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HomeMy WebLinkAbout10-28-13 Common Council Agenda & Packetnr_Fninn SOUTH BEND COMMON COUNCIL MEETING MONDAY, OCTOBER 28, 2013 7:00 P.M. 1. INVOCATION - REV. TONY SLAGLE 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES S. SPECIAL BUSINESS ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS 6. REPORTS OF CITY OFFICES - REPORT FROM THE 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: (BILLS NO. 44 -13, 45 -13, AND 46 -13 TO BE HEARD IN THE COUNCIL PORTION ONLY) 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 58 -13 PUBLIC HEARING 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 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 54 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014 8. BILLS, THIRD READING RTT,T, 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 JiC NUARY 1, 2014, AND ENDING DECEMBER 31, 2014 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 58 -13 THIRD 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 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 54 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014 9. RESOLUTIONS BILL NO. 13 -69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE NEAR NORTHWEST NEIGHBORHOOD QUALITY OF LIFE PLAN 13 -70 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 4528, 4536 4546 4606, 4612 LAKE BLACKTHORN DRIVE,6568 DOCKSIDE DRIVE, 4636, 4644, 4710, 4720, 4728, 4814, 4822 STARBOARD DRIVE, 6510, 6507 STILL WATERS COURT, 4938, 4954, 5011, 4935, 4915 STERN LINE COURT, 6535, 6530, 6634 LEEWAY DRIVE, 5015, 4917 MASTHEAD COURT; 5002, 5010, 5013, 5003, 4925 BOW LINE COURT, 4738, 4712 PORTSIDE DRIVE, 4627, 4611, 4604, 4614, 4624 PIER COURT, 6613 DOCKSIDE DRIVE, 4711, 4719, 4821, 4829 STARBOARD DRIVE, 6530 LAKE CREST CIRCLE, 6735, 6747, 4736, 4739 BLACKTHORN HARBOR DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC 13 -71 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS HAVING THE ADDRESSES OF 5005 MASTHEAD COURT, 4704 PORTSIDE DRIVE, 4603 PIER COURT, AND 4643 STARBOARD DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC 10. BILLS, FIRST READING BILL NO. 11. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. BILL NO. 48 -13 - REZONING - 1906 S. FRANKLIN ST. 2. BILL NO. 59 -13 - AMEND ZONING CHAPTER 21 B. SET BILL 13 -72 CONFIRMING TAX ABATEMENT FOR LEBERMUTH COMPANY INC. 4004 TECHNOLOGY DR. FOR 11/11/13 MEETING 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. 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 $xxxx SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ow,� z o..J\ (1- Member of the Common Council Attest: rf 4.c ta" RR .' ^•!.f r N, + P'::� .J ic;&111Y9 and Council action an tsrIl$ 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. IL� IUAMNG PUSLIC NEAf?!!"4(3 3rd READ:NC NOI A'POvD REFEULD PA5SED Deputy City Clerk Approved and signed by me on the _ day of 2 at o'clock —.m. Mayor, City of South Bend, Indiana Filed In Verk�'s., av AUG 120ON CouNTY -Cr ry BOLDING 227 W JEFPERsoN BLVD. SOUTH BEND, INDjANA 46601 -1830 PHONE 574 /235 -9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE B=GJEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common Council 41h 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, 2na read and public hearing at the council meeting on September 23, 2013, with 3`a 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 Goverment 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, (� y Mark W. Neal City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristol Brisco, Corporation Counsel Filed offire �%ijL, 12Qj � 4 CITY CLERK, Solt3iE BENC,' IN �!I 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 EY 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 III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member, South Bend Common Councill Sig r1irT Of and Council action on fj is isstit , Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2_1 at —o'clock—.M. City Clerk Approved and signed by me on the day of 2 at o'clock, _.m. ist READING PUBLIC HE ARING 3rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed >r; 120ON CouNir -Cry BmDjNG 227 W. JEFFFASON BLVD. SouTH BEND, INDIANA 46601 -1830 CITY OF SouTH BEND PETE BUTTIGIEG, MAYOR PHoNE 574/ 235-9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common Council 4'h 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 1s' 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 Find Pr: C4,ue c, AUG 21 20i jot C"yCLER3t; B d(),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 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 II. 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 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council 4 A bul 1q cl-n1h; to IN t"iQe en Signing � oppol It fog U Iijig and couna acjon on NIS Mue, 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. 15t REANING PUBLIC HEAIJ:ING 3,d RCAI)i ;!G NOT APPROVED fu',CRRED PASSED Deputy City Clerk Mayor, City of South Bend, Indiana Filed Irt 1 40113 CITY CLERK, "M400, W 120ON CouNrr -Crrr BoLDiNG 227 W. JEFPFRsoN BLVD. Source BEND, INDJANA 46601.1830 PHoNE574/235 -9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2013 Mr. Derek Dieter President, South Bend Common Council 4 °i 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 3 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, Mark �eal� City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Cristal Brisco, Corporation Counsel Filed in Cler.;.> AN Z ? M11 CITY CL UM, 40LIT i SEND IN Q:��A� o3, S�- k3 ORDINANCE NO AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1). The first North /South Alley East of Georgian 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. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana C.oie Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or Public places within the City. The following Ordinance vacates the above- described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: 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. 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, hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lot 71 "Hartman 5 Miller's Plat Tax Key Number 018 -5101 -3557 Lot 72 "Hartman S Miller's Plat Tax Key Number 018 - 5101 -3556 Lot 73 "Hartman s Miller's Plat Tax Key Number 018- 5100 -3525 Lot 74 "Hartman & Miller's Plat Tax Key Number 018 -5100 -3528 Lot 107 "Hartman & Miller's Plat Tax Key Number 018 - 5100 -3557 Lot 108 "Hartman & Miller's Plat Tax Key Number 018 -5100 -3526 Lot 109 "Hartman & Miller's Plat Tax Key Number 018- 5100 -3527 Lot 110 "Hartman & Miller's Plat Tax Key Number 018- 5100 -3530 Unplatted land Tax Key Number 018- 5102 -3579 SECTION IV. The purpose of the vacation of the real property is to allow for 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. � -o -a Member of the Attest: Common CoufiVil City Clerk ao«Z d um �:..- O',a'g. 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 o'clock M. MAYOR, CITY OF SOUTH BEND, INDIANA Ili MAD:K:G 0-t `I —h_3 PUBLIC WD RFERRED PASSED City Clerk day of , 2013, at :led in Clerk',_.. �.,.. . SF dib� r CITY CLERf PETITION TO VACATE PUBLIC ALLEYS AND STREET RIGHTS -OF -WAY TO: THE COMMON COUNCIL DATE: August 2, 2013 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: Alley Legals• 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. NAME (signed & printed) & ADDRESS Tax Key Number University of Notre Dame Du Lac 725 Grace Hall Notre Dame, Indiana 46556 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 CONTACT PERSON: Michael J. Danch NAME: Danch, Berner & Associates, Inc 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003 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 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, I ^- -� A 4 6 §Q (574) 235 -922 ''� �� (,o'r °„°,� Office J4,1 r.. ^r It 0 13 r JC },. +� CITY CLERK, Alley ls. 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. 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. Filed in Clerk's Offic .:_ t CITY CURK, wCEiBTH REND, IN edit S -P 2hi3 I CILF.'i.e S.Pr-N1J, IN VACATION DIAGRAM SLOT 14C p IS LOT e • d _.. __. gl l s 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 approximately 54.5 feet to its, termination point. All situated in the ``Hartman and Millerfs Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. County, Indiana. 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. Seals 1 "_1001 . DaKCk arnerdrAeeac tFT q Land Surveyors • Professional EnI Landscape Architects- Land Plan Office: (574)234 -4003 1 (000)594 -4003 • fox- (57 1643 Commerce Dive 5ou16 8enq IN NAPOLEON �Y --- -E"o.79 -- °� 1 --- STREET 1 a: 84' R W Ole- 5102 -3579 E O1B- 5102 3579 1 — — — vc 999_�9exa- Il_w — — — e r LO_ _sc am sex -ae L- P:... dTK v�u ar IpT Jx -- 'lar tor'] rn L ^• :� Pl.l: 2CSK P.'.'£ 39 .2 •si S.ai4 � z ° LOT I lcK IAV— wt i1O I'I J 5 WP EXISTING PUBLIC ALLEY aI toe. EXISTING TING PUBLIC ALLEY . I L07 LOT 21 LOT 37x $ y ; 8 5 LOT 5 BPSp IB I�R R - I _e S - ^W d LOT 19, Q P-, ' g �% I$ uI o s p S ePW'19' W N 22 g 5 ePSe't 04 ...L0,T.2.... .: le 11e.09'vvv a mLOT e_xl LOT 30 " . >' PbtoW o SePb le W' ge I ... .... .... 1 SLUI CLOT e °.. LOT 18 S W I 23 23W 1 LOT i t 5 W., y4 Qw• 9 ass9•m• t ee• f� o 29 (\ ne.m, 5 BPW IB W 8 u s�s4a'zi .w. nL. ..LOT. \� q 79 25 ' ,dW 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 approximately 54.5 feet to its, termination point. All situated in the ``Hartman and Millerfs Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. County, Indiana. 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. Seals 1 "_1001 . DaKCk arnerdrAeeac tFT q Land Surveyors • Professional EnI Landscape Architects- Land Plan Office: (574)234 -4003 1 (000)594 -4003 • fox- (57 1643 Commerce Dive 5ou16 8enq IN 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 *.0 18 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 Notre Dame, IN. 46556 Tax Key # 018 5100 3527 Beverly Bradley & Margaret Bradley 1123 Burns St South Bend, IN. 46617 Tax Key* 018 5100 3534 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5101 355801 Roger & Leslie Alford 1126 Burns South Bend, IN. 46617 Tax Key # 018 5100 3532 University of Notre Dame Dulac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5100 3530 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5100 3526 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5101 3557 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5101 3556 Highlineus PO Box 6397 South Bend, IN. 46660 Tax Key # 018 5102 357941 Century Builders Inc 229 Red Coach Dr Ste. 104 Mishawaka, IN. 46545 Tax Key # 018 5101 3566 Melissa Richey 1127 Burns South Bend, IN. 46617 Tax Key # 018 5100 3531 Northeast Neighborhood Revitalization 803 LlncolnWay W South Bend, IN. 46616 Tax KPv # 018 r)l nn 3F'iR Devon Builders LLC 17871 State Rd 23 South Bend, IN. 46635 Tax Key # 018 5100 3533 University of Notre Dame Dulac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5100 3525 Johnnie Johnson 1124 N Eddy South Bend, IN. 46617 Tax Key # 018 5101 3558 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5100 3529 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 ..- ....Iax_Key.# 41.8.5.1.02.357.9.07.. led in Ckrk'.s orpjc�� [tv,��s CITY CE.E6`iK„aUt 1*14 Vanch, Harner IS Associates, Inc, MICHAEL J. DANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4b6 Floor County -City Building South Bend, Indiana 46601 Land Surveyors . Professional Engineers Landscape Architects . Land Planners August 2, 2013 RE: Vacation Petition for the Alleys are described as: 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. 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, Michael J. Danch President Danch, Harner & Associates, Inc. File #130155 1643 Commerce Drive m South Bend, IN 46628 Office 574/234 -4003 m 800/594 -4003 ■ Fax 574/234 -4119 d pig VGrPCE _,.,..---- . — ----- . 208 West Mars m Berrien Springs, MI 49103 office 2691471 -3010 11 Fax 269/471 -7237 1316 COUNTY -CITY BUILDING 227 W .T6mssoN BouLEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS 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 Georgian Street and Burns Street,, South of Napoleon Boulevard from the East/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 Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of these alleys. will need a radius map showing properties within 150' of the proposed vacation for your tpetimtion to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering GARY A. GILOT DAVID P. RELOS Sincerely, Lindy M. Martin, C }erk KATHRYN E. Roos MICHAEL C. MECHAM MARK W. NEAT, PF,rvro nee o 0olveop -$m a F puapmc : GDr� S7 Rt?GTioa 0 F TOW J aJS�s VACATION DIAGRAM = a wre C a rA-e io /Y11 k,E P4AAc.N IM4C41 fhaeAVL t643 cammx,¢6,c Da Satiny $&,,v IAt 44( Zr 5 74 - 0o3 Alley Lagals• U 1). The first North /South Allay last of Georgiaoa Streat, West of i Street running North froa the first Past -West Alley South of Napoleon Street for a distance of approximateiy 54.5 feat to its, terminati , point. All situated in the "Hartman and Killer's Plat^, Naoordad in Plat Hook 7, Page 29, in the office of the recorder of St. Joseph j County, Indiana• !r 21. The first North/South Ailey East of Burns Street, Nest of Duey Avanua running North from the first East -Rest Alley South of Napolson Street for a distance of approximately 56 feet to its' tara+n -ti Point. All situated in the "Hartman and Killer's Plat ", Pi rdsd in Plat Book 7, Page 29, in the offimo of tha raoorder of, at. Jmaph .AC/A County, Indiana. i/lls'� Sale l" =100, rKe>Kar tee xc q Land Surveyors - Professional Engineers Landscape Architects -Land Planners on..: (s> +)21a —mw / (eoa1A0 +_+ppJ Fm: (SAILM -4110 twa rsmmeru pl,e awe &na. a +esze NAPOLEON U' 60Jp' - -` v — 64 R T I. Atzay 7a e IVA r -4 ?f PDL _ -_- • __ IIeF reps FLn 1 m, sa nx' m+x, a W. 1m m 10T _ EXITING_ PUMJC ALLEY m .' EXtS M PIAILIC ALLEY.. 88� I P LOT LOT 1 F LOT 20 A LOT 21 !DT 31 i a e OT i ..n er.... - -� I l o a LOT 19 0�-� _ al ... LOT 22 s rarce s s LOT b A o . t LDT iB I W s LOT OT 23 23 Y - tu LOT 117 •I . 24 . .0 ... ..\. -A T. ±..... w " . 4% +9. PROVED laf ri� . , �L3449 , LDr 25 _ N6 \� W d1e�EH Alley Lagals• U 1). The first North /South Allay last of Georgiaoa Streat, West of i Street running North froa the first Past -West Alley South of Napoleon Street for a distance of approximateiy 54.5 feat to its, terminati , point. All situated in the "Hartman and Killer's Plat^, Naoordad in Plat Hook 7, Page 29, in the office of the recorder of St. Joseph j County, Indiana• !r 21. The first North/South Ailey East of Burns Street, Nest of Duey Avanua running North from the first East -Rest Alley South of Napolson Street for a distance of approximately 56 feet to its' tara+n -ti Point. All situated in the "Hartman and Killer's Plat ", Pi rdsd in Plat Book 7, Page 29, in the offimo of tha raoorder of, at. Jmaph .AC/A County, Indiana. i/lls'� Sale l" =100, rKe>Kar tee xc q Land Surveyors - Professional Engineers Landscape Architects -Land Planners on..: (s> +)21a —mw / (eoa1A0 +_+ppJ Fm: (SAILM -4110 twa rsmmeru pl,e awe &na. a +esze Melinda Lercel From: Melinda Lercel Sent: Friday, July 19, 2013 3;10 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.si joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Notre Dame Attachments: Alley Vacation - Notre Dame.pdf Please provide your recommendations. Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercelesouthbendin aov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 htto: / /www.southbendin eov INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Andre Price, Solid Waste DATE SENT: 7119/2013 Jitin Kain, Community Investment Michael Mechem, Engineering Department Federico Rodriguez, Fire Department John Byorni, Area Plan Commission (ibvornioco.st- ioseBh.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (2mar�nO- nisource com) (FYI Only) FROM: Linda M. Martin, Clerk, SUBJECT: REQUEST FOR RECOMMENDATION — PROPERTY VACATION APPLICANT: Notre Dame Two (2) Alleys: 1 — The North /South Alley between Georgiana 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 southbendin aov RECOMMENDATIONS AND COMMENTS: ra BY �f' ��PP / /Gf Date 2Z Melinda tercel From: Eugene Eyster Sent: Sunday, July 21, 2013 1:39 PM To: Melinda Lercel; Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st joseph.in.us; Linda Martin Cc: Cheryl Greene; pmgriffin @nisource.com Subject: RE: Alley Vacation - Notre Dame Melinda, I 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 Prom: Melinda Lercel -- _.. - -- Sent: Friday, July 19, 2013 3:08 PM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @oo.stjoseph.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 southbendi n.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov Lercel 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 frodrieuOsouthbendin.eov _. -.._ _- 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 mlercel0southbendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 htto: / /Www southbendin eov From ]nKain Sent. Monday, July 2lJD2J1lJ6AM »o: Me/indaLe,oe| Subject: RE: Alley Vacation ' Notre Dame Favorable Recommendation. Thanks, From: Me!indaLence| �-- ------'-------------- Sent: Friday, July 19/20133:0RPM To: Andre Price; JibnKoin; Michael Mucharn; Federico Rndr�u���bvorni�k� hinm�EugeneExs�r «�C:CUery|Gnaene;pmghOin��n�ou�e.cuno ^ ' ~`/~"^'�� '— Subject., Alley Vacation - Notre Dame Please provide your recommendations. Thank you Melinda Lercek Department of Public Works Division vfEngineering (574)I35'9251 City of South Bend ZZ7VV. Jefferson Blvd. Suite 1316 County City Building South Bend, IN466Ol JNnwoin Alw Director, Planning Department u/ Community Investment (57*)235 '5835 City of South Bend 127vx Jefferson mm/, Suite z400S. South Bend, |w466o1 From: Me!indaLence| �-- ------'-------------- Sent: Friday, July 19/20133:0RPM To: Andre Price; JibnKoin; Michael Mucharn; Federico Rndr�u���bvorni�k� hinm�EugeneExs�r «�C:CUery|Gnaene;pmghOin��n�ou�e.cuno ^ ' ~`/~"^'�� '— Subject., Alley Vacation - Notre Dame Please provide your recommendations. Thank you Melinda Lercek Department of Public Works Division vfEngineering (574)I35'9251 City of South Bend ZZ7VV. Jefferson Blvd. Suite 1316 County City Building South Bend, IN466Ol Lercel From: Christa Nayder <CNayder @co.st joseph.in.us> Sent: Tuesday, July 23, 2013 3:50 PM To: Melinda Lercel Subject: Re: Alley Vacation - Notre Dame Attachments: Alleys S of Napoleon.doc Please see our attached recommendation Christa Nayder Planner Area Plan Commission 574- 235 -9571 cnayder(c'Dco.st -iose h in us >>> Melinda Lercel <mlercel@southbendin 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 miercel@southbendin.gov City of South Bend 227 W. Jefferson Blvd, Suite 1316 County City Building South Bend, IN 46601 htto:ULNww southbendin eov IMPORTANT N07ICEI 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 qPAREA EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 327 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING. SOUTH BEND. INDIANA 46601 (571) 235 -9571 July 24, 2013 City of South Bend Board of Public Works 13'' Floor, County -City Building South Bend, Indiana 46601 RE: Two (2) Alley Vacations Applicant: Notre Dame Location: 1. The north/south alley between Georgiana 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 east/west 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. & ROS ELAND W WW.STJOSEPHCOUNTYINDIANA.COM INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 7/1912013 TO: Andre Price, Solid Waste v Jilin Kain, Community Investment ,Achael Mecham, Engineering Department 5;Federico Rodriguez, Fire Department ✓ John Byorni, Area Plan Commission pijePh.h.us h.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmpriffinCd-nisource com) (FYI Only) FROM: Linda M. Martin, Clerk),,,r-, 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 / Imartinosouthbendin aov RECOMMENDATIONS AND COMMENTS: By Date �, n43 Substitute Bill No. 53 -13 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 by the 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 City employees. This Ordinance is in the best interest of the City and the affected non - bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation The maximum amounts to be paid as compensation for non - bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi- Weekly basis. Amounts by alphabetical position are set forth, as well as the annual salary for each position. