46530 Tax Key # 018 5031 1118 Gilbert Williams Jr Keith Flowers Gross & Cohen Notre Dame II LLC 1929 N Elmer 20801 Roosevelt Rd 832 N. Notre Dame Ave South Bend, IN. 46628 South Bend, IN. 46614 South Bend, IN. 46637 Tax Key # 018 5031 1119 Tax Key # 018 5031 1120 Tax Key # 018 5031 1103 Mark & Nanette Mullaney Belcorp Financial Services Gross & Cohen Notre Dame LLC 813 South Bend Ave 120 E Ogden Ave Ste. 124 832 N Notre Dame Ave South Bend, IN, 46617 Hinsdale, IL. 60521 South Bend, IN. 46617 Tax Key # 018 5032 1145 Tax Key # 018 5031 112916 Tax Key # 018 5031 1093 Gross & Cohen Notre Dame LLC 832 N Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5031 1102 NVNG LLC 812 E LaSalle Ave South Bend, IN. 46617 Tax Key # 018 5035 1250 Philp & Carolyn Maternowski 66845 N Shore Cassopolis, MI. 49031 Tax Key # 018 5031 1122 Anthony & Therese Schirripa 2123 Riverside Dr South Bend, IN. 46616 Tax Key # 018 5031 1098 David Robinson 814 South Bend Ave South Bend, IN. 46617 Tax Key # 018 5031 1105 Olivet African Methodist & Episcopal Church 719 N Notre Dame Ave South Bend, IN. 46617 Txx Kav # n18 sn1 i 111:3 Habitat for Humanity 402 E South St South Bend, IN. 46601 Tax Key # 018 5031 1091 NVNG LLC 812 E LaSalle South Bend, IN. 46617 Tax Key # 018 5029 1069 Gross & Cohen Notre Dame LLC 832 N Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5031 1092 Housing Authority of South Bend 501 S Scott St South Bend, IN. 46613 Tax Key # 018 5035 1251 Philp & Carolyn Maternowski 66845 N Shore Cassopolis, MI. 49031 Tax Key # 018 5031 1123 TRM Properties LLC 4100 Edison Lakes Parkway Mishawaka, IN. 46545 Tax Key # 018 5031 1090 Brian & Janet Wray 824 South Bend Ave South Bend, IN. 46617 Tax Key # 018 5031 1109 Twin Domers LLC 3204 Grand Oaks Ct Pittsburg, KS. 66762 Tax Key # 018 5029 1070 Stephen Dragovich 616 N St. Peter South Bend, IN. 46617 Tax Key # 018 5031 1100 NDA 624 JC LLC PO Box 1331 South Bend, IN. 46624 Tax Key # 018 5029 1064 Gross & Cohen Notre Dame LLC 832 N Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5031 1101 Fairmont Homes Po Box 27 Nappanee, IN. 46550 Tax Key # 018 5035 1252 Filippo Bumbaca 11788 Blue Bell Circle Granger, IN. 46530 Tax Key # 018 5031 1089 TRM Properties LLC 4100 Edison Lakes Pkwy Mishawaka, IN. 46545 Tax Key # 018 5031 1096 Richard & Stanford Broadway 816 South Bend Ave South Bend, IN. 46617 Tax Key # 018 5031 1107 Mario Manta 50929 Mulholland Dr South Bend, IN. 46628 Tax Key # 018 5031 1094 Housing Authority of South Bend 501 Scott St South Bend, IN. 46613 Tax Key # 018 5026 0928 Frances 611 LLC 544 W 7th St Hinsdale, IL. 60521 Tax Key # 018 5029 1071 Angela Redding Shirley McFarland Kenneth Kent Jr. 617 Frances St 714 N Notre Dame Ave 812 E LaSalle South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 018 5029 1068 Tax Key # 018 5029 1058 Tax Key # 018 5026 0917 T & T Rentals Inc Alondra M Agurre Lee Trevino 19751 Southland 3052 Gale 931 Sorin St South Bend, IN. 46614 Indianapolis, IN. 46218 South Bend, IN. 46617 Tax Key # 018 5026 0918 Tax Key # 018 5026 0919 Tax key # 018 5029 107201 Lee Trevino / Monica Prado 937 Sorin St South Bend, IN. 46617 Tax Key # 018 5029 1072 Angela Redding 617 N Frances South Bend, IN. 46617 Tax Key # 018 5029 1067 Bear Cub Enterprises LLC 214 SE Park St Dania, FL. 33004 Tax Key # 018 5029 1059 Mellissa Sonnenberg 707 N Frances St South Bend, IN. 46617 Tax Key # 018 5029 1060 Housing Authority of South Bend 501 S Scott South Bend, IN. 46613 Tax Key # 018 5029 1066 Leprechaun Properties LLC 26959 Rozana Ct South Bend, IN. 46619 Tax key # 018 5029 105501 Mellissa Sonnenberg 707 N Frances St South Bend, IN. 46617 Tax Key # 018 5029 1061 Campus Housing at South Bend LLC 836 N Notre Dame Ave Suite 1 D South Bend, IN. 46617 Tax Key # 018 5029 1062 A M E Olivet Church 719 N Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5029 1054 William Calahan 16220 Jackson Rd Mishawaka, IN. 46544 Tax Key # 018 5029 105701 Campus Housing at South Bend LLC 836 N Notre Dame Ave Suite 1 D South Bend, IN. 46617 Tax Key # 018 5029 1063 Leprechaun Properties LLC 26959 Roazana Ct South Bend, IN. 46619 Tax Key # 018 5029 1055 Twin Domers LLC 3204 Grand Oaks Ct Pittsburg, KS. 66762 Tax Key # 018 5029 1070 Filed in, `,office LUi3 i CITY CLERK, Sua . 