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11-10-08 Council Meeting Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, NOVEMBER 10, 2008 1. 2. 3. 4. 5. 6. 7. INVOCATION PLEDGE TO THE FLAG ROLL CALL REPORT FROM THE SUB-COMMITTEE ON MINUTES SPECIAL BUSINESS REPORTS OF CITY OFFICES RESOLVE INTO THE COMMITTEE OF THE WHOLE 7:00 P.M. TIME: (BILLS 58-68, 59-08 AND 60-08 COUNCIL POR~TON ONLY) BILL N0. 58-08 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 59-08 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 60-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH .BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL, OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 64-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $73,382.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND N0. 288 FOR THE PURCHASE OF COMPUTERS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT 65-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $2,261,981 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 66-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,833 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM 67-08 PUBLIC HEARING COUNCIL OF THE TRANSFERRING $4 WITHIN FUND 212 DEPARTMENT OF DEVELOPMENT ON A BILL OF THE COMMON CITY OF SOUTH BEND, INDIANA X5,000 AMONG VARIOUS ACCOUNTS COMMUNITY DEVELOPMENT IN THE COMMUNITY AND ECONOMIC 33-08 PUBLIC HEARING ON COUNCIL OF SOUTH CHAPTER 2, ARTICLE MUNICIPAL .CODE FOR CLAIMS A BILL OF THE COMMON BEND, INDIANA AMENDING 5 OF THE SOUTH BEND PREAPPROVED PAYMENT OF 68-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES 69-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND; INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES RELATED TO ANIMAL CARE AND CONTROL 70-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR REMOVAL AND STORAGE OF ABANDONED VEHICLES 8. BILLS, THIRD READING TIME: BILL NO. 48-08 THIRD HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,. ANNEXING TO AND BRINGING WITHIN THE. CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA BEING ON THE EAST SIDE OF BURDETTE STREET APPROXIMATELY 120 FEET NORTH OF VANESS STREET AND ALSO THE NORTHWEST CORNER OF WILLIS AVENUE AND VANESS STREET 55-OS THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY • LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, JOHN D. & LEONA RAPPELLI AND ROSEMARY R. MANDRICI, 54902 IVY ROAD (A.K.A. IVY COURT), SOUTH BEND, INDIANA 58-08 THIRD READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 59-08 THIRD READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS,. AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 60-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 64-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $73,382.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND N0. 288' FOR THE PURCHASE OF COMPUTERS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT 65-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $2,261,981 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2009, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 66-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,833 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM 67-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $495,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS 68-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES 69-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES RELATED TO ANIMAL CARE AND CONTROL 70-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR REMOVAL AND STORAGE OF ABANDONED VEHICLES 9. RESOLUTIONS BILL N0. 08-96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR PROPERTY LOCATED AT THE 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 08-98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LAFAYETTE FALLS - PHASE IV, LOT NUMBERS 285-313, 340-383, 385- 394 AND 436-450 ALL IN PHASE IV AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 08-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1019 NOIRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A j5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT J. AND DEBORAH S. BERNHARD 08-100 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 CRESCENT OAKS - SECTION 2, A CERTAIN 80 LOTS LOCATED ON APPROXIMATELY 19.9 ACRES APPROXIMATELY 693 FEET EAST OF IRONWOOD ROAD, AND LYING BETWEEN JACKSON ROAD AND KERN ROAD- AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 08-101 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 ROYAL OAK ESTATES - SECTIONS 2 & 3, A CERTAIN 43 UNDEVELOPED, SINGLE FAMILY LOTS LOCATED SOUTH OF JOHNSON ROAD AND ~ MILE WEST OF MIAMI ROAD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR FIRST FEDERAL SAVINGS BANK 10. BILLS, FIRST READING BILL NO. 71-08 FIRST READING ON A BILL OF THE COUNCIL OF THE CITY OF SOUTH BEND, TRANSFERRING SIXTY-SIX THOUSAND HUNDRED TWO DOLLARS AND ELEVEN ($66,702.11) IN DORMANT MONIES FROM FUNDS TO GENERAL FUND N0. 