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference (a) Holidays. Holidays designated by the Board of Public Works shall govern non - bargaining employees for the calendar year 2014. The provisions of the City's Personnel Policies and Procedures Manual as it may be amended from time to time shall apply and are incorporated herein by reference. (b) Vacations. Vacation for non - bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. (c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comprehensive 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) 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 City's comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty ($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 bythe 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. (j) 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. However, solely for purposes of qualification for health care benefits under the federal Patient Protection and Affordable Care Act (the Act) as amended, the definition of full time employee shall be the equivalent of that which is provided in the Act, and this Section shall not be construed to be in conflict with the Act. (b) Part-Time Employee. Part-time employees are those employees who are not assigned to a full -time status as defined by the City including those who qualify for health care benefits under the Act, but who do not meet the City's definition of full- time employee under subpart (a) of this Section, and who are scheduled to work less than the City of South Bend's full -time schedule. While they do receive certain mandated benefits (such as worker's compensation, social security benefits, and for some, health care under the Act), 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 Citys Personnel Policies and Procedures Manual and the Familyand 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. . nx - rra a I all Member of the Common Council mid coo ivli 2itail�• 1 C, C, {:$ 13uttVf 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. _Z3 -I3 l.1,,1 READING °l PU2UC 1-11t +RING 3rd REANIG r:cr APPROVED RE =ERRED PASSED day of Deputy City Clerk day of 2013, at Mayor, City of South Bend, Indiana t CITY CLERK,! �IVU A Ev fZt3; ! f 120ON CouNmOTY BUILDING 227 W. JEFFERSON BLVD. SouTH BEND, INDIANA 46601 -1830 OTY Op SOUTH BEND PETE BUTTIGIEG, MAYOR PRoNE574 /235 -9216 PAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE October 28, 2013 Mr. Derek Dieter President, South Bend Common Council 0' Floor, County -City Building South Bend, IN 46601 Re: Substitute Bill 53 -13 2014 Salary Ordinance for Appointed Officers and Non - Bargaining Employees of the City of South Bend Dear President Dieter: Attached is a substitute Bill #53 -13 which is an ordinance to fix maximum salaries and wages of appointed officers and non - bargaining employees of the City of South Bend, Indiana for calendar year 2014. The only change from the original ordinance in this substitute Bill is an amendment to the text of Section III which defines full and part time employees. This change is necessitated by the federal Patient Protection and Affordable Care Act which requires that employers offer health care benefits to employees who work 30 hours per week or more. The substitute ordinance language assures that South Bend is in conformity with the current version of the Patient Protection and Affordable Care Act. In addition, certain non - bargaining salaries on the attached schedule have been revised to reflect recent changes to the 2014 budget. I.will present this substitute 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. lad dtI >at r 7 Sincerely, F v'��j �WT� ara C ,F t tit r�} ;'..." u, r. •,... +�:;1; t; . 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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 City employees. This Ordinance is in the best interest of the City and the affected non - bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section 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 apply and are incorporated herein by reference. (b) Vacations. Vacation for non - bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. (c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comprehensive Major Medical Insurance 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) 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 bythe 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) Hirinq 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 bythe 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. G) Other Monetary Fringe Benefits All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time. Section Ill. Employee Definitions (a) Full -Time Emolovee. Full -time employees are those employees who are not in apart 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 Council acu e. �� a.�i GiiSlwSUe, .v,. 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 O'clock .m. 2013, at Mayor, City of South Bend, Indiana Flied in, t',,' ' c e xvCl�ra.. >v6,H BEND, IN I st READING R —L3 — 13 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED "SSED 120ON CouNTY-Crrr BtnLD7NG 227 W JEPPERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE Bu m.G1EG, MAYOR DEPARTMENT OF .ADMINISTRATION AND FINANCE September 18, 2013 Mr. Derek Dieter President, South Bend Common Council 4th 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 Clt"P rlLiiR {c, : u / { r,r NU, IN i `. i 120ON CODNTY -CITY BUILDEVO 227 W JEFFERSON BLVD. SOUTH 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 vY. �-o t5tti ,3 -l3 September 25, 2013 Mr. Derek Dieter President, South Bend Common Council 4`h 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 #53 -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, Mark Neal an Clare's r.,` ;:... 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AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2014 STATEMENT OF PURPOSE AND INTENT NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Q==L 10, 01- ( ao Member of the Common Cotihcil Attest: °Miltg Of t nB W11 is onty t0 p%' `>jje n J.tu r _b j.i9 and City Clerk LOunl;U acU0j, 0,1 t"gs 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 o'clock .m. in, R „D?.G q�7-3 -0 PUKIC !'? "'ii?;PIG 3 rd READ:NG NOT APPROVED REFERPED PASSED Deputy City Clerk day 2013, at City of South Bend, Indiana Filed r ='f CITY C4 0.iil, e i—azziJU,IN 200N CouNry -QTy BuLDjNG 227 W JEFFERSON BwD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9216 FAX 574/235 -9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 18, 2013 Mr. Derek Dieter President, South Bend Common Council 4n' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Concerning City of South Bend Teamster Wages For 2014 Dear President Dieter: Attached is an Ordinance to be filed in Title only concerning wages and other benefits for the City of South Bend's Teamster employees in calendar year 2014. The City is engaged in the collective bargaining process at this time, but expects and hopes to have a fully negotiated collective bargaining agreement approved by the City's Teamster employees by the deadline required by Indiana law for fixing compensation of all City employees in 2014. I will then provide Council members with a substitute version of this ordinance. 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. Filed i.iw.___._....: Iffice CITYCLERIE, 6QU M 131:ND, IN Sincerely, Mark Neal City Controller &� 0) , l 3 -(10q RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE NEAR NORTHWEST NEIGHBORHOOD QUALITY OF LIFE PLAN WHEREAS, in 2oo6, City Plan, a comprehensive plan for South Bend was adopted by the Area Plan Commission of St. Joseph County and the Common Council of the City of South Bend, which recommends that area - specific plans be developed for portions of the City to provide strategic direction in the future growth and development of that area; and WHEREAS, the Near Northwest Neighborhood, Inc. has undertaken the responsibility to prepare a Quality of Life Plan for the Near Northwest Neighborhood of South Bend; and WHEREAS, the Near Northwest Neighborhood Quality of Life Plan contains goals and action steps identified by the Near Northwest Neighborhood, Inc., Near Northwest neighbors and stakeholders in order to improve the quality of life within the neighborhood; and WHEREAS, the City of South Bend wishes to encourage residents to develop and implement plans that will have a positive impact on their neighborhood and the broader community; and WHEREAS, this Resolution supports the goals and aspirations expressed by the Near Northwest Neighborhood in its Quality of Life Plan, but any funding or staff support of specific terms or programs within the Quality of Life Plan will require separate review and budget appropriation consistent with South Bend's overall needs and funding availability; and WHEREAS, the Near Northwest Neighborhood is comprised of those properties that lie within the following boundaries: St. Joseph River to the east & north, the railroad tracks to the north & west, and Lincoln Way West & LaSalle to the south; and WHEREAS, the Near Northwest Neighborhood Quality of Life Plan, which is attached hereto and incorporated herein, contains elements necessary to strategically improve the quality of life in the Near Northwest Neighborhood, and is appropriate and in the best interest of South Bend and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I: That the Near Northwest Neighborhood Quality of Life Plan, a true and complete copy of which is attached hereto and incorporated herein shall be and hereby is approved. SECTION II: That any funding or staff support of specific terns or programs within the Near Northwest Neighborhood Quality of Life Plan will require separate review and budget appropriation consistent with South Bend's overall needs and funding availability. SECTION III: That this Resolution 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 y7- �fi f:Cir'iKxd V°attlliLYi 4iiillLii Qo7i� `�idW��, Filed 1, > : office OCT 21 2013 1 l C.3i'4 %i �. , � jEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. Soum BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR October 21, 2013 South Bend Common Council Fourth Floor County -City Building 227 W. Jefferson Boulevard South Bend, IN 46601 Re: Proposed Resolution for Near Northwest Neighborhood's Quality of Life Plan Dear Council Members: PHONE: 574/235 -9371 FAX: 574/235 -9021 Attached is a resolution approving and adopting the Near Northwest Neighborhood's Quality of Life Plan. As you know, South Bend's City Plan recommends the development of area specific plans for portions of the City to provide strategic direction in future growth and development for those areas. We are pleased to recommend this document, developed by the Near Northwest Neighborhood, for adoption. Either Pam Meyer or I will present this resolution. Please call Pam at 574- 235 -5845 with any questions. Sincerely, Scott C. Ford Executive Director L,ZUJ3 ASSISTANT EXECUTIVE DIRECTOR PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHRIS FIELDING JITIN KAIN PAMELA C. METER BROCKZEEB O Near Northwest Neighborhood Quality of Life Plan I'JSJ �-O fN3- - Acknowledgements Karen Ainsley Aaron Morris Julie Allee John Mynsberge Tom Anderson Dustin New Ed Baumgartner Mike Penta Lisa Boyd Nick Pittman Steve Cantu Ed Ruetz Ann Clark Kathy Schuth Peggy Clark Tim Scott Barbara Devereaux Theresa Sedlack Clark Glover Jeff Sobieralski Ned Green Jeff Stanifer Catherine Griffin Mary Turgi Susan Gruetman Lori Whaley Brook Hardy Linda Wolfe Michael Hebbeler John Horton Financial Support Ronda Hughes Michael Jindra Sisters of the Holy Cross AmyJonason PNC Foundation Steve Luecke Martin's Supermarkets Elizabeth Maradik Contents Executive The Near Northwest Neighborhood Story History...................................................................................................................................................................................................................... ............................... 10 NNN, Inc . ...................................................................................................... .................................. ............ ................. ...................... ...................... .................. ...... ....... 12 Demographicand Economic Story ..................................................................................................................................................................... ............................... 13 LandUse ................................................................................................................................................................................................................... ............................... 19 ExistingInitiatives .................................................................................................................................................................................................... ............................... 21 ResidentStories ...................................................................................................................................................................................................... ............................... 24 Assets........................................................................................................................................................................................................................ ............................... 25 Opportunitiesand Challenges ............................................................................................................................................................................. ............................... 26 Comprehensive Community Development Process ...................................................................................................................................... ............................... 30 Vision.............................................................................................................................................................................................................................. ............................... 33 ActionPlan .................................................................................................................................................................................................................... ............................... 35 Connections& Communicat ions ........................................................................................................................................................................ ............................... 35 QualityHousing ...................................................................................................................................................................................................... ............................... 37 Economic Opportunity & Redevelopment .................................. ............................... ec Infrastructure & Youth & Fami Ready, Se4 GO! The First Stec Every Year 63 63 Executive Summary Every few years residents and stakeholders need to come together to affirm a vision for the neighborhood and identify a strategic direction for the neighborhood over the next five years. This Quality of Life planning ensures that there is an intentional process that brings more of the neighbors into the conversation and discusses the changing context of the neighborhood in terms of assets and opportunities, then identifies an approach to the next five years that will move the neighborhood forward. In 2013, the Near Northwest Neighborhood, Inc. (NNN) engaged in such a comprehensive community development process, leading to the development of this Quality of Life Plan. Process The process began with organizing. Resident leaders and stakeholders in the neighborhood were trained in the comprehensive community development process and in conducting one -on -one interviews with neighborhood residents. A target of 100 resident interviews was set In the early months of 2013, the resident leaders and stakeholders set out to conduct those interviews, which resulted in the Report Back document and presentation. People were chosen to be interviewed if they were known to be a formal or informal leader in the neighborhood or were identified as someone who should be interviewed by another person who was being interviewed. The selection process was informal and based on networks of relationships rather than any formal sampling. With relationships built and interviews conducted, the neighborhood moved into deciding the vision for the neighborhood and the work ahead of them in developing action plans. The vision was affirmed and ideas were developed around six key areas identified in the interviews: Connections and Communications, Quality Housing, Economic Opportunity & Redevelopment. Safety, Infrastructure and Connectivity, and Youth and Families. Action planning teams were formed and tasked with developing goals and action plans around the six key areas. With action plans complete, the neighborhood moved toward action — finalizing the Quality of Life Plan; rolling it out to the neighborhood residents, business owners, and other stakeholders; and asking the City Council for approval of their efforts. Then the real work of implementation and evaluation begins. Goals Goals were established by resident -led action planning teams for each of the six key areas identified, the goals are presented here and can be found with their action plans in the Action Plan section of the document. Connections & Communications • Develop a new block captain program to facilitate increased positive interactions between neighbors, covering 90% (at 50) of the neighborhood by 2018. • By October 2014, establish a landlord contact list with the intention of bringing landlords into better communication with the neighborhood, improving contact with new neighbors, keeping properties up to code, and raising awareness of the Quality of Life Plan among non - resident landlords. Quality Housing • Reduce the negative impact of at least 95 vacant and abandoned or substandard housing units in Census Tract 6 by strategic rehabilitation of single family homes, production of quality market rate and affordable rental housing, demolition and redevelopment and other measures by end of 2018. • Increase the knowledge base and accountability of landlords and tenants in the neighborhood to improve rental property maintenance and reduce the number of nuisance rental properties. • Improve the condition and appearance of 3 -5 structurally sound properties through needed repairs and maintenance each year. Economic Opportunity & Redevelopment • Engage in the city's initiative for Lincoln Way West • Adopt a Portage Corridor Vision Plan with a particular focus on the area between Golden Avenue and Van Buren Avenue by 2015. • Restore the Ford distribution building site at 906 -908 Portage Avenue to provide affordable rental housing and first floor commercial development Safety • Create a neighborhood campaign to add a working porch light and one motion activated security light to 100 households as part of a pilot program to deter property crimes throughout the near northwest by January 2015. • Improve neighborhood safety by designing an awareness campaign (to launch by April 2014) to inform neighbors on street light operations and maintenance in the near northwest. • Establish a quarterly 'crime awareness' training seminar program to teach neighbors how to be more observant of crimes and crime opportunities. Infrastructure & Connectivity • Improve connectivity within the neighborhood and between the near northwest and downtown South Bend and other South Bend points of interest through investment in bike and pedestrian infrastructure. • Improve bike and pedestrian safety at key intersections throughout the near northwest by installing crosswalk safety features in 2016. Improve the character of the neighborhood by adding 10 park benches and planters to key locations by 2016. • Establish a neighborhood tree planting initiative to encourage planting of certain flower, frum and heritage trees. • Establish a long -term plan to identify and repair sidewalk and curb hazards in the neighborhood by July 2014. Youth & Families Engage more neighborhood youth in structured activities in the neighborhood and broader community. Engage neighbors in activities to promote healthy lifestyles. Facilitate connections among diverse groups of the near northwest residents. Introduction The Near Northwest Neighborhood, Inc. has a long history of resident engagement and participation, collaboration within the neighborhood, addressing neighborhood needs, and building on the many assets of the neighborhood. In this way, the" theory of change" associated with comprehensive community development is already ingrained in the neighborhood. Every few years, though, residents and stakeholders need to come together to affirm a vision for the neighborhood and identify a strategic direction for the neighborhood over the next five years. This Quality of Life planning ensures that there is an intentional process that brings more of the neighbors into the conversation and discusses the changing context of the neighborhood in terms of assets and opportunities and then identifies an approach to the next five years that will move the neighborhood forward. In 2013, the NNN, Inc. engaged in such a comprehensive community development process, leading to the development of this Quality of Life Plan. The process began in late 2012 with organizing. Resident leaders and stakeholders in the neighborhood were trained in the comprehensive community development process and in conducting one -on -one interviews with neighborhood residents. In the early months of 2013, the resident leaders and stakeholders set out to conduct more than 130 interviews, which resulted in the Report Back document and presentation held March 91h. With relationships built and interviews conducted, the neighborhood moved into deciding the vision for the neighborhood and the work ahead of them in developing action plans. The vision was affirmed and ideas were developed around six key areas identified in the interviews: Connections and Communications, Quality Housing, Economic Opportunity & Redevelopment, Safety, Infrastructure and Connectivity, and Youth and Families. From the summit on May I I th action planning teams were formed and tasked with developing goals and action plans around the six key areas. The teams spent the summer developing those goals and action plans. As fall was setting in, the neighborhood moved toward action — finalizing the Quality of Life Plan; rolling it out to the neighborhood residents, business owners, and other stakeholders; and asking the City Council for approval of their efforts. Then the real work of implementation and evaluation begins. While much of the work identified in the action plans includes NNN, Inc. as a responsible parry, the plan is not a work plan for the organization staff. Rather NNN, Inc. should serve as the coordinating organization that brings people together, through its committees, to do the work of the plan. In some cases this may mean new committees or expanding the membership of committees to accomplish the work of the action plans. Some of the work is simply carrying forward the work that NNN, Inc. already does and requires staff assistance or leadership. Even with some of these tasks there will need to be assistance from committees and other volunteers to make the plan a reality. There is also a substantive role for various parts of city government, particularly the Department of Community Investment, Department of Engineering, Department of Code Enforcement, and the Police Department and their assistance will be needed in order for the neighborhood to achieve its vision. The Quality of Life Plan and the comprehensive community development process are dynamic, rather than static. Each year the NNN staff, board, and committees (as well as other responsible parties) should use the plan to develop their annual work plan. Each year progress toward goals should be evaluated to determine what has been done (and celebrate accomplishments), what has not been completed and why, and what changes are appropriate given the ever - changing context of the neighborhood. During implementation of the plan new residents and business owners should be brought into the process, updated on the Quality of Life Plan, and encouraged to join in action on the plan. New and existing residents should have input into the ongoing implementation of the plan. New ideas and opportunities can be integrated into the plan as they become apparent and have support from the neighbors. This plan is a plan of action, developed and led by the near northwest residents and stakeholders who have captured what they want to happen to improve the quality of life in the near northwest neighborhood. It begins with the story of the near northwest neighborhood and ends with detailed action plans for achieving the neighborhood vision. NEAR NORTHWEST STORY The Near Northwest Neighborhood Story Boundaries The near northwest neighborhood is bounded by the St. Joseph River, LaSalle Street and Lincoln Way, and the railroad right -of- way /proposed rail - trail. It is just northwest of downtown South Bend. History Its history dates back to the late 1600s with the discovery of the St Joseph River and creation of the Portage Trail, a major trade route used by French explorers and Native Americans who passed through the area. In 1820, the settler Pierre Navarre, the first European resident, built the first permanent dwelling in the current Leeper Park. Mr. Navarre was of French descent well educated, and moved to St. Joseph Country from Monroe, Michigan in 1820. At the time of this move, Mr. Navarre was an agent for the American Fur Company. Prior to Mr. Navarre settling in St. Joseph County, he had trapped and traded furs among the Native Americans that lived in the area. But, in 1820 he decided to permanently reside in South Bend and open a standing trading post Soon others followed and South Bend grew quickly. During the late I800s and early 1900s the city expanded to incorporate the area we now know as the near northwest neighborhood. The near northwest is home to Leeper Park with its fabulous scenic views of the St Joseph River. Listed in the National Register of Historic Places in 2000, it is the City's first planned park and features a historic duck pond and a I4 -court Tennis Center that is home to the citywide championships. Part of the City- Beautiful initiative the Michigan Street Bridge was designed by local engineer, Charles W. Cole, in 1914. It was designed to complement the development of Leeper Park. Crossing the St Joseph River, the Michigan Street Bridge features wide arching spans with pier pilasters that rise from a pedestal base. The pilasters have decorative scrolls at the top and connect to open arch balustrade rails, adding to the beauty of the span. The decoration of the bridge is based on George Kessler s designs. Kessler designed Leeper Park and other beautiful parks and bridges in the Midwest The Bridge is constructed of cement and smooth -cut Bedford Limestone. Since 1967, the annual Leeper Park An Fair has featured local, regional and national artists and artisans each June. Other neighborhood parks include Brownfield, Muessel Grove and Shetterley parks as well as the southern gateway to the Riverside Trail. Brownfield Park, named after the Brown family, is at the northern border of the Near Northwest along Angela Boulevard, and adjacent to the Riverside Historic District It has a basketball court tucked in at one end, swing sets for the kids at the other end, and a large open meadow used for football and soccer practices. Muessel Grove Park is at the western edge of the near northwest along Vassar Ave. at Wilbur Street The park is named for the family that operated a local brewery adjacent to it: in addition the family owned some of most prominent houses in our neighborhood. The park features a grove of tall oak trees providing shade for summertime activities. It also has two baseball diamonds, a basketball court, a pavilion and lots of picnic tables. The soccer field is Lf used by local schools and neighborhood children. Shetterly Park is located along Riverside Drive which connects one historic district to another. It is a quiet park to enjoy the panoramic views of the river. This charming neighborhood features four historic districts, Chapin Park, Riverside Drive, North St. Joseph Street and River Bend. Each one features homes of different genres and architectural styles. Chapin Park is both a National and Local historic district and includes Gothic Revival, Second Empire, Shingle, Queen Anne, Prairie and Eclectic Revival architecture. It was home to the leading citizens of the day. Restored turn -of -the century mansions are now home to a diverse community of homeowners who enjoy the easy access to downtown, parks and the river. Old houses and young families flourish in the near - downtown neighborhood that was once called "The Gold Coast" Drive through the Riverside Drive Historic District and you will be engulfed by the beauty of this neighborhood on the northern edge of downtown. The sparkling river, lush river bank and elegantly designed historic homes are an absolute delight. Plus there are parks on each end and in the middle of the district, and you're within minutes of downtown. This neighborhood contains a variety of popular residential styles including Queen Anne, Prairie, Colonial Revival and other period revival structures. The oldest house in the neighborhood is the 1890s Chapin House, which was moved to 1007 Riverside Drive in 1912. The North Saint Joseph Street local historic district is adjacent to the River Bend District. It was established by the Common Council of South Bend in 1998. It is located immediately outside of the plat of the original town of South Bend. Throughout the 19th century it remained undeveloped, and marked by a steep hillside overlooking the bottomiand where the failed Kankakee Mill Race emptied into the St Joseph river. Until the 18705, this vicinity was occupied by only a few agricultural buildings. By 1912 the neighborhood between St. Joseph Sweet and Marion Boulevard (now Riverside Drive) was nearly half full with 39 houses having been constructed. The River Bend local historic district was designated by ordinance in 1992. It is a collection of buildings reflective of a specific era of South Bend's architectural development - the commencement of the 20th century until just after World War II. The majority of the houses were built between 1903 and 1920. This district is located immediately to the north of the original town of South Bend. The area was platted in 1903 by real estate developers Leslie Whitcomb and Seth Hammond as Hammond & Whitcomb's Addition. This addition contains all of the area between Bartlett Street, Riverside Drive, Marion Street. and North Saint Joseph Street Near Northwest Neighborhood Signature Events: NNN, Inc. The Near Northwest Neighborhood, Inc. (NNN) was founded in 1974 as a private not - for- profit 501(c)(3) tax exempt organization. NNN, Inc. is a community development corporation (CDC). It is also a member organization and membership is offered to all business and property owners as well as residents. Members are encouraged to participate in activities and committee work Volunteers are a critical part of NNN's success as officers, board members, and committee members are not compensated. The NNN Inc. residential development efforts include the acquisition of housing structures and adjoining lots. After extensive renovations of existing homes and new construction, its homes present a high quality product NNN's affordably priced homes can be purchased using down payment and financial assistance programs. • Annual Meeting — Early each year the NNN holds its Annual Meeting & Breakfast with the Mayor.. This popular and well attended event showcases NNN's accomplishments and provides an opportunity to interact with City officials, community businesses and neighbors. • Adopt -a -Block — Held yearly in conjunction with Earth Day, this annual event is on a Saturday morning in mid - April. This resident driven litter reduction program provides the neighborhood with its yearly spring cleaning. • Chili Supper —This event, held annually in March, is a great way to welcome spring, catch up with friends and meet new neighbors. The NNN Board and neighborhood residents are the "chili makers" for this delicious, fun event • Garden Walk— Held bi- annually in July, the NNN Garden Walk is bursting with color and creativity. Residents prune, coax and sweet talk their flower and vegetable gardens to be at their best Neighborhood green space is also included. • Arts Cafe - Annual event held the first Sunday of November each year. Arts Cafe opens up recently rehabilitated properties to showcase their character. The homes provide a unique backdrop for artists, musicians, and culinary specialists. Demographic and Economic Story Numbers alone don't tell the story of a neighborhood. However, they can provide useful insights on how the neighborhood may be viewed from the outside and some of the underlying facts behind what is actually happening in the neighborhood. The near northwest is different than many neighborhoods in how diverse it is in nearly every demographic, economic, and housing measure. The near northwest has more working age adults than any other age group. Most of the residents in the neighborhood are between 25 and 64 years old. i ne largest single age group is is to i4, or young adults. Age Distribution (NNN Census Tracts) 700 600 500 400 300 200 100 0 P Y P N m p N N V n Z d N g 8 3 «° O N W L O N O Yf M N O N N 9 � y N 0) The near northwest is also a racially diverse neighborhood. Approximately 60 percent of the neighborhood is white, one -third is African - American, and 6 percent identifies as some other race. This is much more diverse than the city of South Bend as a whole. Anecdotally the icate as there are differences in the predominant race east and west of Portage. Racial Distribution NNN Census Tracts 0%0%l0% 1% 6% ■ White ■ Black o American Indian egsian ,t Native Hawaiian Some Other Race ■Two or More Races The educational attainment of adults over age 25 is fairly evenly distributed across categories. Some adults in the neighborhood lack a high school education. Together these groups account for 20 percent of the neighborhood. High school graduates are another fifth of the neighborhood adults. Nearly 30 percent of the adults in the neighborhood have a Bachelor's degree or higher. The remaining 30 percent of the neighborhood adults have some college experience, approximately a third of those having completed as Associate's degree. Educational Attainment (NNN Census Tract) Income Distribution (NNN Census Tracts) ■ Less than 9th Grade 2%0% ■ Less than $10,000 0$10.000- $14,999 ■ 9th -12th Grade, no -8% Diploma s $15,000 - $24,999 n High School Graduate s $25,000 - $34,999 16% s a'- Some College, no Degree $35,000 - $49,999 18% - ° - .; -� -� $50,000 - $74,999 9% - = 2 -' Associate's Degree 8% ■ $75,000 - $99.999 Bachelor's Degree 8% _ F - - - -' -' $100,000 - $149,999 $150,000 - $199,999 n Graduate or professional $200,000 or More degree There is also a broad income range in the near northwest. 24% of households have an income under $15,000 per year. A person working full time at a minimum wage job (currently $7.25 per hour) would make approximately $15,000 per year. 35 percent of the near northwest households have an annual income over $50,000. In 2011, the poverty threshold for a two person household was $14,657. IS Units in Housing Structure (NNN Census Tracts) ■ Built 2005 later 0% I% 0% 'l or 1%1 ■ 1 unit detached - ■ 1 unit attached 7 e it 2 units €8 c 3-4 units % r1,- 5 -9 units _ r, :, 10 -19 units ■ 20+ units 3% Mobile home Boat RV, van, etc. Housing Size (NNN Census Tracts) ■ No bedroom ■ I bedroom 0 2 bedrooms t+3 bedrooms 4 bedrooms 5 or more bedrooms More than 60 percent of the housing units in the near northwest are single - family detached homes. Nearly 20 percent have two units per structure, which may include conventional duplexes or single - family homes divided into two apartments. The remainder is fairly evenly split between small multi - family buildings with 3 -4 units and larger apartment or condo buildings with 20 or more units. Many Indiana communities have a larger percentage of single - family homes, however the near northwest neighborhood's proximity to downtown, the hospital, and Notre Dame explain the larger share of multi - family units. One of the most attractive elements of the near northwest neighborhood is the historic homes. Not surprisingly, 77 percent of homes in the neighborhood were built prior to 1940. While older homes are generally well built they can have problems of deferred maintenance on major systems like roofing, heating and cooling, plumbing, and electrical that decreases the value of the property. Housing Age (NNN Census Tracts) 1% 1% 4% ■ Built 2005 later or ■2000 -2004 ? - r 1990 -1999 c 1980 -1989 1970 -1979 77% 1960 -1969 ■ 1950 -1959 1940 -1949 Built 1939 or earlier Two- and - three - bedroom homes are most prevalent in the near northwest, with three- bedroom being the most common. Homes are nearly evenly split between owner - occupied and renter- occupied. Nearly half of the homes in the near northwest are valued between $50,000 and $99,999. Another 30% are valued below $50,000. Homes valued over $200,000 are rare in the near northwest despite the large, historic nature of many of the homes. Common rents in the near northwest are between $500 and $749 per month (55% of units). Nearly a quarter of the housing units for rent have rents between $750 and $999 per month. Nearly one - quarter of owner - occupied households (both with and without a mortgage) are cost - burdened, meaning they pay more than 30 percent of their HousingTenure (NNN Census Tracts) 40 ■ Owner occupied ■ Renter occupied household income for housing, taxes, insurance, and utilities. Nearly 60 percent of renters are cost burdened, paying more than 30 percent of their income for housing. Data from the National Low Income Housing Coalition demonstrates that there is need for more affordable housing units for low income households in the City of South Bend. Housing Value (NNN Census Tracts) 0% I% �I ■ Less than $200 - ■ Less than $50,000 24% ■ $50,000 - $99,999 '1,6 °– t 9$100,000- $149,999 s $150,000 - $199,999 $200,000 - $299,999 $300,000 - $499,999 .�� z $504000 - $999,999 °. $1.000,000 or More Gross Rent (NNN Census Tracts) 3% 0% 6% 12% ■ Less than $200 - ■$200 -$299 24% s $300 -$499 z $500 -$749 $750 -$999 $1,000 41,499 .