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DANCH, L.A. RON HARNER, P.S. Danch, Harner IS Associates, Inc. Honorable Members of the City of South Bend Common Council 4`11 Floor County -City Building South Bend, Indiana 46601 Land Surveyors . Professional Engineers Landscape Architects . Land Planners September 30, 2013 RE: Rezoning Petition for Belcorp Financial Services, Inc. for their property located at the Northwest corner of Notre Dame Avenue & Sorin Street, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their properties located at the Northwest corner of Notre Dame Avenue & Sorin Street, South Bend, Indiana. This requested Rezoning would allow for the construction of a Planned Unit Development complex for Multi - family residential rental units. Our clients believe that this type of development would fit well along this portion of Notre Dame Avenue and work well with the mix of uses present in the surrounding neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harper & Associates Redin 1643 Commerce Drive . South Bend, IN 46628 208 West Mars a Berrien Springs, MI 49103 office 574/234 -4003 ■ 8001594 -4003 . Fax 574/234 -4119 Office 269/471 -3010 . Fax 269/471 -7237 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF TIIE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO REINSTATE ARTICLE 2, SECTION 17 -27.1 HAULED SEPTIC WASTE STATEMENT OF PURPOSE AND INTENT In 2004 the City of South Bend (the City) amended the South Bend Municipal Code to add Section 17 -27.1 to Chapter 17, Article 2 which regulated hauled residential septic tank and similar liquid waste, and assessed a charge of $0.06 per gallon to haulers of septic waste who desired to discharge such waste at the City's Wastewater Treatment Plant. The City has discovered that in amending Chapter 17 Article 2 of the South Bend Municipal Code to comply with the Clean Water Act as required by the federal Environmental Protection Agency (EPA), Section 17 -27.1 was inadvertently eliminated. It is important to include regulation and charges to residential septic tank and similar liquid waste haulers. This ordinance reinstates Chapter 17, Article 2, Section 17 -27.1 as originally adopted. NOW, TIIEREFORE, BE IT ORDAINED BY TIIE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 17, Article 2, of the South Bend Municipal Code be and hereby is amended to reinstate former Section 17 -27.1 to read in its entirety as follows: Sec. 17.-27.1. Hauled septic tank waste and similar liquid waste discharge requirements and rates. (a) Generally. Hauled septic tank waste and similar liquid waste is amenable to treatment at the South Bend Wastewater Treatment Plant. Only hauled septic tank waste from residential locations will be accepted. Hauled septic waste from industrial and commercial allocations is prohibited. (b) Permitting Requirements. Any septic tank waste hauler must have a valid permit issued by the State of Indiana, Department of Environmental Management in order to discharge at the South Bend Wastewater Treatment Plant. In addition, each septic tank hauler must complete a discharge application with the City of South Bend, Division of Environmental Services prior to receiving approval to discharge at the South Bend Wastewater Treatment Plant. (c) Rates and char (1) Each hauler of septic tank waste shall be required to complete discharge records at the plant indicating the origin of location(s) for each tanker discharged. Charges shall be six cents ($0.06) per gallon on a full tanker basis. The hauler shall be charged the full tanker volume for each discharge regardless of actual discharge volume, unless the City installs metering. At that time, charges shall be six cents ($0.06) per gallon as metered. (2) The rates and charges for hauled septic waste shall be subject to the same rate adjustments as unmetered sewage rate for Class I users as described in subsection 17-21(b). Section 11. This Ordinance shall be in full force and effect from and after adoption by the Common Council and approval by the Mayor. Member, South Bend Common CgGcil Attest: 'Id ejon oil ts ;G ISSUO, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2—, at o'clock m. Approved and signed by me on the o'clock —. M. Dt, KG L r'a ,G PASSED- City Clerk day of 12 , at Mayor, City of South Bend, Indiana CPO LO 13 crry CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS October 9, 2013 Mr. Derek Dieter