101 AND OUT THE VARIOUS FUNDS 11. UNFINISHED BUSINESS 12. NEW BUSINESS COMMON INDIANA SEVEN CENTS VARIOUS CLOSING A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: ~: s:; ~ - ...~ ~~:~~. ~„ ~~'~: S ~., ~ 1 ~. fry _ 1~ ~, ,~~: ~~ City of South Bend Stephen J. Luecke, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller September 3, 2008 Mr, Timothy Rouse . South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: An Ordinance 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, 2009 An Ordinance Appropriating Monies for the Purpose of Defraying the. Expenses of Several Departments of the Civil City of South Bend, Indiana, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009, Including all Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect An Ordinance of the Common Council of the City of South Bend Appropriating Monies for the Purpose of Defraying the Expenses of the Designated Enterprise Funds of the City of South Bend, Indiana, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009, Including All Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect Dear Mr. Rouse: Attached for filing are three ordinances relative to the 2009 budget for the City of South Bend. Two of the ordinances are necessary to appropriate monies to defray expenses of several City departments and designated funds, and the third is necessary in order to levy taxes and fix the rate of taxation for the purpose of raising revenue. if you have any questions or comments regarding these ordinances, please feel free to call me. Your favorable consideration is respectfully requested. Sincerely, ~ - - ~, ~~ M. Catherine Fanello City Controller ~-- ~-~- ~. - ~ LOQ~ t ~V,i6Jc':~~ j~~{~~'iJ1: ORDINANCE NO. AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 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 raisuig revenue to meet the necessary expenses for 2009. 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 yeax 2008 to be collected in the year 2009 the following: For CORPORATION GENERAL FUND, the sum of $2.4000 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of $0.4500 on each one hundred dollars of Taxable Property.' For FIREFIGHTERS' PENSION FUND, the sum of $0.1000 on each one hundred dollars of Taxable Property. For POLICEMEN`S PENSION FUND, the sum of $0.0900 on each one hundred dollars of Taxable Properly. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $0.0650 on each one hundred dollars of Taxable Property. Total Civil City Rate $3.1050 For REDEVELOPMENT BOND (COLLEGE FOOTBALL HAIL OF FAME), the stun of $0.0790 on each one hundred dollars of Taxable Property. Total Redevelopment Date ~0.0°~90 Section II. Tlus 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 Councilr Attest: ~`,~„'f si?~`~` F''es `u ~~9 ~,iE~ f~.'3 ~'cft j :tF fr:~~ . ~.- ~p~,"i?_a^`~lc1[ki.'-~ :+~ Y~E:li~+ iC%`.`.'.-.'d p~f3'vi' .: t;5~ F.^32,r+~ i"tii v ~..°4.~'tMS~itr.r C{s~.~sG 4f b~'~'~ >`•+~~•~igs City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Day of , 2 , at o'clock . m. Approved and signed by me on the o `clock .m. Deputy City Clerk Day of ,2 ,at 1st READING `-~ -~~ PUBCEC HEARING 3 rd RFADIthG i+lO7 •AP?RCsV~; 4EFERR~D. ?A&S Mayor, City of South Bend, Indiana c r ~ - ~ %~i~i~ ~cl;:•~ vco~tli~~ G1TY CI~P?S, u(7. iIEPJ~, (~. 5. :.' "~' ~ ~ r ~ Yr,acF '~, ~~` ~. I36~~ City of South Bend Stephen J. Lueclce, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller . September 3, 2008 Mr. Timothy Rouse South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance 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, 2009 An Ordinance Appropriating Monies for the Purpose of Defraying the, Expenses of Several Departments of the Civil City of South Bend, Indiana, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009, Including all Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect An Ordinance of the Common Council of the City of South Bend Appropriating Monies for the Purpose of Defraying the Expenses of the Designated Enterprise Funds of the City of South Bend, Indiana, for the Fiscal Year Beginning January 1, 2009,. and Ending December 31, 2009, Including All Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect Dear Mr. Rouse: Aitached for filing~are three ordinances