�� •$1,500 or More Qom; ?A MT The homes in NNN an attractive and were built v 'F great materials and qual iii Land Use The dominant land use in the neighborhood is residential. As noted in the history section, much of the neighborhood is in one of four historic districts and there are many historic homes in the area. The development pattern in the area is primarily short blocks arranged in a grid pattern with large homes on relatively small urban lots. The block pattern varies somewhat in the area between the river and Portage Avenue, with a more rigid grid pattern between Portage Avenue and Lincoln Way West Parking is generally in the rear of the home, rather than an attached front - loading garage. Commercial uses are scattered along Portage Avenue and are the dominant land use on Lincoln Way West Portage Avenue runs diagonally through the neighborhood, while Lincoln Way West forms the southern boundary of the neighborhood. The east side of the neighborhood is home to Memorial Hospital and South Bend Medical Foundation and its associated buildings and parking facilities. Leeper Park and the area along the south bank of the St Joseph River are in park use. Madison Primary Center is a school located adjacent to Leeper Park. The western boundary of the neighborhood is the rail corridor that presents an opportunity for future rails to trails, parallel to Diamond Avenue. Streets in the neighborhood generally have sidewalks and most of the neighborhood is very walkable. Downtown South Bend is within reasonable walking distance and there are sidewalks connecting the neighborhood to downtown. South Bend Near Northwest Zoning GENEILV I'SEUISINICIS SYMBoI, NdJm11A DMlkn kFrrnlv_a IT 4-0, ?In4Rarruh +l'rinn tivu6n UFI _ f ammrrtlal: plM1rvl l'v U4Ulow _ _ _ tll rUUlla_ _ _ _ OU o0ko..:.. fit—_- —___. t 111 me• U u _ __ -T,n T InnurvFla uwnn. raal LxFrau:d pl % and FWI Dm'dapmxnw NU Pnla„n... Ul FV UFIticic IIY. I' Legend Zoning MF2 ZONING _MU _OB -D CBD - OB - GBH PUD _ GI SFI - LS SF2 ®U U MF1 20 Existing Initiatives Vacant and Abandoned Properties The issue of vacant and abandoned properties has been a major concern for South Bend and cities like us throughout the Midwest. The economic shocks of past decades, combined with population shifts and changes in the housing market, have combined to leave communities like ours with more homes than families can fill, and many teetering on the brink between demolition and rehabilitation. In 2011, Mayor Pete Buttigieg convened a group of city and county officials. private sector practitioners, and neighborhood advocates to form a working group on this polity challenge. Co- chaired by academic expert Jim Kelly from the Law School of the University of Notre Dame, this group took on the dual challenge of analyzing the dimensions of South Bend's problem, and assessing the elements of a comprehensive solution. The result of this yearlong effort was the Vacant & Abandoned Properties Taskforce Report The City of South Bend's Department of Code Enforcement conducted a citywide survey of all homes in the spring of 2011 to identify vacant and abandoned properties. Code Enforcement used the following definitions for its survey: • Vacant property — no one has lived in the house for at least 90 days • Abandoned property— the home is vacant (according to above definition) AND has a code violation that has not been addressed for more than 30 days. South Bend Home Improvement Program The South Bend Home Improvement program is available to homeowners whose income does not exceed 80 percent of the area median income on a one -time basis. This program may be used for roof repair, plumbing, heating, electrical, structural repair, or removal of lead -based paint for projects exceeding $1,500. South Bend Central Development Area This redevelopment area includes the portion of the Near Northwest that is east of Lafayette. The area includes a Tax Increment Finance (TIF) district as the "Downtown Medical Services District' allocation area. Redevelopment areas are under the jurisdiction of the Redevelopment Commission. Y] Leeper Park Art Fair The Leeper Park Art Fair is sponsored by The St Joe Valley Watercolor Society. This event is held annually in June and draws many people to Leeper Park to view the work of 120 artists work in several media. The 2013 Arc Fair was the 46th annual event Garden Walk Held bi- annually in July, the NNN Garden Walk is bursting with color and creativity. Residents prune, coax and sweet talk their flower and vegetable gardens to be at their best Neighborhood green space is also included in the walk. Greenspace roduce new public green spaces, while maintaining existing green maintenance of three neighborhood gardens. These include the !orner Garden at Lamonte Terrace and Lafayette Blvd. and the Avenue. These public green spaces enhance the beauty of the he quality of life. They bring a feel of tranquility to the Garden, a community flower garden, is in the center of the 1 by Portage, Sherman and Vassar Avenues. Designed by rest it offers spring, summer, and autumn color in the adopt -a -Block Adopt -a -Block is held yearly by the NNN, Inc. in conjunction with Earth Day, on a Saturday morning in mid - April. This resident driven litter reduction program provides the neighborhood with its yearly spring cleaning. Arts Cafe Arcs Cafe is an annual event held the first Sunday of November by the NNN, Inc. Am Cafe opens up recently rehabilitated properties to showcase their character. The homes provide a unique backdrop for artists, musicians, and culinary specialists. Chili Supper The NNN Chili Supper held annually in March, is a great way to welcome spring, catch up with friends and meet new neighbors. The NNN Board and neighborhood residents are the "chili makers" for this delicious, fun event. Resident Stories Becky Kaiser Fifty years in basically the same place! Yes, I can actually say that I've lived in the near northwest for 50 years. Some people would ask why. Roots run deep in the near northwest. I not only grew up in this neighborhood, but have made my home on Diamond Avenue for the past 30 years. I love the near northwest! Neighbors are a diverse group economically, racially and educationally, but we rake advantage of every chance to come together to make this a safe, secure and lovely neighborhood. We may not always agree, but we listen to one another, as is evidenced by the Quality of Life planning initiative started this year. We are a model of what can be done when neighbors to work together. I can't think of a place in South Bend that offers more advantages- its location to Downtown South Bend, Notre Dame, multiple museums and its parks and green spaces. Why do I live in the near northwest neighborhood? Because who wouldn't want to! Linda Wolfe Through the contagious enthusiasm of current near northwest neighbors, I was drawn to leave an affluent South Bend condominium complex one and one half years ago and purchase a home in the near northwest This was one of the best decisions I have ever made for my life. Living in the near northwest gives me the forum to express my passion for community life. The resident mix is comprised of diverse ages, nationalities, backgrounds and talents, all of which serve to make this an ideal location for living new experiences. We stay closely connected through conversations on our porches, street corners and community gatherings. We barter skills to meet our household needs. This is a neighborhood that takes care of each other. Each and every day, I strive to do something that makes the neighborhood even better than it was the day before. Through endless opportunities for personal involvement. I am able to choose the areas of service in my community that reflect my personal interests. I am extremely proud to be a part of the near northwest neighborhood. 24 Assets Assets are the physical, institutional, and social places and events in the neighborhood —the things that contribute to making the neighborhood a good place to live, work, and play. There are a number of assets that are not places or events, which define the relationships in the neighborhood and what it means to be a neighbor. They are the assets of people or the neighborhood culture. PEOPLE • Informed citizenry • People willing to be active • People who are willing to work for change • Diversity • Neighbors watching neighbors to keep each other safe SOCIAL • Leeper Park An Fair • Arts Cafe • Adopt -a- Block • Garden Walk Opportunities and Challenges One of the questions asked during the one -on -one interviews in the neighborhood was what the opportunities were in the near northwest neighborhood. The comments made during the interviews were grouped and summarized into themes that communicate similar comments. The themes identified were: • Near northwest residents and stakeholders believe many opportunities exist to beautify, green and reinvent the neighborhood. The neighbors believe there are opportunities in existing vacant lots, as well as the ones that will be created when vacant and abandoned homes are removed. Residents look forward to creating green space for community gardens, side lots for homeowners, play areas for children and opportunities for housing development There is an additional desire to see rails to trails expanded through the abandoned railroad tracks and a connection to Riverside Trail established. • Near northwest residents want to participate in an array of community events, from block parties, to events that draw community wide participation into the neighborhood. At the heart of the opportunities discussed, is social interaction and sharing in common interest and relationship with neighbors. • Near northwest residents feel there are opportunities to cultivate interest in the neighborhood by marketing its many amenities. Some of the opportunities include promotion through local employers, such as Memorial Hospital and the South Bend Medical Foundation, the better use of social media, exposing more professors, faculty and staff at local universities to the neighborhood, and even the use of neighbors to write testimonials to market a personal perspective of the area. • Near northwest residents see many opportunities to create vibrant business districts. Residents believe the following locations present opportunities, the Martin's plaza, the vacant lot in the 800 block of Portage, the commercial enterprises near Portage and Elwood, as well as Lincoln Way West commercial corridor. Residents see an opportunity to create a walkable, friendly commercial node that could provide a friendly shopping experience and gathering spots in coffee houses or restaurants. • Near northwest residents and stakeholders would like to see neighborhood youth involved in a variety of positive activities. They feel opportunities exist to use the Kroc Center, to mentor youth, to engage the elderly to interact with youth, and create a recreation center at Pinhook park. • The Mayor's Vacant and Abandoned Property Initiative brings an opportunity to focus on the issue of vacant and abandoned properties that are impacting the neighborhoods stability. Neighbors also value the opportunity and want to continue to create venues to meet city officials and department heads. Neighbors believe an opportunity exists to coordinate efforts with the county to purchase tax delinquent properties. • Near northwest residents and stakeholders feel there is an abundance of opportunities to partner with a variety of local organizations. Residents believe there is an opportunity for neighborhood employers such as Memorial Hospital, South Bend Medical Foundation and Notre Dame to work with the NNN, Inc. to influence the city to revitalize the area. Additionally, residents feel the neighborhood has allies in local organization such as Martin's Supermarket and South Bend Heritage Foundation. The idea of partnership makes sense to residents, because if the neighborhood improves it is good for everyone. • Near northwest residents believe more interaction with police makes the neighborhood stronger. Residents feel the new police chief will bring experience and knowledge from other communities that will prove to be an opportunity for the neighborhood. Additionally, there is a desire for more educational opportunities, such as crime prevention techniques and information on how to set up a neighborhood watch program, as well as more frequent interaction with the police through bicycle patrols and possible police substations in existing neighborhood buildings. • Near northwest residents and stakeholders feel there is an opportunity to make a positive change in the neighborhood through the improvement of street, lighting, curbs and sidewalks, similar to what recently occurred on Diamond Avenue. Neighbors feel park benches would be welcoming in parks and at various neighborhood locations, feeling they could be made by craftsmen in the neighborhood. • To improve the neighborhood environment, neighbors believe grant opportunities should be identified and shared. Neighbors have interest in becoming aware of available resources to assist with thing such as home improvement, voucher programs for schools, public internet access for residents, and grants to continue housing redevelopment in the neighborhood. • Near northwest residents and stakeholders want to see improvements along major commercial corridors. They believe opportunities exist to redevelop the area near Lincoln Way West, Portage Avenue, the Ford Distributing Building, better utilize the South Bend Civic Theatre building and make infrastructure improvements in sidewalks and lighting that would enhance the existing business nodes. • Near northwest residents feel the area is filled with caring individuals that want to make a difference in the neighborhood. Residents feel the opportunity for community involvement is high and that organizing residents around specific neighborhood improvement goals is needed. • Near northwest residents and stakeholders want to have desirable rentals in the neighborhood. Residents see opportunities to identify market niches for prospective tenants, create incentives to live in the city and develop landlord inspection programs to assure housing is in good condition. • Near northwest residents and stakeholders believe everyone should be valued and diversity celebrated. Opportunities to integrate programs such as Bridges out of Poverty and finding ways to reach out that cross over racial and economic boundaries is desired by residents. • Near northwest residents want to support a local economy when they buy goods and services. Residents feel opportunities exist to support startup businesses and create sources that provide quality fresh local food products to the neighborhood. • To improve the opportunities for the neighborhood, residents feel a community center is needed. Residents believe when the NNN Community Space is completed, it will provide a benefit to the area. • Near northwest residents feel the realtors that work in the neighborhood should understand the benefits of the neighborhood and be in touch with the residents of the area. Residents feel there is an opportunity for realtors to reach out to minority populations. • Near northwest residents believe opportunities exist for the area because of its close proximity to the river. Some of the opportunities mentioned were a public boat launch and the extension of the River Walk to provide connectivity to the neighborhood. • Near northwest resident want a walkable connection to amenities in downtown South Bend. They believe an opportunity to develop safer walking and bike lanes would increase the foot traffic from the neighborhood into downtown. • Near northwest residents believe there is a need for more support for parents raising children. Residents feel opportunities such as moms or parenting groups would help strengthen family values and provide support to parents with young children. Those interviewed were also asked about threats to the neighborhood. Another way to consider threats is as challenges. The comments made during the interviews were grouped and summarized into themes that communicate similar comments. The themes identified were: • Neighbors believe crime, drugs and prostitution create an environment that is unsafe for neighborhood residents and fear it threatens the neighborhoods ability to attract residents and businesses to the area. • Neighbors believe the current high volume of vacant and abandoned properties in the neighborhood and throughout the entire community has created a level of disinvestment that threatens the neighborhood. They feel this coupled with the view that Code Enforcement is ineffective as an enforcement agency has led to lack of community pride. • Neighbors feel there is a high amount of substandard rental properties and reluctance by those in ownership to maintain the properties. This combined with the lack of any actionable oversight has created a lack of basic property maintenance, is threatening the neighborhood environment and creating conditions for irresponsible investors and renters to thrive in the neighborhood. • Neighbors believe the lack of job opportunities and businesses in the surrounding area threaten the economic vitality of the neighborhood. • Neighbors and stakeholders believe that a lack of financial resources for neighborhood improvements threaten the potential revitalization efforts of the neighborhood. • Neighbors believe there is a lack of support from city government and no plan for improvement of the neighborhood. Residents feel if it is not addressed it will threaten the neighborhoods future revitalization efforts and ability to transform. • The deteriorated condition of the neighborhood infrastructure such as curbs, sidewalks, streets and lighting make residents feel that a message is being sent to the community that no one cares about the neighborhood and it is not worth investing in. • Neighbors have observed a lack of police presence and slow response time in the neighborhood. Residents feel the perception of the police department is that the area is bad, so neighbors should not be surprised crime is occurring. A lack of understanding of the neighborhood environment and communication with the police department threaten its safety. • Neighbors feel that diversity is a key value of the neighborhood. Without a concentrated effort to bridge the gap between race, social, economic, gender, age and cultural differences comprehensive neighborhood improvement will be threatened and gentrification could occur. • Neighbors believe the opportunity for business development is occurring everywhere around the neighborhood, but feel threatened that the neighborhood is not considered in discussions of the vibrancy of downtown. 