President, South Bend Common Council 4`h Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amending the South Bend Municipal Code To Reinstate Section 17 -27.1 of Chapter 17, Article 2 — Hauled Septic Tank Waste Dear President Dieter: Attached for filing with the South Bend Common Council is an Ordinance to amend the South Bend Municipal Code at Chapter 2, Article 17 by reinstating Section 17 -27.1 as previously adopted in 2004. That Section addresses regulations for hauled residential septic tank and other liquid waste, and it was inadvertently deleted from South Bend Municipal Code when Chapter 17 Article 2 was substantially amended in 2011 to comply with the Clean Water Act under Ordinance No. 10095 -11. Because regulation for the hauling of residential septic tank and similar liquid waste to the South Bend Wastewater Treatment Plant, and the assessment of fees for such hauling is important to the Plant operation, it is necessary to reinstate Section 17 -27.1 of Chapter 17, Article 2 of the South Bend Municipal Code. Either I, or Environmental Services Division Director Al Greek, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. AMD /cw cc: Kathleen Cekanski - Farrand Sincerely, Eric . Ho ath, PE Public Works Director n` e ;t)60 ,t ORDINANCE NO. AN ORDINANCE OF TIIE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF TIIE SOUTII BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY TIIROUGH 2017 STATEMENT OF PURPOSE AND INTENT On June 28, 2010 South Bend enacted a sewer rate adjustment through Ordinance #10019 -10 which set rates for the years 2010 through 2013. At this time the 2013 rates in Ordinance #10019 -10 apply to South Bend's sewer utility customers. South Bend received a National Pollution Discharge Elimination Permit ( NPDES) in conjunction with a Long Term Control Plan (LTCP) required by the federal Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM) to greatly reduce combined sewage overflow (CSO) events in the St. Joseph River in compliance with the Clean Water Act. The LTCP resulted from a negotiated consent decree to resolve a complaint by EPA and IDEM alleging that South Bend had violated sections of the federal Clean Water Act. South Bend's cost of complying with the LTCP and its NPDES Permit in protecting the St. Joseph River is substantial, and South Bend has prudently planned for this remediation through a 20 year environmental infrastructure improvement and replacement process. The cost of river protection through improvements to the sewage utility's infrastructure is financed through sewer rates, and South Bend's current rates are inadequate to cover total EPA mandated changes to the City's sewage treatment system, as recognized in Ordinance #10019 -10. Additionally, South Bend's basic costs of operation and maintenance of its sewer utility have increased despite innovative cost savings programs initiated by the City's Environmental Services Department. The sewer rates which have been in effect for the past four years were implemented on an incremental basis to correspond with projected near future increased costs of Clean Water Act remediation, and the expected increased costs of general operation and maintenance over a four year period. The additional income to the utility will pay for improvements to separate sewers, to reduce sewage overflows to basements, and to increase capacity of the Wastewater Treatment Plant. This incremental approach to maintaining a fiscally sound sewer utility capable of complying with South Bend's federal NPDES Permit should be continued for the next four years to avert potential double digit rate hikes in the near future. The rates set forth in this ordinance remain highly competitive with those of similarly situated Indiana cities. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. Chapter 17, Article 2, Division 4, Section 17 -20 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -20. Rates established. Every person whose premises are served by said sewage works shall be charged for the service provided. These charges are established in order that the sewage works shall recover revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works. User charges are subject to the rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal Register February 17, 1984 (40 C.F.R. 