relative to t<'~e 2009 budget for the City of South Bend. Two of the ordinances are necessary to appropriate monies to defray expenses of several City departments and designated funds, and the third is necessary in order to levy taxes and fix the rate of taxation for the purpose of raising revenue. If you gave any questions ar comments regarding these ordinances, please feel free to call rne. Your favorable consideration is respectfully requested. Sincerely, / ~*~, r / l C. ~L/ U I M. Catherine Fanello City Controller ~~~~~ $1'~3 ~~~C'~C ~ SEP - 3 2QQ8 Lvx~~vao~~~ rt~, f S;t.r'dC, ~4.8~~~ ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009, 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 2009: NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of the Civil City Government, its various departments, funds, commissions, and institutions for the fiscal year ending December 31, 2009, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION II. Far the fiscal year ending December 31, 2009, there is hereby appropriated out of the General Fund and from Funds other than the General Fund, of said City to wit: Park and Recreation Fund Park Recreation Non-Reverting Fund East Race Waterway Motor Vehicle Highway Fund Community and Economic Development Fund Human Rights -Federal Fund Local Roads and Streets Fund Liability Insurance & Premium Reserve Fund Self-Funded Employee Benefit Fund Central Services Fund Redevelopment Bond Fund (College Football Hall of Fame) Professional Sports Development Fund County Option Income Tax Fund Cumulative Capital Development Fund Cumulative Capital Improvement Fund County Economic Development Income Tax Fund E.M.S. Capital Improvement Fund River Rescue Fund Hazmat Fund Morris Performing Arts Center Capital Coveleski Stadium Capital Parlc Department Non-Reverting Capital Fund Fire Pension Fund Police Pension Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Counc~ Attest: s;~'~"~? cs3c~~ar ~~~1 ~z'~ °;-_~„~:~a ~.:, City Clerk Presented by me to the Mayor of the City of South Send, Indiana on the _ Day of , 2 , at o'clock _. m. Deputy City Clerk Approved and signed by me on the o'clock .m. Day of ,2 ,at 1st P.EAbING l ~~~ `~ PUBLIC HEARIP~fG 3 rd READING NOT APPP~C+YEQ Mayor, City of South Bend, Indiana Z = 5~ f~P 4 SEP - 3 2G'U JGi~iN VOORCE CITY CLEE;IC, ~0• EiE~I?, Iii. P.EFE2RED PASSED r J w ,~ `~. ~' Pb.ACF ~_ ''~ ' . ~~ . ~ Z~6~ . City of South Bend Stephen J. Luecke, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller September 3, 2008 Mr. Timothy Rouse South Bend Common Council 4t'' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance 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, 2009 An Ordinance Appropriating Monies for the Purpose of Defraying the, Expenses of Several Departments of the Civil City of South Bend, Indiana, for the Fiscal Year Begimling January 1, 2009, and Ending December 3I, 2009, Including all Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect An Ordinance of the Common Council of the City of South Bend Appropxiating iYionies 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, 2009, and Ending December 31, 2009, Including All Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect Dear Mr. Rouse: Attached for f ling-are tluee ordinances relative to the 2009 budget for the City of South Benda Two of the ordinances are necessary to appropriate monies to defray expenses of several City departments and designated funds, and the third is necessary in order to levy taxes and fix the rate of taxation for the purpose of raising revenue. If you have any questions or coz~nents regarding these ordinances, please feel free to call me. Your favorable consideration is respectfully requested. Sincerely, ~,~ ~ ~ ~ ~, M. Catherine Fanello • City Controller s~P - 3 2aas • .~oHN VOGRDE CtTt CLERK, SQ. e>~iv~, iN. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE~DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, 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 2009. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF TI3E CITY .OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana, its various. departments, funds, commissions and institutions for the fiscal year ending December 31, 2009, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the funds hereinafter named in Section II, and for the purposes hereinafter specif ed in Section II, subject.to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2009, the above appropriations are made within the following funds of the City: Consolidated Building Fund Parking Garage Fund Solid Waste Fund Solid Waste Depreciation Fund Water Works General Operations Fund Water Works Sinkizig Fund Water Repair Insurance Fund Sewage Repair Fund/Insurance Fund Sewage Works General Operations Fund Sewage Works Depreciation Fund Sewage Works Sinking Fund Project Releaf Fund Century Center Fund- SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Coun ~1 Presented by me to the Mayor of the City of South Bend,.Indiana on the Bay of , 2 , at o'clock `. m. Mayor, City of South Bend, Indiana Approved and signed by me on the Day of , 2 , at o `cloclc .m. 1 s~ 12~,4D tq~~ l ~~ ` a g PUBClC~ FiEARIRG 3 rd READWG ~i~?T APPP~OYEQ P EFERl2Ep PASSED Deputy City Clerk SEP - 3 20Q8 JOe~~~ VQGRi3c i~ I ! Cl.EnK,.~C~. eEi~~i ~A~. CovNrr-CIrY Buunuac 227 W. JEFFERSON BLVD. Sovrx BEND, INDIANA 46601-1830 PxoNE574/235-9216 FAx 574!235-9928 TDD 574/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF .ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER October 27, 2008 L ~"~ \~ ~i" c~,~ ~j g' -~ " i ~ ~ ~~p ,.~ (~..~~, --~~' Tom LaFountain, Chair of Personnel & Finance Comm. County-City Building, 4th Floor 227 W. Jefferson Blvd. South Bend; IN 46601 Dear Council Member LaFountain: The following changes are proposed to the 2009 South Bend budget: 1. Decrease gasoline budgets in all funds that carry such budget. Total decrease equals $555,976. Estimated fuel now stands at $3.25 per gallon instead of $3.90. 2. Increase the General Fund 101 Community & Economic Development transfer to fund 212 from $931,160 to $953,300 for a total increase of $22,140. The incorrect amount was included in the original budget submission. 3. Eliminate Water Leak Insurance Fund 644 and transfer all activity to the Water Works General Fund 620. This is done pursuant to the IURC's comments that any future revenue increases to fund 644 would need to be approved by the IURC. Hence, no reason to track in a separate fund. The above changes reduce the citywide budget from $181,008,453 to $180,474,617. Two revised schedules are attached, 1 will present these changes to the Personnel & Finance Committee this afternoon. Thank you for your consideration of these changes. Sincerely, •~ ~ ~ ~~~'~~ M. Catherine Fanello cc: Common Council Members Mayor Luecke d' j ~a~i'iI.~ 4 per ~' 7 2008 ---::.::.::r.. ~z~~~, JANICE L. HALL. JoHNMvRrHY RosERTALLFN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY THE CITY OF SOUTH BEND SUMMARY OF EXPENDTTURES BY OBJECT AND FUND 2009 DRAFT BUDGET 2009 SALARII:SBENEFTTS 2009 SUPPLIES 2009 SERVICES 2009 CAPTTAL 2009 OTHER 2009 TOTAL 2003 ADOPTED GENERAL FUND $ 52,685,950 $ 2,605,658 $ 10,410,070 $ 28,000 $ 1,518,009 $ 67,247,687 $ 67,300,000 SPECIAL REVENUE FUNDS: Pazk General 7,743,531 1,499,585 2,079,592 - SI8,970 11,841,678 12,676,555 Pazk Recreation Non-Reverting 630,961 251,420 297,430 - 30,887 1,210,698 1,210,757 East Race Waterway 4,000 2,000 - 277 6,277 10,231 Motor Vehicle Highway Fund 2,893,753 1,908,963 120,072 - 134,712 5,057,500 5,148,740 Community & Economic Development Adrnin 1,937,970 29,538 327,419 - 33,661 2,328,588 2,489,659 Human Rights -Federal Grants 90,847 3,200 68,100 3,000 3,357 168,504 165,988 Local Roads and Streets 0 0 - - - ],258,000 River Rescue 3,000 3,100 53,800 12,500 72,400 72,400 Hazmat 0 0 - 4,797 4,797 7,500 INTERNAL SERVICE FUNDS: Liability Insurance Premium Reserve 174,747 4,100 2,401,800 - 50,375 2,631,022 2,454,339 Self-Funded Employee Benefits 35,627 4,500 13,515,150 - 285,749 13,841,026 14,296,435 Central Services 2,486,706 174,905. 271,136 - 63,018 2,995,765 3,059,822 CAPITAL / bEBT SERVICE FUNDS: - ' College Football Hall of Fame Bond - - 1,406,000 - 1,406,000 1,401,500 Professional Sports Development Fund - - - 850,000 850,000 889,620 County Option Income Tax - - 3,603,975 - 3,603,975 6,766,584 Cumulative Capital Development Fund - 5,000 1,217,239 - 1,222,239 1,710,196 Cumulative CapitallmprovementFund - - 594,000 - 594,000 594,000 Economic Development Income Tax - - 2,923,097 - 618,110 3,541,207 3,695,511 Emergency Medics] Services Capital - - 457,175 - 250,000 707,175 1,013,542 Moms Performing Arts Center Capita] - - 30,000 - 30,000 56,500 Park Deparhnent Non-Reverting Capital - - - - - 259,650 Coveleski Stadiwn Capital - - - - - 60,100 TRUST /AGENCY FUNDS: FirePensionFund 6,180,543 200 4,699 - 6,185,442 5,688,519 I Police Pension Fund 6,374,377 1,100 4,400 6,379,877 6,480,860 ENTERPRISE FUNDS: Consolidated Building Fund ],140,930 31,250 102,811 - 23,614 1,298,605 1,446,755 Parking Garage Fund 809,214 16,272 825,486 817,034 Solid Waste 1,492,164 350,200 2,640,400 - 131,836 4,614,600 4,324,497 Water Works 4,493,263 852,994 6,250,400 - 3,528,365 15,125,022 14,664,273 Sewer]nsurance 108,219 2,375 478,400 17,925 606,919 648,552 Water Leak Insurance (close out fund; transfer costs to Water Works General Fund - 825,476 Sewage Works 4,942,166 1,633,844 4,929,9]6 - 11,148,971 22,654,897 22,034,749 Project Releaf 64,629 4,637 75,000 - 213,077 357,343 356,181 Century Center 2,003,058 74,750 986,330 - 1,750 3,065,888 3,440,723 Total $ 45,482,441 S 9,445,319 $ 56,059,625 $ 43,297 $ 19,438,935 $ 180,474,617 $ 187,225,253 THE CITY OF SOUTH BEND 2009 GENERAL FUND DRAFT REVENUE & EXPENDITURE BUDGET (Fund #101) . 