28 • Neighbors and stakeholders feel the negative perception of the neighborhood in the broader community is not aligned with reality of neighborhood life. • Neighbors believe the lack of investment by those living and working in the neighborhood to care for one another and the physical environment needs to increase for the desired changes to occur in the neighborhood. • Neighbors think the speed of traffic on both residential and major corridors in the neighborhood is excessive. This combined with street parking conflict with neighbors' desire of a pedestrian friendly neighborhood. • Neighbors' and stakeholders' belief that South Bend Schools are substandard and that its students are perceived as poorly or undereducated is causing residents and potential residents to choose other areas of the community to raise a family. • Neighbors feel property tax assessments are done arbitrarily and do not reflect the value of neighborhood properties. This needs to be corrected to maintain current residents' ability to stay in their homes and to attract new residents to the neighborhood. • Neighbors believe pre -teen and teenagers in the neighborhood are experiencing a lack of parental oversight combined with an unstable home life. This threatens the neighborhood quality of life due to the trouble experienced when unsupervised youth wander the streets. Comprehensive Community Development Process Comprehensive Community Development is designed to bolster efforts to improve quality of life, spur community building and guide dramatic transformation of a community that is facing challenges. It does so by capturing the vision of residents, turning goals into meaningful and measurable actions, and attracting the support of community development actors in implementing a resident- defined vision for the future of their community. Three overarching concepts, each of which is essential to comprehensive community development, separate this approach from traditional community development approaches: • Comprehensive Community Development is holistic in nature. Too often, community reinvestment efforts have been planned and executed without sufficient attempts to understand other efforts made by separate community development actors working to improve the very same communities. The result is often a scattered, patchwork approach that does not harness the collective energies and abilities of the many community economic development actors working in a particular geography. A coordinated, holistic approach by those community development actors already working within a community yields an impact that is greater than the sum of the many parts than could otherwise be achieved. • Comprehensive Community Development is based in a community's insets. Asset Based Community Development (ABCD) is a philosophy championed by community development scholars Jody Kretzman and John McKnight The nature of their research demonstrates that every community has innumerable assets in its people, social networks, institutional actors, physical assets, and modes of exchange that should be the foundational basis for any community reinvestment effort Too often, communities are seen as being made up of issues or problems that need to be 'fixed' rather than dynamic places of strength that needs to be harnessed. Comprehensive community development recognizes the assets that exist in communities and supports the further development of those assets to support a basis of all community building efforts. Comprehensive Community Development is resident -led. Community revitalization and reinvestment efforts are only successful when hundreds or thousands of private individuals, acting in their own interem make a private choice to invest in the future of their community; and while public and non - profit actors can take any number of actions to support the work of private individuals to improve their community, community revitalization only occurs when individual residents and business owners make the choice to invest in the future of their community. Too often, community reinvestment efforts do not achieve their anticipated outcomes because the good faith efforts made by actors within the community development arena fail to stimulate private residents and business owners to invest in their community; and many times, this is because the vision being implemented is not the vision of the residents but of the individual institutional actors. To achieve the fullest impact, a resident -led vision is needed to direct the efforts of the other actors that in turn will drive private decisions to invest in community. 30 The quality of life planning process is often recognized as three distinct and progressive stages. Communities first go through an organizing Process through which the process is designed, relationships are built, assets and issues are identified, social capital is created, and momentum builds toward the planning process. The second stage of the process is deciding upon the collective community vision for the future of the community and the actionable strategies that will be taken to achieve that vision. The final stage of the process is acting or implementing the goals, strategies and actions identified in the planning process. ACT Rol loutl End of the Beginning Implementation and Evaluation VISION Vision Near northwest neighborhood is a thriving, diverse, and attractive neighborhood with vibrant business districts and corridors providing local opportunities to work and build wealth, active parks and open spaces connected to the river, and numerous neighborhood and community events. It is a beautiful neighborhood that values and celebrates everyone, is walkable with strong connections between the neighborhood and jobs, and celebrates its rich .history with the work of local craftsmen and entrepreneurs. Youth are fully engaged in the life of the neighborhood, as are institutional neighbors like Memorial Hospital and Notre Dame. Near northwest is a neighborhood of cti!Ci;-e and seen as a highly desirable place to live, work, and play. Near northwest is a neighborhood of choice and seen as a highly desirable place to live, work, and play ACTION PLANS Action Plan Connections & Communications • The block captain programs currently utilized are focused on litter reduction efforts and crime prevention. • A newly formed and expanded block captain program would encourage block captains to interact with everyone on the block, spreading information, resolving conflicts, and developing a sense of connection and belonging. Neighborhood activities may be generated from relationships that are built through this program. rolelactivities Identify current block captains Identify and recruit new block captains Hold first (organizational) meeting of block captains Continue to recruit block • June 2014 • NNN Board • Statement of block captain role an activities • August 2014 • NNN Board • List of block captains with contact information • September 2014 • NNN Board • December 2014 • NNN Board • Ongoing to • Block captains December 2017 • At least 25 block captains identified • Meeting held with at least 20 block captain participants • 90% of neighborhood blocks are covered W Compile list of landlords in the near northwest Quarterly communication with the landlord list Quality Housing • The Indiana Good Samaritan Law: The name is a slight misnomer as the Good Samaritan Law generally refers to the limitations of liability for people who help strangers in the case of medical emergency, but in this case refers to IC 34- 30 -26 -5 which allows a person to do the following to a vacant or abandoned property: secure the property; remove trash or debris from the property; landscape, maintain, or mow the grounds; or, remove and paint over graffiti. • The South Bend Chronic Nuisance Ordinance was passed in June 2013 and will be effective October 15, 2013. It is designed to reduce the number of chronic nuisance properties in the community by imposing fines for excessive police calls, citations, and verified complaints against a property. • Census tracts are a geographic level in which the US Census Bureau releases data from the Decennial Census and the American Communities Survey. Census Tract 6 includes the area southwest of Portage Avenue, north of Lincoln Way West, and east of the former railroad right -of -way. • With the release of the Vacant and Abandoned Properties Task Force Report, Mayor Buttigieg announced the 1,000 Homes in 1,000 Days initiative to impact 1,000 homes within three years through demolition or rehabilitation. • Real Estate Investors' Association -North Central Indiana (REIA) was organized in order to protect the rights of investment property owners, to network and share information. The organization includes not just landlords, but also rehabbers, wholesalers, commercial real estate investors, contractors, vendors, and service providers who cater to the real estate investing industry. • Real Services has the responsibility of planning, developing, implementing and administering a network of services that are of high standards, are known, available and used by older adults and low income households in north central Indiana (Elkhart, Kosciusko, LaPorte, Marshall and St Joseph Counties). The ultimate objective of REAL Services is to assist in establishing a community in which those we serve can maintain their independence to the maximum degree possible and find meaning and satisfaction throughout their lives. • The South Bend Home Improvement Program ( SBHIP) provides assistance for home repairs based on the following order of priority: • Unsafe or hazardous conditions, including roof, electric, plumbing, heating, structural, and lead based paint • Handicapped accessible items • Gutters, doors, and windows The SBHIP is available to an applicant one time only and to a home one time only. Applications are screened on a first come, first served basis. Each deeded owner must sign the SBHIP application and pay the $5.00 fee. Once the completed application is received, the file is forwarded to the Program Processor for review. stock throughout the neighborhood. Use the housing assessment to create a comprehensive and collaborative Near Northwest Redevelopment Initiative Plan to address neighborhood stabilization and revitalization. Coordinate implementation of the Completed Redevelopment Initiative Plan Timelines in the Redevelopment Initiative Plan are met 38 developing the Redevelopment Initiative Plan and for ongoing rehabilitation and redevelopment by engaging major partners and stakeholders. Continue to develop new and rehabilitated high quality affordable housing. • Begun in 2014, • NNN Staff • Funding is secured from at I then ongoing partners by the end of 2014 • 2014 and ongoing • NNN Staff • NNN Property Development Committee Aggressively monitor the • 2014-2015 City of South Bend's investment in Census Tract b through the 1,000 Homes in 1,000 days initiative. Organize neighbors to 2014 and ongoing make use of the Good Samaritan Law for ongoing maintenance of vacant and abandoned properties or a maintenance "blitz" of a targeted area. Code Enforcement Collaboration Encourage the Department • 2014 and ongoing of Community Investment to partner with Code Enforcement to ensure that demolition is done in a • At least 4 properties are rehabilitated /constructed per year new • NNN staff • At least 87 properties are rehabilitated or demolished over 3 years with an average of 29 per year through the 1000 Homes in 1000 Days program • NNN • At least 3 properties are impacted per Environment year Committee • City of South Bend Code Enforcement • NNN Staff • Staff maintains contact with appropriate city officials Encourage the city to utilize a Demolition Prioritization Process as a tool for targeted demolition. Strengthen working relationships with Code Enforcement by conducting quarterly open neighborhood meetings with Code Enforcement officers to: • Access updates and give feedback regarding both vacant and abandoned and nuisance properties; convey information to residents regarding City Code and code enforcement issues to encourage active reporting of code violations; inform residents of Code Enforcement tools and resources like the Chronic Nuisance Ordinance; and Encourage resident participation in code violation hearings for key /targeted properties. • Zu14 and ongoing • NNN Staff • Summer 2014 and ongoing • NNN Staff • City of South Bend Code Enforcement • NNN Nuisance Property Committee • NNN Environment Committee • Staff maintains contact with appropriate City officials • 4 meetings are conducted each year C57 Continue to educate neighborhood residents regarding the Commissioners sale process to encourage resident redevelopment of vacant and abandoned properties. Develop a pool of persons with working knowledge of the sale processes to assist interested buyers. Private Investment Identify properties /areas that could be marketed to and developed by private developers. Identify and establish working partnerships with private developers. (individuals or companies) • 2014 and ongoing • NNN Property Development Committee • NNN Staff • Spring 2015 • NNN Staff • NNN Property Development Committee • 2015 and ongoing • NNN Staff • NNN Property Development Committee • 2015 . NNN Property Development Committee • Sale information is communicated annually (distributed various ways and displayed) • An informational meeting is held every other year prior to the Commissioners' sale • Identification of 3 -5 knowledgeable resource persons willing to assist others (volunteers as well as paid professionals) • 3 key properties /areas are identified for possible private redevelopment each year • Relationship with 2 new private investors is developed each year Solicit interested residents and investors to form a NNN • 2014 • NNN Staff At least 5 renters /investors are Landlord- Tenant Committee. contacted to determine interest in forming a committee to address Hold seminars to educate tenants about their rights and • 2015 and NNN Landlord- rental issues. • Seminars are held once a, year with responsibilities at least once a ongoing Tenant Committee an average of at least 10 participants year. Annually provide all residents with information about • 2014 and • NNN Marketing • Information is distributed annually neighborhood communication ongoing Committee through the NNN listsery and NNN channels (listserv, newsletters and other channels that newsletters), communication arise. with the City and Our Neighborhood brochure. Landlord Rights & Responsibilities Host landlord training sessions on finding and screening • 2015 and • NNN Landlord- • Appropriate partners (e.g. Real tenants, tenant rights, property ongoing Tenant Committee and Estate Investors Association, Code Enforcement) are identified and maintenance, code enforcement, and policies like other appropriate recruited the Chronic Nuisance partners • Training sessions are held every Ordinance. other year with an average of at least Nuisance Properties 10 participants Train and organize • neighbors to utilize the 2014 and ongoing • NNN Nuisance • Training meeting are held at least Chronic Nuisance Property annually with an average of at least 10 Ordinance to address Committee participants Problematic properties. • South Bend Code Enforcement • South Bend Police rac state meetings of landlords of nuisance properties and affected neighbors to discuss issues /concerns, offer assistance in constructing solutions and share best practices. As requested by residents Property Committee Neighborhood residents are held as problem s are identified by neighbors Develop incentives for good landlord behavior Research best practices for • 2016 and ongoing • NNN Nuisance • At least 3 tools to provide incentives influencing landlord Property behavior and develop P y landlords are identified and in Committee introduced by the end of 2018 incentives that encourage landlords to take responsibility for their 43 Identify programmatic, material, • and financial resources (REAL 2014 and • NNN Property • Resources are identified and services, SBHIP, etc.) available to ongoing Development publicized though NNN newsletters, help homeowners improve their Committee listserv, and website and other properties and share the vehicles. information through various NNN communication mechanisms. (newsletters, listserv, website, meetings). Maintain a list of recommended • contractors based on neighbors' Ongoing • Chapin Park • The already existing list is updated via an feedback and publicize is as a neighborhood the Chapin Park listsery every two resource. volunteer years and distributed via the NNN lis[sery Promote resident sharing of • resources like tools and skills, and 2014 • NNN and Various ideas for resource sharing alternative exchange systems like volunteers already are described via NNN battering, engaged in such communication mechanisms at least Property Maintenance Workshops activities once a year Identify prevalent property • maintenance issues in 2014 and • NNN • A list of revalent issues is compiled P neighborhood for the of ongoing • South Bend Code and updated annually purpose defining needed seminars. Enforcement Conduct in -depth hands -on • 2015 and • NNN and • A seminar is held once eve other property maintenance seminars on selected prevalent home ongoing appropriate skilled year with an average of at least 7 maintenance issues. volunteers participants Continue one -hour Fall /Spring • Home Maintenance Workshops. Ongoing • NNN and • Workshops are held in the Fall and partners such as Spring of each year with an average Martin's of at least 12 participants Hardware and Home Deoot Economic Opportunity & Redevelopment • The Lincoln Way West corridor is one of the corridors included in the Request for Proposals the City of South Bend recently issued for a West Side Corridors Master Plan. The RFP does not specifically mention that there will be a steering committee, but the project is likely to have one. The RFP does address stakeholder involvement • The Portage Avenue Commercial Corridor Revitalization Action Plan was completed in 1999. A new Portage Corridor Vision Plan will address the current realities of the corridor and changes that have occurred in the area since 2000. • Arts Cafe is a free walking tour of homes in the near northwest that includes local artists, music, and food along Cottage Grove Avenue. • The Ford Distributing, Inc. building at 906 -908 Portage Avenue is one of six tax delinquent parcels that did not sell at tax sale that will be transferred to local non - profit organizations. on city's initiative to impact .... - rvrvry atan • NNN representative are named to Lincoln Way West, any steering committee formed NNN representatives participate in Steering 8 • Duration of • NNN ttendance at 80% of meetings Committee meetings. project Representative Information disseminated to NNN board and • Duration of • NNN • Announcements are made at board residents as appropriate. project Representative meetings • Information communicated to residents via listserv, newsletters and 45 Arts f—ate is used to attract potential businesses to the • Arts Cafe 2014— • NNN Arts Cafe • Potential new businesses are neighborhood. ongoing Committee P resent at the Arts Cafe Notre Dame Students for a • April 2014 • NNN Staff • NNN Staff New Urbanism are • Agreement and Scope of Work approached to determine • ND School of for Corridor Vision Plan interest in creating a Architecture Corridor Vision Plan. • Noire Dame Students A positive vision for the • May 2015 for a New Urbanism area is created to • Notre Dame Students • Presentation and ado tion of p empower local business fora New Urbanism Corridor Vision Plan by the owners. • NNN Staff NNN Board Commercial node is identified and supported by • December 2015 • City e of ty artment P • Action plan implemented and the city. Community Investment potential incentives explored for New businesses are attracted through incentives. • NNN Staff commercial business • March 2016 development Infrastructure to attract • December 2018 and maintain commercial enterprises are explored. Vacant buildings on Portage • December 2018 are reduced by 10 %. • NNN Staff • City Department of Community of Investment • City Department of Public Works • NNN Staff • City Vacant and Abandoned Property Task Force • Code Enforcement • City Department of • 5 potential business partners approached • Feasibility of parking, sidewalk walkability and lighting has been researched • Vacant buildings inventoried • Plan for each vacant building developed • Funding secured • Buildings are rehabilitated or demolished tale uunumg and /or site is created. • Concept plan October 2013 • NNN Property • Identify Co- Developer Partner Development • Plan presented Committee • Approved by NNN Board • NNN Staff Market study for the Proposed redevelopment • October 2013 . NNN e Pro P nY Determination of project feasibility plan. Development Committee • Co- Developer Partner Due diligence and property acquisition . March 2015 • NNN Staff • • Phase I (and Phase If if needed) Development P environmental assessments are Committee complete . NNN Staff • Environmental clearance Building s rehabbed based g on developed plan. • Early 2017 • NNN Property • Property is acquired • Building is rehabbed and an y Development P necessary new construction has Committee occurred • Co- Developer • Occupancy permits are granted Partner • Preliminary marketing to create 95% • NNN Staff residential occupancy on completion 47 - -_— Safety • Cops & Coffee was created to bring neighborhood residents and business owners together with SBPD beat officers in a relaxed atmosphere to better get to know one another and enhance relationships in the community. . , mLe anu uistrioute survey to estimate • January 2014 • NNN Safe • Create survey program participation. Committee e • Door to door campaign to gauge interest in participation Create pilot program guidelines and submit for • March 2014 • NNN Safe • Program guidelines and design