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment. Section I1. Chapter 17, Article 2, Division 4, Section 17 -21 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -21. Sewage rates determination. (a) Generally. For the use of the service rendered by sewage works, rates and charges shall be collected from the owners of each and every lot, parcel or real estate or building that is connected with the City sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewage system of the City of South Bend. Such rates and charges include user charges, debt service costs, excessive strength surcharges and other service charges, which rates and charges shall be payable as hereinafter provided. (b) Schedule of Rates and Charges (1) The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges as the same is measured by the water meter there in use, plus a base charge based on the size of water meter installed, except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read monthly and the users shall be billed each month (or period equaling a month). The water usage schedule on which the amount of said rates and charges shall be determined is as follows: Schedule of Rates and Charges 2939* 244 2812 241-3 2014 2015 2016 2017 Metered Rates (per 100 cubic feet) $24-3 $2.65 $2.89 $3.15 3.43 Base Monthly Charge 5/8 inch meter &1494 23:69 $28.14 $30.68 $33.4 4 36.45 3/4 inch meter $2 $37.93 $41.35 $45.07 49.12 1 inch meter &5970 $64.84 $70.68 77.04 $83.9 7 1 1 /2inch meter $145.5 2 158.61 $172.8 9 188.45 2 inch meter $248.16 $270.49 $294.84 $321.37 3 inch meter 'i 43243 476 -80. 3 -1-9:7 566.48 $617.4 7 673.04 $733.61 4 inch meter $1,006.47 $1,097.06 $1,195.79 $1,303.41 6 inch meter 9638. 490 -596 2 -067- $2,253.41 $2,456.22 $2,677.28 $2,918.23 8 inch meter $4,015.13 $4,376.5 0 4 770.38 $5J99. 72 10 inch meter $6,263.23 $6,826.92 $7,441.34 $8,111.0 6 12 inch meter 393 6- 968.41- 393:5 °'4m ^'^ 9024.30 $9,836.48 $10,721.77 $11.686.72 *Rates effeetive uly i 2010 Pecombef3l, 20 10. Rates en_ 201 i 2012 ....a 411 are for A-11 .clench, . OaFS Unmetered Monthly Rate 2910* 2044 20Q 2943 2014 2015 2016 2017 Per Single Family Residential Dwelling Unit $33 -.04 $3641 $39,23 $42.78 $46.63 JIM $55.40 $60.39 (2) For the service rendered to the City of South Bend said City shall be subject to the same rates and charges established in harmony therewith. (3) In order to recover the cost of monitoring industrial wastes, the City shall charge the user not less than $100.00 per sampling event plus the actual cost for collecting and analyzing the sample(s) as determined by the City or by an independent laboratory. This charge will be reviewed on the same basis as all other rates and charges in this ordinance. (c) Former Wholesale Users. (1) Billing for sewage services to previously designated Class II wholesale users shall be in accordance with the executed intermunicipal contract for wastewater treatment services, but such contracts shall not be extended after their expiration dates due to elimination of the wholesale class of users. This shall not affect authority to enter special rate contracts as provided in Section 17 -29 of this Chapter. Section III. Chapter 17, Article 2, Division 4, Section 17 -23 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -23. IIeavy demand surcharge. (a) In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the City shall base its charges not only on the volume, but also on strength and character of the stronger- than- normal domestic sewage and wastes which it is required to treat and dispose of. The City shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly into the sanitary sewage system, in such manner, by such method and at such times as the City may deem practicable in light of the conditions and attending circumstances of the case, in order to determine the proper charge. The user shall furnish a central sampling point available to the City at all times. (b) Normal sewage domestic waste strength should not exceed ammonia- nitrogen in excess of twenty -five (25) milligrams per liter of fluid, suspended solids in excess of two hundred fifty (250) milligrams per liter of fluid, biochemical oxygen demand in excess of two hundred fifty (250) milligrams per liter of fluid, or phosphorus in excess of ten (10) milligrams per liter of fluid. Additional charges for treating stronger- than - normal domestic waste shall be made on the following basis: Excess Streneth of Waste Surcharges - Suspended Solids (Per Pound) (Concentration Limit 250 mg/1) - Biochemical Oxygen Demand (Per Pound) (Concentration Limit 250 mg/1) - Ammonia Nitrogen (Per Pound) (Concentration Limit 25 mg/1) - Phosphorous(PerPound) (Concentration Limit 10 mg/1) 2M* 204 2042 204-3 2014 $0:146 $0. 