2009 % OF 2008 PERSONNEL SUPPLIES SERVICES CAPITAL OTHER BUDGET TOTAL BUDGET EYPENDITURES: Public Safety: Police Department 23,659,577 1,228,635 2,520,702 21,679 27,430,593 27,354,426 Communications Center 1,594,11 f 6,029 30,833 73 1,631,046 1,593,399 Building Maintenance 264,890 41,131 246,389 747 553,157 594,206 Fire Department 19,979,771 466,820 1,505,140 13,120 21,964,851 21,819,894 Board of Safety 13,301 0 0 0 18,301 76.7% 18,301 76.3% Highways and Streets: Engineering Division 1,039,464 209,200 2,703,208 6,419 3,958,291 3,909,932 Traffic & Lighting' 460,635 349,611 50,938 1,381,115 2,242,299 2,393,308 9.4% Code Enforcement:• Neighborhood Code Enforcement 944,596 101,949 390,433 57,816 1,494,794 1,535,036 Animal Control 367,026 70,156 77,062 3,948 518,192 497,645 Junk Vehicle 49,463 3,833 13,199 0 66,495 73,010 Code Hearing Officer 43,000 43,000 43,000 Unsafe Building 136,077 136,077 131,435 Weights and Measures 56,976 56,976 3.4% 56,976 3.5% General Government: Mayor's Department 613,075 14,371 253,728 16,703 897,877 926,246 City Clerk's Office 256,676 8,900 62,038 943 328,557 328,927 Common Council 254,534 7,205 142,387 28,000 564 432,690 413,260 Controller's Department 1,244,845 29,523 236,561 9,620 1,520,549 1,613,067 Legal Department 874,102 16,300 64,617 1,878 956,897 960,080 Human Rights Commission 266,973 2,700 31,558 646 301,877 6.6% 299,852 6.7% Culture & Recreation: Mon-is Performing Arts Center 548,802 30,900 349,403 2,458 931,563 912,429 Palais Royale Ballroom 249,109 18,395 231,744 280 499,528 558,884 SB Regional Musuem of Art Grant 65,000 65,000 65,000 Studebaker National Museum Management 195,527 195,527 2.5% 195,527 2.6% Other: Comm & Econ Development Subsidy 953-,300 953,300 931,160 Youth Services Bureau Grant 50,250 50,250 I.5% 75,000 1.5% TOTAL 52,685,950 2,605,658 10,410,070 28,000 1,518,009 67,247,637 90.8% 67,300,000 100.0% Percent of Total Expenditures 78.35% 3.87% 15.48% 0.04% 2.26% 100% 1222 S. IVIICHIGAN STREET SOI)TII BEND, INDL4NA 46601-2821 PHONE 574/235-9255 Fax 574/'235-9305 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR SOUTH BEND FIRE DEPARTMENT HOWARD W. BUCHANON FIRE CHIEF October 20, 2008 Mr. Tim Rouse Common Council County City Building South Bend, Indiana Dear Mr. Rouse: ct~ ~~' ~~ 46601 ~1~~==~ {11 f'~~~'Rt'~ ~~~-~~ OCT 2 3 2008 aof~ri vaoa~e ciN c~~~l~, ~o. ~~*;o,1N. Please find attached for filing an Ordinance requesting an appropriation for $73,382.00 within the Emergency Medical Service Capital Improvement Fund #288. The purpose of this request is to appropriate funds from a U.S. Department Homeland Security Assistance to Fit~efighters grant which was awarded to the City's Fire Department. This grant was awarded for a South Bend Fire Department firefighter computer based training program which will provide computers for all eleven fire stations along with other hardware and software which will allow firefighters to train on a computer at their station at any time. The grant's approved project costs total is $73,382.00. The federal share is 80 percent $58,706.00 of the approved amount and the city of South Bend Fire Department's share of the cost is 20 percent or $14,676.00. Funds are available and 1 respectfully ask your approval of the request. Assistant Chief of Services Mark Nowicki will make the presentation of this ordinance to the council. incerely, V i~ oward W. Buchanon ire Chief JAMES LoPEZ FEDERICO RODRIGUEZ, JR MARK M. NOWICHI STEPHEN E COX ` ~ ASST. CHIEF OPERATIONS ASST. CHIEF FIRE PREVENTION ASSISI'. CHIEF SERVICES ASST. CHIEF EMS f .~ ~~~lt ~o. 4,~C-~g ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $73,382.