review by the NNN Board. Committee e complete U on a p pproval from the • March 2014 • NNN Board • NNN Safety Submitted to the NNN board • Submit NNN Board, explore grant Committee list of 3 -5 potential funders opportunities consistent to NNN staff for review and with NNN Committee approval fundraising guidelines to pay for discounted light fixtures and CFL bulbs. Grant applications must be approved by NNN staff. With approval of NNN staff, identify local May 2014 y NNN e • Initiate conversation with hardware stores willing to Committittee e potential providers approved by Provide bulk - pricing or a NNN staff discount for the program. Create awareness and une 2014 contact form for J NNN Safety Paper application form and brochure neighbors to participate in Committee (approved by NNN staff) available at program NNN office • Online information and form (approved by NNN staff) on the NNN webpage through NNN for approved properties according to the NNN procurement policies and procedures. Track crime rate for property crimes in 6 month intervals. • uecember 2014 • NNN Safety • Safety Committee approves Committee properties that are appropriate according to program guidelines • At least 25 properties are included in the pilot program • Track property • NNN Safety crime rates every Committee six months beginning January 2015 • Property crimes are reduced by I % in blocks where lights have been added uistnoute magnets provided by City • November 2013 — Distribute • NNN Contact the Department Engineerinj Department of Engineering at Arts Cafe Committee to get 500 magnets to distribute to all the near northwest • Department of Estimate magnet distribution after residents. Engineering Arts Cafe Post link on NNN site on • February 2014 • NNN Staff . Promote magnet in NNN newsletter how to add alley light near • Link posted to NNN website your property. • NNN Safe • Publish average cost of service Committee e Inform the near northwest neighbors of current city • March 2014 NNN Safety • Relevant information shared on codes relative to safety. Committee NNN website and in newsletters • NNN Staff • Use of 31 1 contact with the city is Determine average property crime rate before , May 2014 • NNN Safety promoted • Baseline crime rate is estimated the campaign and at 6 Committee • Reports are generated for quarterly month intervals. comparison • I % reduction in auto - related crime rates is achieved contact anru unme . March 2014 . NNN Safety . Include 3 fold brochure with NNN Prevention Unit re: Committee newsletter once a year reporting expectations . SBPD Crime . Create stories through Prevention Unit neighborhood interviews for newsletter publication regarding positive experiences reporting crime Engage in "Cops & Coffee" . July 2014 . NNN Safety . Average of at least 10 participants in program to offer Committee NNN sponsored "Cops & Coffee" opportunities to meet local . NNN Staff program officers. . SBPD beat officers Create a crime prevention . June 2014 . NNN Safety . Average of at least 10 participants at meeting that is more Committee meetings proactive in focus. . SBPD . Repeat attendance is measured . Participants report positive feedback through a meeting evaluation Infrastructure & Connectivity A Rails to Trails Bike Path is proposed to connect the Riverside Trail to the MILK Community Center. North Riverside Walking Path would provide a pedestrian route along Riverside Avenue to the Riverside Trail. Currently in the City's bike plan the route is a shared route with vehicles along Riverside and Lafayette. South Bend 50/50 Sidewalk Repair Program allows for partnership between the South Bend Department of Engineering and property owners for replacement of sidewalks. While there is a waiting list for the program currently, the program is one mechanism for sidewalks to be repaired /replaced in the neighborhood. pedestrian traffic routes, key connector routes, and key points of interest. Host a presentation to • July 2014 inform neighbors of the current walking/bicycling routes within the neighborhood that offer ways to connect with the city. Promote new possible routes to improve accessibility to key areas of South Bend. Host informational • October 2014 meetings about bike lanes with neighbors and property owners about how to bike safely in the lanes and how to drive safely when cyclists are using bike lanes. • NNN • Develop a "working" map (living Infrastructure document) in digital and physical Committee formats highlighting pedestrian traffic, bicycle traffic, connector routes, and points of interest • NNN • Meeting has participation from the Infrastructure city Committee • At least 20 people attend the meeting • Map is available in NNN office and online • NNN • At least one information meeting is Infrastructure held with at least 25 participants Committee • Support is demonstrated for bike lanes 52 Have construcdon • December 2014 . NNN • Professional engineer completes drawings done for Infrastructure construction drawings improvements within the Committee . Drawings are presented to existing right -of -way . Department of Department of Public Works Public Works . Approval of proposed changes . Implementation of proposed changes Advocate for "rail to bike . December 2016 . NNN Board . Letters of support for projects path" and North Riverside . NNN Staff • Testimony at Public Works and City walking path projects and . NNN Residents Council hearings provide support at city Identify key connector • March 2014 • NNN • Pedestrian crossing locations added routes, potential special Infrastructure to working map treatment crosswalk Committee locations, and locations for • Department of demand - responsive Public Works pedestrian signals. Solicit local artists to • December 2014 • NNN • Neighborhood vote is conducted to design custom crosswalk Infrastructure select the preferred crosswalk treatments to represent Committee treatment design fun, family, and safety. • Department of Public Works Propose crosswalk and • July 2016 • NNN • Proposal is presented to DPW with pedestrian demand- Infrastructure cost estimates and funding proposal responsive signals to the Committee Department of Public • Department of Works. Public Works Installation of crosswalks • July 2018 • Department of • Installation is complete and demand - responsive Public Works • Identify key locations to • March 2015 install park benches. • Identify areas to install planters/ hanging baskets. • Create pilot program • December 2015 guidelines and submit for review by the NNN Board. • Research vendors and work with NNN staff to solicit quotes for park benches that are paintable, environmentally friendly, and designed to prevent sleeping. • Research vendors and work with NNN staff to solicit quotes for large concrete planters. • Hold two fundraising • December 2016 campaigns to raise funds, consistent with NNN Committee fundraising guidelines, for benches, planters, and Bowers. • Solicit grant support for the Dilot Droeram. • NNN • 6ench and planter locations are Environment added to the working map Committee • NNN • Preferred bench manufacturer is Environment selected consistent with NNN Committee procurement policies • NNN Staff • Preferred planter manufacturer is • NNN Board selected consistent with NNN procurement policies • NNN • Sufficient funds are raised to make Environment initial investment and fund two years' Committee annual maintenance • NNN Staff • Develop a plan for ongoing • NNN Board maintenance, approved by NNN Board Grant applications must be approved by NNN staff prior to submission. Establish an "adopt a bench" and "adopt a planter' program to solicit funds. The program must be consistent with NNN policies and procedures and approved by the NNN Board. of benches and planters (volunteer or contract labor) consistent with NNN policies. Arrange for decoration of benches (fun, family theme) consistent with NNN policies. should be installed by 2016 Garden Walk. • 2 park benches installed by December 2016 • By December 2017, all ten park benches should be installed and decorated. • Initial planting Spring 2017 Environment • Planters installed Committee • Initial planting • NNN Staff • Plan for ongoing maintenance • Partner with local tree • March 2014 • NNN • A flower, fruit, and "heritage" tree are nurseries to identify Environment selected for the neighborhood. appropriate trees for the Committee neighborhood. All • NNN Board partnerships must be • NNN Staff coordinated through NNN staff. • Once appropriate trees are identified, the NNN Board and Committee will vote on a flower, fruit, and a "heritage" tree. • The "heritage" tree will become a signature tree for the entire - neighborhood. • Establish a partnership • Vacant lot • NNN • Vacant lots identified with a tree nursery to identification Environment • Funds raised to purchase trees purchase the nominated April 2014 Committee trees at a discounted • Fundraising by • NNN Staff rate. All partnerships December 2014 must be coordinated through NNN staff. • Identify vacant lots within the neighborhood where trees would be a beneficial addition. • Create a fundraiser with neighbors to purchase trees for vacant lots. Contact local business, non - profits, and church groups to assist with the overall tree expenses. Funding from companies and agencies will reduce the cost to the neighbors. All contributions must be coordinated through NNN staff. • Establish a date for the neighbors to plant the trees. • Identify a distribution plan for the new Trees. • Coordinate planting with key volunteers who can provide instruction on proper wee planting. • Enterinto maintenance agreements with NNN • 100 trees are planted on vacant lots Environment • Agreements in place for maintenance Committee • Coordinate with the • July 2014 • NNN • Hazards and blocks for replacemer City Engineering Infrastructure are identified on the working map Department on policies Committee . Hazards are marked in compliance and procedures. with the Engineering Department • Identify and mark policies sidewalk and curb hazards. • Identify blocks for sidewalk and curb replacement. Host information sessions . July 2014 • NNN • At least one information session about the hazards in the Infrastructure held neighborhood, property Committee • At least 25 participants owner responsibility for sidewalks, and the City's financial assistance program for curbs and sidewalks. Partner with the • Within two to • South Bend • 100% walkable sidewalks Engineering Department on three years, high Engineering their 50150 sidewalk repair volume foot Department program. traffic sidewalks • Property Owners and key • NNN intersections are Infrastructure repaired. Committee • Within five to six years, the remaining neighborhood sidewalks are repaired. Youth & Families ueveiop a brochure of information about local youth- focused programs and available transportation. Work with local organizations to utilize available youth mentoring programs and provide information on available resources. Design and implement a community arc project with neighborhood youth. • Summer 2014 • NNN Youth and • Brochure is created identifying Families resources Committee • 250 brochures are distributed to • NNN Staff NNN households • Neighbors involvement is encouraged in existing program through NNN newsletter, listserv, and website • August 2014 • NNN Youth and • Brochure is created identifying Families resources Committee • Neighbors involvement is encouraged • NNN Staff in existing program through NNN newsletter, listserv, and website • Fall 2016 • NNN Youth and • 10 youth are engaged in creating a Families public display of an and community Committee pride • NNN Staff veer Tree or low -cost • November IV IS • NNN Touth and • Attendees will be asked to register activities to get people — on -going Families to keep track of attendance moving, within walking through 2017 Committee • Register 8 members for class. distance of residents, for at least one six -week period annually. Assist with providing • Spring 2014 - • NNN Youth and • 25 residents are harvesting food options for healthy foods 2017 Families locally from backyard gardens or a for neighborhood Committee community garden residents. • Community garden on Harrison is producing a harvest and maintained by residents Facilitate an annual block . June 2014- once a • NNN Membership • Track attendance through a sign -in party sponsored by year through Committee sheet neighborhood residents. 2017 . NNN Youth and Families Committee Maintain and evaluate • Summer 2014 . NNN . Existing pocket parks are maintained future development of Environmental a minimum of twice annually pocket parks within the Committee • No unwanted vegetation is present neighborhood. • NNN Staff in the gardens • Increase capacity to maintain additional pocket parks Develop information • Summer 2014 • NNN Youth and • Brochure is created identifying identifying physical Families resources locations for youth Committee . Neighbors involvement is activities within the • NNN Staff encouraged in existing program neighborhood, through NNN newsletter, listserv, (playgrounds, basketball and website courts, tennis facilities, bike . Analysis performed to determine if trails, etc.) need is meetine demand _1 62 Ready, Set, GO! Now that the Quality of Life Plan has been completed and shared with the neighborhood residents and stakeholders, it is time to begin the work of implementation. The First Steps • Share the Quality of Life Plan with each of the NNN, Inc. committees and highlight their role in implementation of the plan. • Contact the residents and stakeholders who expressed interest in one of the key areas and engage them in the committee that will be responsible for the work. • Decide how the NNN Board will track implementation of the plan each year and solicit input for plan revision. Models such as a Neighborhood Congress have been particularly successful. • Each committee should develop a work plan by the end of 2013 that details what the committee is tasked with completing in 2014 and exactly how that work will be done and by whom. This is when it is appropriate to assign casks to individual people. Every Year • Check in with the neighbors, committees, stakeholders, and NNN staff and Board (this could be at a Neighborhood Congress or the NNN Annual Meeting). • Report what has been accomplished and celebrate the accomplishments! • Develop a work plan for the next year, building on where work was left off the prior year: • What did get done? • What did not get done? Why? Is it still relevant? If yes, how will we tackle it this year? • Is there something else that needs to be done due to a change in the neighborhood? What needs to be done? Who will be responsible? When will it get done? How will we know when we are successful? • What will we do this year to move the plan forward? • Continue to engage residents and stakeholders in the committee work, bringing new people into the work as their time, talent and treasure allows. 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 4528, 4536, 4546, 4606, 4612 Lake Blackthorn Drive; 6568 Dockside Drive; 4636, 4644, 4710, 4720, 4728, 4814, 4822 Starboard Drive; 6510, 6507 Still Waters Court; 4938, 4954, 5011, 4935, 4915 Stern Line Court; 6535, 6530, 6634 Leeway Drive; 5015, 4917 Masthead Court; 5002, 5010, 5013, 5003, 4925 Bow Line Court; 4738, 4712, Portside Drive; 4627, 4611, 4604, 4614, 4624 Pier Court; 6613 Dockside Drive; 4711, 4719, 4821, 4829 Starboard Drive; 6530 Lake Crest Circle; 6735, 6747, 4736, 4739 Blackthorn Harbor Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. WHEREAS, a petition for residential 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 51 lots in The Villas at Lake Blackthorn, Sections I and II, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED "SEC. CORNER'; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475 -477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 26 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPLAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A ", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A ", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES it MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT #0323151. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING MARKED BY A 1 1/2" DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A 1" DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 0DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECGNDS WEST, A DISTANCE OF 100.00 FEET, THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE DRIVE AND A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD. and which has Key Numbers: 4528 Lake Blackthorn Drive 025 - 1010 -0176 4536 Lake Blackthorn Drive 025- 1010- 017620 4546 Lake Blackthom Drive 025- 1010- 017621 460 6 Lake Blackthorn Drive 025 -1010- 017622 -4612 Lake Blackthorn Drive 025- 1010 - 017623 6568 Dockside Drive 025 - 1010 - 017625 -4636 Starboard Drive 4644 Starboard Drive 025 -1010- 017626 025 -1010- 017627 _ 4710 Starboard Drive 025 -1010- 017629 4720 Starboard Drive 025 - 1010 - 017630 4728 Starboard Drive 025- 1010 - 017631 4814 Starboard Drive 025 - 1010- 017635 4822 Starboard Drive 025- 1010 - 017636 _ _ _ 6510 Still Waters Court 025 -1010- 017637 _: 6507 Still Waters Court , 025 -1010- 017639 _ 4938 Stem Line Court 025 -1010- 017644 4954 Stern Line Court 025 -1010- 017646 5011 Stern Line Court _F025-1010-017650 _ _ 4935 Stern Line Court 025 -1010- 017655 _ _ 4915 Stern Line Court 025- 1010 - 0_17657 _ 6535 Leeway Drive 025- 1010- 017658 _ 5015 Masthead Court 025 - 1010- 017664 4917 Masthead Court 025 -1010- 017667 5002 Bow Line Court 025 -1010- 017672 5010 Bow Line Court - 025 - 1010 - 017673 _ 5013 Bow Line Court 025 -1010- 017674 5003 Bow Line Court 025- 1010 - 017675 _ 4925 Bow Line Court 025- 1010 - 017677 4738 Portside Drive 025- 1010 - 017687 _ 4712 Portside Drive 025- 1010- 017690 4627 Pier Court 025- 1010- 017693 4611 Pier Court 025 - 1010 - 017695 4604 Pier Court 025 - 1010- 017697 4614 Pier Court 025- 1010 - 017698 _ 4624 Pier Court 025 - 1010- 017699 _ 6613 Dockside Drive 025- 1010 - 0177-03 _ 4711 Starboard Drive 025 - 1010 - 017708 4719 Starboard Drive - - 025 -1010- 017709 6530 Lake Crest Circle 025- 1010 - 017711 4821 Starboard Drive 025 -1010- 017717 4829 Starboard Drive 025 -1010- 017730 6530 Leeway Drive 025- 1010- 017719 _ 6634 Leeway Drive 025 -1010- 017724 6735 Blackthorn Harbor Drive 025- 1010 - 017403 6747 Blackthorn Harbor Drive 025- 1010 - 017428 4736 Blackthorn Harbor Drive 025 - 1010 - 0174291 4739 Blackthorn Harbor Drive 025 - 1010- 017728 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et sM., and South Bend Municipal Code Sections 2 -76 et seq., 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 M,, 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 five 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. Fese� Fo l0 —z� —rte "T, A^PP'CvFii Member of the Common Council r 7 Mid Couavli ZcSo73 c7'G is issue, -- CIT'v CLERF., . 47U" use &%, Itt 227W. JEFFERSON BOULEVARD SUITE 1400 S. SotITH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR October 3, 2013 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Cooreman Real Estate Group, 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 The Villas at Lake Blackthorn, Sections I and II. 