139 $0: -1-73 $0489 JQ1L6 $0;193 end $0.229 �0.250 $0.273 $1 -009 $1. 100 $1.199 V 10 JL4L5 $1 -.719 $1-874 $2.043 $2.227 $2.427 2015 2016 2017 0.225 $0.245 $0.267 0.29 $0.324 $0.353 1.553 1.693 JL845 2.64 $2.884 $3.144 (c) The determination of suspended solids, biochemical oxygen demand, ammonia- nitrogen, phosphorus, ammonia and COD contained in the waste shall be in accordance with the latest copy of "Standard Methods for the Examination of Water and Wastewater," as written by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, and in accordance with "Guidelines Establishing Test Procedures for Analysis of Pollutants," 40 C.F.R. Part 136. (d) If the City and the user can agree upon the relationship between BOD and COD, then COD may be used for calculating the BOD surcharge. Section IV. Chapter 17, Article 2, Division 4, Section 17 -25 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -25 Review of rate schedule. The sewage rates and charges set forth in the preceding section 17 -21 shall be revised and adjusted for calendar year 2814 2018 to assure adequacy in the cost of maintaining the City sewer works in sound physical and financial condition necessary to render adequate and effective service. However, until such adjustment, the sewage rates and charges in the preceding Section 17 -21 shall remain in full force and effect. Discussions between the City Administration and the Common Council concerning sewer rates for 2814 2018 and thereafter shall commence by June 2413 2017. The Mayor and Common Council retain ultimate authority and responsibility for the operations and finances of the Municipal Utilities. Section V. This Ordinance shall be in full force and effect on January 1, 2014 after adoption by the Common Council and approval by the Mayor. Attest: City Clerk /)� dot" c4l,,( rL Member, South Bend Common ouncil 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 m. 1st RLAD;NG Lo -o-H3 PUBLIC HARING 3 rd READ;NG NOT APPROVED -- ^?ED PASSED 2_, at _o'clock _. Mayor, City of South Bend, Indiana JCPis': and Coundi n- LL., c. u .,* € to 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 m. 1st RLAD;NG Lo -o-H3 PUBLIC HARING 3 rd READ;NG NOT APPROVED -- ^?ED PASSED 2_, at _o'clock _. Mayor, City of South Bend, Indiana JCPis': CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS October 9, 2013 Mr. Derek Dieter President, Common Council 4`h Floor, Clerk's Office County City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 Dear President Dieter; Attached is an ordinance amending sections of the South Bend Municipal Code to adjust sewer rates and charges incrementally through 2017. The rates set forth in the attached Ordinance are set based on requirements of the City's approved Long Term Control Plan (LTCP) for Combined Sewer Overflows and the negotiated Consent Decree between the City of South Bend, the United States Environmental Protection Agency ( USEPA), and the Indiana Department of Environmental Management (IDEM). This Consent Decree was entered into after the USEPA and the IDEM filed a concurrent complaint alleging that the City of South Bend violated sections of the Clean Water Act, the Indiana Code, and South Bend's National Pollutant Discharge Elimination System ( NPDES) permit by discharging combined sewer overflows into waters of the United States and waters of Indiana, and that those discharges have violated and continue to violate South Bend's NPDES permit. The proposed rates will support the first phases of the City's LTCP and will fund necessary improvements to separate sewers, reduce sewage overflows to basements, and increase capacity at the Wastewater Treatment Plant. The City has engaged a financial consultant, Crowe Horwath, to prepare a Preliminary Rate and Financing Report. Please contact me with any questions that you have on the changes to the sewer rate ordinance, or the T.TCP_ Sincerely, Eric C. orvath, PE Public Works Director 0; J zvcl