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND NO, 288 FOR THE PURCHASE OF COMPUTERS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT STATEMENT OF PURPOSE AND INTENT The U.S. Department of Homeland Security awarded the City of South Bend Fire Department a grant of $73,382.00 to provide computer based training. The grant funds will be used to obtain computers for all of the Fire Department's eleven stations along with other hardware and software. The City of South Bend is required to contribute 20% of the total project cost, or $14,676.00, and the U.S. Department of Homeland Security is contributing the remaining 80% of the cost, or $58,706.00 ------- --- - --- ------------NOVP-; THEREFORE=;"BEIT=ORDAINED by=the Comiriori Couneilyofthe=City-ofSouth-=-_-=- Bend, Indiana: Section I. The sum of $73,382.00 be and hereby is appropriated from Emergency Service Capital Improvement Fund No. 288 far the purpose of purchasing computers and other hardware and software to be used by the South Bend Fire Department pursuant to a U.S. Department of Homeland Security grant, of which 80% ($58,706.00)is the federal share and 20% ($14,676.00) is the City of South Bend's share. 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. ~'ti-~ 1 l~ A. Y~ ~c a-~- Member of the CoT moron Coun i~ Attest: City Clerk e, , . Es ~a~~t ]. ~~~ Fib '~.Sy<., t;v'r„>e~,~-~~' r~t3 .. -= 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. 7 st READ€NG Pue~le hEAR~r~G 3 rd READ{NG fVOT APP?OYEt~ REFEP.RED PASSED 2 , Mayor, City of South Bend, Indiana ~€~~d Its ~~(~rk'~ ~~f€c~ OCT 2 2 rig;? JOHiJ VGC;~iiE CITY C4.ER~~, eQ. Bw~S1; iN. 1200 COUNFY-CI1Y BLJILDII~G 227 W. JEFFERSON BOULEVARD Sovrx BEND, INDIANA 46601-1830 JEFFREY V. GIBNEY EXECUTIVE DIRECTOR CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY $L EC~~TI~Qp~EVELOPMENT Mr. Timothy Rouse President South Belid Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Rouse, I~~l~ No. bS_o~ PxoNE574/235-9371 Fnx 574/235-9021 TDD 574/ 235-5567 The attached bill for Council consideration and approval will appropl-iate $2,261,981 in 2009 Commnmity Development Block Grant (CDBG) funds. This action complements the -~-- -transfer=of $495;000=in-reprogranuned=funds arid=together-theme allocate=new-funds -in=accordance=-==~___ -- with the 2009Action Plan of the Housing and Community Development Plan. As was discussed with the Community & Economic Development Committee on October 6th, the 2009 HCD Action Plan was the subject of a 30-day public conlrnent period that began September 26, 2008 and expired October 29, 2008. In addition, the 2009 HCD Action Plan was the subject of two public hearings held on October 9, 2008. Comments received during the comment period and public hearings were taken into consideration in developing the fina12009 HCD Action Plan. Should there be any questions on this bill please contact me at 235-5845. Jeff Gibney or I will be present to address this issue at the November 10`h meeting. Thank you. Sinc ely, "` Pamela .Meyer Director cc: Jeff Gibney john March Judy Rosheck COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL LL PROGRAM / PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZADETH LEONARD `Y/ ~I FAx: 574/235-9697 574/235-9371 ~~/ I IIQ~i In ~i~rk'~ ~~fl~e aCT 2 2 Zoos d0ii[d VQQFsDE CTf`f Ct.EFiK, SQ. 3~i1D, iN. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $2,261,981 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2009, TO BE ADMIlVISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Purpose and Intent: The government of the City of South Bend, in partnership with the City's private sector and residents, is committed to the goal of improving the quality of life in the City, its neighborhoods, and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of ____ Community acid Economic Development, will apply for and anticipates receiving on or about ---- --January 1-2009 the approval of~he United States Departrnent of"Housing and~~CJrban - ----- - ------ Development.to expend $2,261,981 in the execution of certain housing rehabilitation/assistance, code enforcement, public improvement, neighborhood development, public service, and general program planning and development activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $2,261,981 is hereby appropriated for the program year starting January 1, 2009, for the City of South Bend's Community Development Block Grant Fund (Program Year 2009). The appropriation shall be used as approved by the United States Department of Housing and Urban Development under Title Twenty-four (24) of the. Code of Federal Regulations, Part Five Hundred and Seventy (570) for the Communty Development Program Year 2009. This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2009 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions: B-09MC-18-0011 Communi Development Program Housing Development Corporation -REWARD 40,000 South Bend Heritage Foundation - Washington/Dunbar rental rehab 250,000 South Bend Heritage Foundation -Colfax Campus Improvements 56,250 South Bend Heritage Foundation - NNRO Program Delivery 75,000 Near Northwest Neighborhood -Community Building 93,000 Near Northwest Neighborhood -Program Delivery 30,000 Near Northwest Neighborhood -Revitalization Program 340,625 Code Enforcement - Vacant& Abandoned Bldg. Demolition Program 350,000 Code Enforcement -Demolition Program in NRSA 126,000 Community Homebuyers Corp.