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, Cooreman Real Estate Group, Inc. proposes to construct fifty -one homes at a cost of $12,750,000.. A representative of the Petitioner will be available to meet with the Committee on Monday, October 28, 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, C Executive Director, Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Chris Fielding Dave Relos Brock Zeeb ASSISTANT EXECUTIVE DIRECTOR PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHRIS FIELDING JITIN KAIN PAMELA C. MEYER BROCKZEEB 227 W. JEFFERSON BOULEVARD Su1rF 1400 S. Sourn 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: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Cooreman Real Estate Group, Inc. DATE: October 3, 2013 On October 2, 2013 , a petition for residential tax abatement consideration for real property located at The Villas at Lake Blackthorn, Sections I and II was filed with the City Clerk by Cooreman Real Estate Group, 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 The petitioner intends to develop fifty -one (5 1) lots in the Villas of Lake Blackthorn, Sections I and II. The petitioner previously had an abatement on those lots and that abatement expires this November. The petitioner states in his petition that the lots have been slow to sell due to economic market factors, including the tightening of the credit market, and the decline in real estate property values which have compounded the impact of higher than comparable city taxes in this subdivision. Additionally, the majority of unsold lots in this neighborhood are located adjacent to the US31 Bypass- a negative that has been proven to be an immitigable factor in the slow growth of sales. Additionally, the new construction market has plummeted from 800+ new homes annually to about 100 new homes. The tax abatement would provide an incentive for citizens to invest in new construction within the city limits of South Bend. The homes will be located on a site with a total of 114 home sites on 56+ acres having a large lake, a gazebo park, and another small year round pond. The homes will average 1,800 square feet with three bedrooms ASSISTANT EXECUTNE DIRECTOR PIANNING N EIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHRISFIELDING JITIN KAIN PAMELA C. MEYFR BROCKZEEB South Bend Common Council Cooreman Real Estate Group, Inc. October 3, 2013 Page 2 and a two car garage. Each home will have an average market value of $250,000 resulting in a total project cost of $12,750,000. Total taxes to be abated during the (5) five -year abatement period are estimated at $105,097. Total taxes to be paid during the (5) five -year abatement period are estimated at $734,247. ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has been associated with five previous abatements through Resolutions 3138 -02, 3223 -03, 3806 -07, 3868 -08, and 3869 -08. 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 five year real property tax abatement under Section 2 -77.1 , Single Family Residential Developments. 5 YEAR Cooreman 3-Oct-13 South Bend Portage Township Residential Real Property Tax Abatement Schedule' Estimated Project Cost: Assessed Value: Structure (% AV of cost) 100.0% Land Value 10,000 Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non - Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less County COIT Homestead Credit: Tax Due Before Circuit Breaker Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap $250.000.00 Total Taxes Tax Abated- Tax Paid "' 250,000.00 250,000.00 Total 250,000.00 10,000.00 NIA N/A 260,000.00 250,000.00 1 250,000.00 (3,000.00) (3,000.00) 2,879.40 (3,000.00) (45,000.00) (45,000.00) 3.291.54 (45,000.00) (75,250.00) (75,250.00) 412.14 (75250.00) 136,750.00 126,750.00 5 year totals: 126, 750.00 N/A N/A (74,880.00) N/A (51,870.00) N/A N/A N/A 10,000.00 136,750.00 74,880.00 61,870.00 5.0228% 5.0228% 5.0228% 6.868.65 3,761.05 Total 3,107.59 Assessed 7.3430% (504.36) (276.17) Value (228.19) 1 6,364.28 3,484.88 2 2,879.40 3,291.54 (3,072.74) (3,072.74) 3.291.54 0.00 136,750.00 3,291.54 412.14 136,750.00 2,879.40 1.0000% 2,600.00 2,500.00 2,600.00 0.5057% 691.54 378.67 312.88 3,291.54 2,878.67 2,912.88 X 51 hcrAcs Tax Net Total Paid Assessed Taxes Year Value Due 1 136,750.00 3,291.54 2 136,750.00 3,291.54 3 136,750.00 3.291.54 4 136,750.00 3,291.54 5 136,750.00 3,291.54 5 year totals: 16,457.72 X 51 hcrAcs Tax Tax Abated Paid 412.14 2,879.40 412.14 2,879.40 412.14 2,879.40 412.14 2,879.40 412.14 2,879.40 2,060.72 14,397.00 `I h. oO i0stA 1 93Aip 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. "'Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. #Irish COOR)uMAN Realti PROPERTIES October 1, 2013 To whom this concerns, 4404 Technology Drive South Bend, IN 46628 Ph: 574- 277 -0116 Fax: 574- 277 -6511 Cooreman.cnm Pursuant to the attached application for consideration of tax abatement for multiple parcels, and contained and enclosed herein, please find the following required information. 1. Project Information Sheet for The Villas at Lake Blackthorn, Sections I and II as described on the attached. 2. Map of Subject Development 3. Listing of property key numbers and street addresses for parcels seeking abatement 4. Verification of the number of years granted by the tax abatement and the month/year final action was taken by the SB Common Council 5. Confirmation of the abatements maximum dollar value and a statement that the assessed value of the land is not abated 6. Verification of the developers duties with regard to the statement of benefits form (SB -1) Verification of the proposed property owners duties with regard to form 322/re which must be completed and filed by the owner and builder after completion of the home and prior to occupancy. 8. Attachment of confirmatory resolution which approved the abatement in question. Please do not hesitate to contact me should you require further information. Sincerely, Steve Cooreman, President ties in clel'k'i C; 00P l C Ll Fii(, $QU rn SENT) IN Residential & Commercial Real Estate • Leasing &Sales Land Developmr e n " villas al lake Blackthorn • Westwood Knolls • Westwood Hills • Westwood Shores • Boulder Stone Oak Estates • New Prairie Knolls • Prairie Vista •Wintergreen Meadows CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL 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 Residential Real Property tax abatement consideration and pursuant to I.C., 6 -1.1- 12.1 -1, et seg., and South Bend Municipal Code Sec. 2- 76 et seg., for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): Fifty One (51) homes in The Villas at Lake Blackthorn Section I and II— a single family home subdivision with a total of 114 home- sites, located on approximately 56 +/- acres, with a large lake, a gazebo park, and another small year round pond. domes average 1800 sq. feet, 3bdr /2bath /2car garage with an average market value of $250,000. The property has an existing abatement — Resolution number 3868 -08 expiring 11/12/2013. This petition is a request to renew the abatement status for an additional 5 years. 2. Estimate the dollar value of the construction project (do not include land cost): $12.750,000.00 The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Cooreman Real Estate Croup, Inc. 4404 Technology Drive, South Bend, IN 46625 4. The commonly known address of the Property is: The Villas at Lake Blackthorn Section I and having tax key numbers and street addresses as on attached Exhibit D. 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. The current assessed valuation of the property before construction is: See Exhibit D. S. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner: See Exhibit D. 10 What is your best estimate of the after completion market value of the propel. .5i56 Petition for TA VLB SEC I - Page 1 of 8 1 1. No building permit has been issued for construction on the properly in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: N/A 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: Economic market factors, including the tightening of the credit market, and the decline of real estate property values, have compounded the impact of the higher than comparable city taxes in this subdivision. Additionally, the majority of the unsold property in this neighborhood is located adjacent to the US 31 Bypass— a negative that has proven to be an immitigable factor in the slow growth of sales. Additionally, the new construction market has plummeted from 800+ new homes annually, to about 100 new homes. The tax abatement provides an incentive for citizens to invest in new construction within the city limits of South Bend. 14. The current use of the property is Residential and the current zoning is RES q 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): N/A 16. The following person should be contacted as the information and public hearing notifications: Steve Cooreman & Barbara YRnes -Henry Cooreman Real Estate Group, Inc. 4407 Technology Drive, South Bend, IN 46628 Office: 574- 277 -0116 or Mobile Ph: 574.250.5024 Petitioner's agent regarding additional WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): Cooreman Real Ve Group, C. By: �!✓Gi2%is (Signature) Steve Cooreman, President CITY tGl 11i4,, :SWIM Bt Nil, IN I Petition for TA VLB SEC I - Page 2 of 8 EXHIBIT "A" LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE A PART OF THE NORTH, RANGE 2 NORTHWEST, SOUTHWEST, GERMAN TOWNSHIP, CITY OF OU SOUTHEAST OSOF SECTION 18, TOWNSHIP 38 MORE PARTICULARLY DESCRIBED AS FOLLOWS: EPH COUNTY, INDIANA BEING NORTH, RANGE 2T AST, 5 8 FEET OUTH OF A02F IRON MONUMENT QUARTER TH A C F SECTION 18, S TOWNSHIP 38 RIGHT OF WAY OF U.S. ROUTE THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FE T TO HE WEST WAY HE FOLLOWING NINE (9)1COURSES: 1 SOUTH 17 DEGREES 36 MINUTES G51 SECONDS RWESTOA DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE' 409.65 FEET TO THE POINT OF CURVATURE OF A NON- TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS DISTANCE OF 481 60 211.20 FEET; THENCE NORTH 0 DEGREES DEGREES 5 MIN 30 MINUTES D SECONDS DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED N DE 39 SECONDS EAST, A PAGES 475 -477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COIN DEED RECORD BOOK 741. DEGREES 36 MINUTES SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 LFJIEJET'(INDIANA; ENCE SOUTH 2 MINUTES 45 SECONDS 9WES , A DVISTANCE OF 199.30 9930 (9) THENCE SOUTHEAST S CORNER DEGREES D DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED ALONG THE EAST CORDED IN THE OFFICE O SAID RECORDER; THENCE 81..22 FEET; LINE D THE NORTH LINE OF SAID LAND, NORTH 89 SECONDS EAST, A DISTANCE OF SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTDEGREES 48 MINUTES 51 20 SECONDS WEST A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF , 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; DEGREES THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 03 MINUTES MINUTES 51 SECOND WEST, A DS TANCE OFI 2.00 FEETFTHENCEENORTH THENCE NORTH 89 DEGREES 48 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINNUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00. FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE EPLAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A" NORTH 89 DEGREES THENCE ALONG THE EAST LINE OF SAID LOT "A ", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE NORTH, HAVING A CURVATURE OF A NON - TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE AND A CHORD OF 112.38 RADIUS E ET BEARING NORTH 67 DEGREES S 34 MINUTES 35 SECONDS MINUTES E ST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES I I MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID NERECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS XT THREE IN THE (3) COURSES; (1) SOUTH 26CDEGR ES 45 MINUTES 04 SECONDS D� A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, DES L A DISTANCE OF 729.56 FEET TO THE THOE VILLAS BEGINNING. A PORTION AKE BLACKTHORN SECTION 0NE, AS SHOWN ON THE FOTS I THROUGH 5 INCLUSIVE, OF 2003, IN THE OFFICE OF THE RECORDER OF STJOSEPH COUNTY, AS INSTRUMENTxw; ORDED APRIL 21, SAID DESCRIBED TRACT CONTAINING 56.25 ACES, MORE OR LESS. �iA -ty' SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. ����7a�IGC IN j " " ",,.....,.. a' i.; t ✓� .r tip �� Petition for TA VLB SEC I - Page 3 of 8 ,. LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ID POINT MARKED BY SOUTHWEST 1C CORNER METER ROD; THE CEE SOU HR89 R SA DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A 1" DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE DRIVE AND A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD F. CITY CLINK, *OUTH BENE), IN Petition for TA VLB SEC I - Page 4 of 8 EXHIBIT "1119 Westmiod yj 01h om at Blackthorn ), I V, cmter C,�Xwm R(I M, Petition for TA VLB SEC I - page 5 of 8 45 34 32 55 4f, 44 c000y. -ill 57 -4 .0 �47 4.1 4s 42 If, 28 � a. 37 42 ;49 41 66 40 0 6 51 1W hl -4 106 Inc 104 lto"lN2 62 Inn 63 - 20 114 Section III (16 96 17 67 9.4 16 f's 94 111 112 11.1114 69 14 V2 71 12 L In X74 8.1 84 85 N(, 97 V., narsmr 75 , 82 I 6 7f, 0' . NI & 77 t * 11 - .1 so 7N 71) 4 -1 Potential Village Shoppes M, Petition for TA VLB SEC I - page 5 of 8 EXHIBIT " W Petition for TA VLB SEC I -Page 7 of 8 'Arl tn Mk's C JOHN VOORDE cATY CLERK, SOUTH SEND, W Petition for T' VLB SEC I - Page 8 of 8 STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 61767 (R4 /2.13) Prescribed by the Department of Local Government Finance 20-_ PAY 20_, FORM SB -1 /Real Property This statement is being completed for real property that qualifies under the following Indiana Code (check one bo PRIVACY NOTICE El ) X): Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.1 -4 Tha cast and any specific indNim 0 Residentially distressed area (106 -1.1- 12.1-4,1) aelsq Information Is confidenfial- balance of the flinngd is public reroi INSTRUCTIONS., per IC e- t.t- 12.1.5.7(c) and (d), 1. This statement must be submitted to the body designating the Economic Revltslizatlon Area prior to the public hearing if the designating body requires Information from the applicant In making its derision about whetherto designate an Economic Revitalization Area Otherwise, this statement must be Submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the Ryerson wishes to claim a tleducaon, 'Pro/ects 'planned orcommltted to afterJrlly 1, 1987, and areas designated eBerJuly 1, 1987, require a STATEMENT OFBENEFima (IC deduction 2.1) 2. Approval of the designetng body (City Council, Town Board, County Council, etc.) must be obtained pro ST 1rlitiMEN otitis redevelopment 6- rehabilitation, BEFORE a deduction may approved 3. To obtain a deduction, a Fomt 3224?E must be filed with the County Auditor before May 10 in the year in which the adddion to assessed valuation is made ornot later than thirty (30) days after the assessment notice is mailed to the Property owner Nit was mailed aflerApril 10. If the property Owner 4. Fmpedy owners whose Statement Benefits was apptroved after Junel30e 1991, must attach nd a Fy 10 Of 9S ubsequent year. . show compliance with the Statement of Benefits. (fC 6 -1.1- 12.1- 5.l(b) and IC 6-1.1- 12.1 -5.3 Real Propeny annually to the application to P 5. The schedu les established underlC 6-1.1- 12.1 -4(d) fbrwhabifitatedproperty apply to anycco)nomic revitarization areas designated after June 30 2000, unless an altemative deduction schedule is adopled 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 designated before Juty 1, 2000. —_.- __� ✓ytvaeiJfd29irL141! Name of la)parer �-- -- COOREMAN REAL ESTATE GROUP INC Address of taxpayer (number andslreel, city, stale. andZlPtode) 4404 TECHNOLOGY DRIVE, SOUTH BEND, IN. 46628 Name of conlow person Telephone number STEVE COOREMAN E-maP address ( 574 ) 277 -0116 !Jame of deslbnatng STEVE @COOREMARCOM SOUTH BEND COMMON COUNCIL Resolution number` Location olpmperty County N OF BRICK RD./E OF ORANGE RD.NV OF US 31 BYPASS DLGF sexing district number )ascription of real property improvements, redevelopment Or renaGlilation (usoadditionEf shs le Sg OSEPry Fifty one (51) homes in The Villas at Lake Blackthorn Section GERMAN 1 and II - a single family home subdivision which has a total of 114 lots, located on 56 +/_ acres Estimated start date (month, day, yaar) with a large lake, gazebo park, and small pond. Avg home price is $250,000. Avg lot price is $47,000. 11/12/2013 Estmaled rontpklion date (month, day, year) 11/12/2018 urtanl number 1;r r r • k )Salaries 7 -._. �� �il_nit3.�,7 Current values Net estimated Estimated solid waste converted (pounds) Other benefits I hereby t Al at the reprg4tations in this statement are true. Estlmated hazardous waste converted Page 1 of 2 We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body - Said resolution, passed or to be passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed expires is - calendar years- (aee below). The date this designation B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes D No 2. Residentially distressed areas ❑ Yes D No C. The amount ofthe deduction applicable is limited to $ 0. Other limitations or condiltons rsri ci E. The deduction Is allowed for years' (see below). F. Did the designating body adopt an alternative deduction schedule per IC 6 -1.1 -12.1 -179 D Yes ❑ No If yes, attach a copy of the alfernafive deduction schedule to this form. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to Justify the deduction described above. proved (signature andlitleoraulhonzed member oldes'pnaring pody) Telephone number W16 ' If the designating body limits the lime period during whiG1 an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1- 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 30, 2000, and is not in a residentially distressed area, the deduction period may not exceed ten (10) years. Page 2 oft RESOLUTION NO. A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN (Located on approximately 56 acres north of Brick Road, and west of and adjacent to the U.S. 31 Bypass) having the addresses 5005 Masthead Court, 4704 Portside Drive, 4603 Pier Court, and 4643 Starboard Drive RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as The Villas at Lake Blackthorn, South Bend, Indiana, and which are more particularly described as follows: LOT 47 THE VILLAS AT LAKE BLACKTHORN SEC 1 025 -1010- 017665 LOT 73 THE VILLAS AT LAKE BLACKTHORN SEC 1 025- 1010 - 017691 LOT 78 THE VILLAS AT LAKE BLACKTHORN SEC 1 025- 1010- 017696 LOT 88 THE VILLAS AT LAKE BLACKTHORN SEC l 025- 1010 - 107706 be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution which was Resolution No. 3864 -08 which was issued on May 12, 2008 and WHEREAS, the petitioner has requested an additional period of time to complete construction of the planned project. 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 meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8,1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within one (1) calendar year from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby reconfirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to SIX (6) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. r. I'd- 0 "47., ( �j Member of the Common Counci UrJlitivii G� �v %- C:IS 'i' I in3Z3.1 C ""' � 1 n tT8 "8'YG�LC 1 . >8;78SCrit�i'Prbp,88rC 227 W. JEFFERSON BOULEVARD SUITE. 1400 S. SOUTH BEND, IN 46601 -1830 October 14, 2013 CITY OF SOUTH BEND PETE BUTTICIEC, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Cooreman Real Estate Group, Inc. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 On October 2, 2013 the Petitioner submitted a petition for residential tax abatement for real property for 51 lots located in Sections I and 2 at the The Villas of Lake Blackthorn. The petitioner previously had separate abatements on the lots in Section I and the lots in Section 1I. The Residentialy Distressed Area (RDA) designation for the lots in Section I expired on May 12, 2013. The RDA designation for the lots in Section II expired on July 27, 2008. The Department of Community Investment requested the customary report from the Building Department. That report revealed that five of the lots were zoned Local Business and that a building permit had been issued on another four lots. The petitioner has decided to remove the five commercially zoned lots from any further consideration. For the lots which have a building permit pulled we are asking for a one year extension on the previous abatement which was confirmed by the Common Council through Resolution 3868 -08. This is because anew abatement may not be issued on lots which already have a building permit that has been pulled from the Building Department. For the 42 lots which are zoned residential and for which no building permit has been pulled we are requesting an entirely new 5 year residential abatement. Each home will cost approximately $250,000; the project cost for the 42 lots is $10,500.000. Forthe extension request, the project cost of the four homes is $1,000,000. A new spreadsheets which show the taxes abated for the four lots receiving an extension request is attached. There is also a spreadsheet attached which shows the taxes abated for the 42 lots receiving a new 5 year abatement. A representative of the Petitioner will be available to meet with the Committee on Monday, October 28, 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. PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER DONALD E. INKS Sincerely, s�� ze/ Brock Zeeb Director Business Assistance, Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Chris Fielding Dave Relos Scott Ford 5 YEAR x fen5+vn 7` QUlfS7- Cooreman South Bend Portage Township Residential Real Property Tax Abatement Schedule- Estimated Project Cost: Assessed Value- Structure (% AV of cost) 100.0% Land Value 15,000 Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non - Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less County COIT Homestead Credit Tax Due Before Circuit Breaker Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap Year 1 2 3 4 5 250 000.00 17- Oct -13 Total Taxes Tax Abated" Tax Paid "' 250,000.00 15,000.00 265,000.00 (3,000.00) (45,000.00) (77,000.00) 140,000.00 N/A N/A N/A 140,000.00 250,000.00 N/A 250,000.00 (3,000.00) (45,000.00) (77,000.00) 125,000.00 N/A (50,120.00) N/A 74,880.00 250,000.00 N/A 250,000.00 (3,000.00) (45,000.00) (77,000.00) 125,000.00 (74,880.00) N/A 15,000.00 65,120.00 5.0228% 5.0228% 5.0228 7,031.89 3,761.05 3,270.83 7.3430% (516.35) (27617) (24018) 6,515.53 3,484.88 3,030.65 _ (3,157.55) (310621) (5134) 3,357.98 378.67 2 979 31 1.0000% 2,650.00 2,500.00 2,650.00 0.5057% 707.98 378.67 32931 3,357.98 2,878.67 21979.31 Net Total Assessed Taxes Tax Tax Value Due Abated Paid 140,000.00 3,357.98 378.67 2,979.31 140,000.00 3,357.98 378.67 2,979.31 140,000.00 3,357.98 378.67 2,979.31 140,000.00 3,357.98 378.67 2,978 31 140,000.00 3,357.98 378.67 297931 5 year totals: 16,789.90 1,893.34 14,896.56 'This schedule is for estimation purposes only and assumes constant tax rates. The true lax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. —Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. lSyea 11yea( 5 (7 3, 54Se62t 5 YEAR 17. Oct -13 '**Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. _ Cooreman South Bend Portage Township Residential Real Property Tax Abatement Schedule' Estimated Project Cost: 250 000.00 Assessed Value: Total Taxes Tax Abated" Tax Paid* ' Structure (% AV of cost) 100.0% Land Value 250,000.00 250,000.00 250,000.00 15,000 Gross Assessed Value 15,000.00 N/ N/A Less Mortgage Exemption 265,000.00 250,000.00 0 250,000.00 Less Homestead Deduction (3,000.00) (3,000.00) (3,000.00) Less Supplemental Homestead Deduction (45,000.00) (45,000.00 ) (45,000.00) Base Assessed Value (77000.00) (7700000) (7700000) 140,000.00 125,000.00 125,000.00 Less Maximum Abatement Deduction Less Non - Abated Amount N/A N/A (74,880:00) Plus Land Assessed Value N/A (50,120.00) NIA Net Assessed Value N/A N 15,00000 140,000.00 74,880.00 0 65,120.00 Property Taxes, Assume constant tax rate of 5.0228% 5.0228% 5.0228% Gross Tax (tax rate x net assessed value) 7,031.89 Less County COIT Homestead Credit: 7.3430% 3,761.05 3,270.83 Tax Due Before Circuit Breaker (516.35) (27617) (24018) Less Circuit Breaker Credit 6,515.53 3,484.88 3,030.65 Net Tax (3157.55) (310621) (5134) 3,357.98 378.67 2 979 31 Circuit Breaker Cap Circuit Breaker 1.0000% 2,650.00 2,500.00 2.650.00 Debt Service 0.5057 % 707.98 37867 Circuit Braker Cap 32931 3,357.98 2.878.67 2 979 31 Net Total Assessed Taxes Tax Tax ryyjgr£�t7 Year Value Due Abated Paid 1 140,000.00 3,357.98 378.67 2,979.31 i�I4oLI,/4 IgS /3r,ol 2 3 140,000.00 3,357.98 378.67 2,979.31 veoj 140,000.00 3,357.98 378.67 2,979.31 year 4 140,000.00 3,357.98 378.67 2,979.31 5 140,000.00 3,357.98 378.67 2,979.31 5year totals: 16,789.90 1,893.34 14,896.56 �Ilt 7�ZVf�V `py5�[pj 'This schedule is for estimation purposes only and assumes constant lax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. "Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. '**Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. JOHN W. SYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR NN COMMISSION OF ST. JOSEPH COUNTY. IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, October 16, 2013 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Rami M. Sadek to zone from LI Light Industrial District to SF2 Single Family & Two Family District, property located at 1906 S. Franklin Street, City of South Bend - APC# 2682 -13. Dear Council Members: I hereby Certify that the above referenced ordinance of Rami M. Sadek was legally advertised on Thursday, October 03, 2013 and that the Area Plan Commission at its public hearing on Tuesday, October 15, 2013 took the following action: Upon a motion by John DeLee, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Rami M. Sadek to zone from LI Light Industrial District to SF2 Single Family & Two Family District, property located at 1906 S. Franklin Street, City of South Bend, is sent to the Common Council with a favorable recommendation. There is a mix of industrial and residential uses in this area. Rezoning the property to single family will allow for the adaptive reuse of the building and strengthen the surrounding residential area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, .. Byorn Attachment CC: Rami M. Sadek orf eA, SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND wwwsyoseph<ounryindhm.coMMeapUn - - - - - -- Staff Report 10/4/2013 APC # 2682 -13 Owner: Rami M. Sadek Location: 1906 S. Franklin Street Jurisdiction: City of South Bend Public Hearing Date: 10/15/2013 Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to SF2 Single Family & Two Family District to allow uses permitted in the SF2 Single Family & Two Family District. Land Uses and Zoning: On site: On site is a vacant commercial building zoned LI Light Industrial District. North: To the north across Calvert Street is an industrial building zoned GI General Industrial District. East: To the east across the alley is a commercial building zoned SF2 Single Family & Two Family District. South: To the south is an industrial building zoned LI Light Industrial District. West: To the west across Franklin Street is a single family home zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Site Plan Description: No site plan is required for a rezoning to SF2 Single Family & Two Family District. Zoning and Land Use History And Trends: The site has been zoned industrial since 1951, our earliest record of zoning in the City. The property to the west across Franklin Street was rezoned from industrial to single family residential in 1999. Traffic and Transportation Considerations: Calvert Street and Franklin Street are two -lane streets. Utilities: The site is served by municipal water and sewer. Agency Comments: The City Engineer had no comment. Community Investment provides a favorable recommendation for the rezoning, noting that the rezoning will support the re -use of the property and blend in to the surrounding residential properties to the east and west zoned SF2. APC # 2682 -13 Page 1 of 2 Staff Report 10/4/2013 Commitments: There are no commitments proposed by the petitioner. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2005) Objective ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map identifies this area as Light Industrial. Plan Implementation /Other Plans: 2. Current Conditions and Character: The block between Lafayette and Franklin Streets serve as a transitional area between the single family residential to the west and the industrial uses to the east. There is a mix of varying sizes of industrial buildings and traditional single family homes. 3. Most Desirable Use: The most desirable use of the land is for uses compatible with the surrounding residential properties. 4. Conservation of Property Values: The value of the surrounding properties should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to encourage the adaptive reuse of vacant buildings. Staff Comments: Rezoning to a residential use may impact the adjacent industrial properties if they modify their sites in the future. Additional screening may be needed as part of a residential bufferyard. However, the effect would be minimal or could be relieved through variance requests. Recommendation: Based on information available prior to the public hearing the staff recommends this petition be sent to the Common Council with a favorable recommendation. Analysis: There is a mix of industrial and residential uses in this area. Rezoning the property to single family will allow for the adaptive reuse of the building and strengthen the surrounding residential area. APC # 2682 -13 Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1906 FRANKLIN ST. SOUTH BEND IN 46614, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The present zoning for said property is LI Light Industrial District, and we request it changed to SF2- Single Family & Two Family District for the purpose of residence. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Parcel A: Lot 332 D M Shiveley's 1 st Addition Parcel B: Lot 333 D M Shiveley's 1St Addition be and the same is hereby established as SF2 — Single Family & Two Family 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 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. City Clerk Approved and signed by me on the day of at o'clock . M. Mayor, City of South Bend, Indiana 7 sr READING q, PUBLIC HIA "ING 3 rd READING NOT AP PROVED REFERRED PASSED 2 , Filed In C1Y?w° '; Office 5EP - 3 2013 CITY CLERK, SOUTH SEND, IN JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, October 16, 2013 The Honorable Council of the City of South Bend t �- 4th Floor, County -City Building South Bend, IN 46601 RE: An Ordinance initiated by the Area Plan Commission, 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, City of South Bend - APC# 2683 -13. Dear Council Members: I hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, October 03, 2013 and that the Area Plan Commission at its public hearing on Tuesday, October 15, 2013 took the following action: Upon a motion by John DeLee, being seconded by Michael Mecham and unanimously carried, the Ordinance initiated by the Area Plan Commission, 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, City of South Bend, is sent to the Common Council with a favorable recommendation. The text amendments address certain changes that are necessary to revise and clarify various sections of the South Bend Zoning Ordinance. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, ohhnnn W. Byorn' i v i Attachment SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND w .vw.nlosephcounryindam.coMAraphn Staff Report 9/30/2013 APC # 2683 -13 Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 10/15/2013 Requested Action: The requested action is a text amendment, amending various sections of Chapter 21 of the South Bend Municipal Code. Staff Comments: The Ordinance updates the code by making the following changes: *Adding provisions exempting existing structures from seeking setback variance when the property has been rezoned. The buildings or structures would become legal nonconforming, and would need to comply with all provisions going forward. *Modifying outdoor storage screening requirements in industrial districts by not requiring to buffer from adjacent industrial districts. *Modifying the residential bufferyard landscaping table to reduce the type of landscaping required from non - residential districts when separated from residential districts by a street. *Modifying the sign ordinance to allow one menu board per drive through. *Correcting the swimming pool reference so that it matches the state code. *Correcting incorrect citations in the PUD and sign ordinance sections. Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: The text amendments address certain changes that are necessary to revise and clarify various sections of the South Bend Zoning Ordinance. APC # 2683 -13 Page 1 of I 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: Existin2 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 may amendment) those buildmus and structures shall be exempt from seeking variances from the required 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 nonconforming buildmus 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 ^ "._===miag=° Administrative Code for residential pools at 675 IAC 14-4.3-270 through 296, as amended; and 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: 21- 07.01— A: RESIDENTIAL BUFFERYARD LANDSCAPING Zoning of Subject Property O OB MU O LB CB CBD GB LI GI PUD B %AO B B B B B B C C C (2) B B B B B B B C C C (2) B B B B B B C C C (2) B B B B B B C C C (2) B B B B B B C C C (2) — When a street separates a residential zoning district from a non - residential zoning district Type A: Open may be substituted in the front yard, 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 the for each drive through €aeility 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 (34 Le) (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 () (k) — 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 Council 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. Approved and signed by me on the at o'clock . m. Isi READING [0— t�—'�� PUMC HEAPING rd READING idOT APPROVED UFEP.RED PAS5ED City Clerk day of Mayor of the City of South Bend, Indiana 2013 Flied in Clerk's offic t. JOHN CITY CLERK, SOS H BEND, IN A 00, V3 -72 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4004 TECHNOLOGY DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR THE LEBERMUTH COMPANY, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4004 Technology Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Six (6) as shown on the recorded Plat of Landmark Business Park, Section 3, recorded April 18, 1985 as Document Number 8506870 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 71- 03 -19- 200 - 010.000 -009 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of Q years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se o. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Coun 1 Hied ii i i�rEc's Cyffiics NOT, APrROw"- '�.GOP-'D 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 October 10, 2013 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: THE LEBERMUTH COMPANY, INC. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 The Petitioner, The Lebermuth Company, Inc, proposes to rehabilitate the building at a cost of $1,200,000. On October 9, 2013 the petitioner submitted the information about their contractors. That information is attached and the point scale indicates they qualify for an eight year real property abatement. A representative of the Petitioner will be available to meet with the Committee on Monday, November 25, 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, Brock Zeeb Director of Economic Resources Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Dave Relos ASSISTANT EXF.CLJTNE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHRTS FIELDING JLTIN KAN PAMELA C. MEYER RROCK ZEEB 10- Oct -13 Public Benefit Points Summary Public Benefit Item: Qualify Earned Available Project Related: or N Points Points 1 A. Redevelop a Site that has Special Needs Y 49 B. Develop Based on Local University Research N 0 49 C. Achieve a Physical Element of a Plan Y 35 36 36 Sub -total Project Related: 85 120 2. Super Size Projects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399% Y 65 65 D. 400% and Over Y 52 52 Sub -total Super Size Projects: 210 210 3. Construction Related: A. Employ Local Companies Y 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contracts Y 19 20 D. Require Target Wage Levels N 0 19 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 22 G. Maintain Affirmative Action Plan N 0 18 20 Sub -total Construction Related: 59 141 4. Wage & Benefit Related: A. Pay Target Wage Levels N 0 B. Provide Health Benefits Y 34 33 C. Provide Pension Benefits Y 29 34 D. Provide Training Y 28 29 28 E. Provide Child Care N 0 F. Provide Transportation Assistance N 0 15 G. Provide Employer Assisted Housing program N 0 14 9 Sub -total Wage & Benefit Related: 91 162 5. Workforce Related: A. Create New Jobs N 0 B. Retain Existing Jobs Y 41 42 41 C. Maintain Affirmative Action Plan N 0 D. Provide Targeted Hiring Preference N 0 35 34 Sub -total Workforce Related: 41 152 6. Pay for Municipal Infrastructure- (point values are cumulative): A. Pay for Oversizing or Upgrading N B. Pay for 26 -50% of Extension Cost N 0 0 14 C. Pay for 51 -75% of Extension Cost N 0 26 D. Pay for 76 -100% of Extension Cost N 0 39 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Facility A. Support a Municipal Facility Y 84 84 Total Public Benefit Points: 570 1000 ' Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Additional Years of Abatement Multi - family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 g 394 8 over 7 Other Development Proiects• 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 1000 7 Subtotal from Points Summary: 570 Base Years of Abatement Additional Years of Abatement: Total Years of Abatement: 8 Hahn From: Phair, Paul <PPhair @holladayproperties.com> Sent: Wednesday, October 09, 2013 4:39 PM To: Kathy Hahn Cc: Baker, Tim Subject: Contractor and Material Info. for Lebermuth Attachments: SCAN4653 OOO.pdf Hello Kathy, Attached is the information for the contractors and materials to be included for the confirming resolution. I assume that this is early enough to get the confirming resolution on the agenda for the meeting on October 28th. In addition, Tim Baker and I would like to sit down with you and get a better understanding of how this particular abatement was projected and how it will work since these are improvements to an existing facility. Are you available on Friday morning at 9:45 to meet? Thank you again for your assistance and we look forward to speaking with you soon. Paul Paul Phair, VP — Market & Tenant Relations 227 S. Main Street Suite 300 1 South Bend, IN 46601 D:(574)217 -44981 M:(574)529 -8006 . .` PROPERTIES !!i tri Tube vII Y y R �p N 0 R N O O Y O m o Y_ .S M C R L N d d L R O CL C G O O u � m Y u C J O U y U/ � L •` Y C N a l0 j � C N aL+ O 0 + O m O Y u y N rR Y C . L. W Oq ! 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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 1. 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 $2.7977 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $.5511 on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $.0328 on each one hundred dollars of Taxable Property. Total Civil City Rate $3.3816 For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $.0666 on each one hundred dollars of Taxable Property. Total Redevelopment Rate $.0666 SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council 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. �_Zb 13 i_i PAS °eG � PUBLC F1` `.NG 3 rd READ6VG NOT APPROVED WE °RED PASSED Deputy City Clerk day of 2 , at Mayor, City of South Bend, Indiana Filed i CITY CLERK, SOUTH SEND, IPv 120ON CooNTY-Cm BoLDiNc 227 W. JEFFERSON BLVD. Same 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 October 24, 2013 Mr. Derek Dieter President, South Bend Common Council 4 °i Floor County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Levying Taxes and Fixing the Rate of Property Taxation for the Fiscal Year Ending December 31, 2014 — Substitute Bill No. 44 -13 Dear Council President Dieter: Attached herewith please find substitute Bill No. 44 -13 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. Similar to prior years, this substitute bill provides an estimate of the property tax rate required for the fiscal year ending December 31, 2014. 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 other factors. 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 �q 0 I� ii