-Forgivable Second Mortgage 300,000 Community Coordinated Child Care- Subsidy Program 33,401 YWCA -Neighborhood Outreach 36,634 REAL Services -Older Adult Crime Victims 6,465 REAL Services- Guardianship Program 6,465 FCC Counseling & Development Services -Therapeutic Services 24,244 South Bend police Department -Neighborhood Foot Patrols 67,500 South Bend police Department -Neighborhood Watch Program 21,551 Boy's & Girl's Club - Youth Development 21,551 Habitat for Humanity -Cleveland Rehab 40,000 Division of Community Development - SB Home Improvement Program 321,295 LaCasa de Amistad_- Community_Qutreach Services _______________ 15,000 Southend hunrlan Rights Commission = Fair Housing Activities _--- 7000--__ --- TOTAL $2,261,981 SECTION II. No costs will be incurred or funds expended for any of the activities addressed in this ordinance prior to completion and subsequent certification of the Environmental Review Process specified in Title Twenty-four (24) of the Code of Federal Regulations, Part Fifty Eight (58) containing the Environmental Review Procedures for the Community Development Block Grant Program, and an official release of funds received from the United States Department of Housing and Urban Development. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ,--. ~ ~~~-~~~ Member of the Common Co cil Attest: City Clerk °~p~3F5'Z-~ ~`3 bt `~1 e. ~ r ' h ... ~CUYEL' fn~~t 1dv~a3E~~ fw~~~da~Y ~S' x S°:~i« 6~a~~rr Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock .m. at Appxoved and signed by me on the o'clock .m. City Clerk day of , 20~ Stephen J. Luecke, Mayor 'I sE {2~ADIFICy. . PU6lIC HEAR{F(~'. 3 rd READING NOT APPROVED REEEARED ~ PASSES ~ ,.. OCT 2 2 2008 Jt]li3J VOORCE CITY ClEnK, S0.6Ei~D, lld. 1200 Courrrr-CrrY Bull.nuJc 227 W. JEFFERSON BOULEVARD SOLiTH BEND, INDL4NA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT ,JEFFREY V. GIBNEY EXECUTIVE DIRECTOR October 20, 2008 Rev. Timothy Rouse ~~ ` ~ ~ ~ ~ (_ ~_,_ ~ g' President ~J tV South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Rouse: The attached bill for the Council's consideration and approval will appropriate $I 18,833 in 2009 Emergency Shelter grant (ESG) funds as part of the 2009 Action Plan of the 2005-2009 Housing & Community Development Plan. As the Council will recall, the proposed allocation of funds was discussed at the Community &Economic Development Comrrlittee meeting on October 6, 2008 and made public for the 30 day comment period beginning September 26, 2008. The Plan was also the subject of two public hearings on October 9, 2008. Should there be any questions on this bill please contact me at 235-5845. Jeff Gibney or I will be present to address this at the November 101'' meeting. Thank you. Sincer y, ~~ Pamela C. Me er Director cc: J. Sellers ~ii~d In Gl~rk'~ ~~~`~~ J. March J. Gibney OCT Z 2 ~C:C vo~€~a' so. ~~ moo, -N. c~rr c«.r,~, COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574(Z35-9660 574/235-9371 ELIZABETH LEONARD (^~~(~ FAX: 5741235-9697 574/235-9371 ~ U,~„~/ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDLANA APPROPRIATING $118,833 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT Ili order to deliver service to homeless individuals within our community, the City of South Bend received funds fiom the U.S. Department of Housing and Urban Development for the delivery of such services through various sub-grantees. The funds appropriated in this ordinance will aid in defraying the costs of shelter operation and maintenance and in providing essential services and assistance in homeless prevention. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, lizdiana: ---Section_I. T_he_Sum_of_$_ll8,833~s_hereby_approprated in fund 212 and allocated _ among accounts as set forth below. This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2009 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions in 2009: PROJECT NUMBER DESCRII'TION JES 09-1 Center for the Homeless JES 09-2 AIDS Ministries/AIDS Assist JES 09-3 Youth Service Bureau JES 09-4 YWCA AMOUNT $32,096 15,440 26,325 44,972 TOTAL $118,833 Section II. No costs will be incurred or funds expended for any of the programs addressed in this ordinance prior to completion and subsequent certification of the Environmental Review Process specified in Title Twenty-four (24) part Fifty-eight (58) of the Code of Federal Regulations, containing the Environmental Review Procedures for the Emergency Shelter Grants Program, and the receipt of an official release of funds from the U.S. Department of Housing and Urban Development. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. Member of the ~~~ "~ 1 ommon Counci Attest: .,, ity Clerk ~~4~s~t'~:~ ~f t?t'fi ~'"~ ~~ ~~°'F, ~~ r.~~'~:;?F~ 4.~ ".J Presented by me to the Mayor of the • --------_daY of City of South Bend ' ?--.__., at , Indiana an the ------_._... a clock Approved and si ~_, at , 9ned by me on the ----__ o clock -~• m. ~__ day of Mayor, City of South Bend, Indiana ----.._ ~ 3 ~ AU6iIC HEAR( SIG ~. a~ ~ ~`` sl~ta~,s -^-m-~ 3 rd READ~,~G .... hOT APPRpYED REFERRED QGT ~ 7 f;;t~p ~,: ~'.; AASSED _ dCi•?f~t 4'C~' ~f C(7'T G? A "~ z ...____~,.:.,.~. ~... ~~r~, Fed. 1200 CouNTY-CrrY BUILnIIJG 227 W. JEFFERSON BOULEVARD SovTx BEND, 1NDLINA 46601-1830 PxoNE574/235-9371 FAX 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY $L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY ExECUrrvE DlxrcTOR October 20, 2008 Rev. Timothy Rouse President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Rouse: ~5~~\ I~o_bZ-c~ The attached bill for the Council's consideration and approval will transfer $495,000 in Community Development Block Grant (CDBG) funds as part of the 2009 Action Plan of the 2005 - 2009 Housing & Comrnuluty Development Plan. As the Council will recall, the proposed allocation of fiends was discussed with the Con~rnunity & Economic Development Committee on October 6, 2008, and made public beginning September 26, 2008 fora 30-day public continent period. The plan was also the subject of 2 public hearings on October 9th. This bill is a companion to the CDBG general appropriation bill of $2,261,981 also filed today. Should there be any questions o11 this bill please contact me at 235-5845. Jeff Gibney or I will be present to address this issue at the November 10`'' meeting. Thank you. Sinc y, c Pamela C. Mey - - Director @i~~ Its ~I~ck'~ p~f'tc~ ___--- cc: John March Judy Rosheclc ~~ i 2 2 2~0$ Jeff Gibney 3(3ei^k VOQ 6E1~D~ CITY Gi.E~i_~_ COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL &~PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT ~) i 574/235-9660 5741235-9371 ELIZABETH LEO HARD IYN FAx: 5741235-9697 574/235-9371 O ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $495,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT 1N THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Statement of Pumose and Intent: In order to assure the efficient and timely utilization of Community Development Block Grant Funds in accordance with the community's Housing & Community Development Plan, transfers are needed: NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $495,000 is hereby transferred among accounts within Fund 212 as set forth below. This appropriation shall be administered by the Department of Community and Economic Development and its subgrantees, in accordance with the 2009 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions: --Re~lc uce- -e-followm~~==-~__-__ - - __---_ ==Amount-=- _--- _-`-. CD06 - 8107 REWARD 15,686 CD06 - 8104 CHC 2,171 CD07 - 8113 Rebuilding Together 4,269 CD07 - 8100 Program Delivery 93,791 CDOS - 8141 NPC PW 18,148 CD06 - 8141 NPC PW 92,684 CD07 - 8141 NPC PW 203,139 CD07 - 8134 Indiana Plan 23,850 CD07 - 8170 SBPD Neighborhood Watch 13,281 CD07 - 8171 SBPD Foot Patrol 48 2007 -Excess Program Income 27,933 Total $495,000 Increase the following: Amount 2009 Rebuilding Together, Inc. 125,000 2009 Near Northwest Neighborhood, Inc.- Administration 80,400 2009 South Bend Heritage Foundation, Inc -. Administration 140,895 2009 Community Development Division - SB Home Improvement Program 148,705 Total $495,000 SECTION II. This Ordinance shall be in frill force and effect from and after its passage by the Common Council and approval by the Mayor. . f ~ ~~~ 1~-- /~~~ Member of the Common Counci .Attest: rtsj ~~ L'9e~~y ~t a ~.., ..`e c'• C6J ~." ,. ..' C°.d _z c. r ~C~ v) .~ ( City Cleric Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock .m. City Cleric Approved and signed by me on the o'cloclc .m. day of 20i, at Stephen J. Luecke, Mayor 1 st READING' PU6LEC HEARING 3 rd READING NO'f APPROV~b! f:ErE,°,RED °ASSEA, ~~~~d @Cl ~~e~'€'~~'e ~ s a~~ QCT Z ~ _ , ; __ _..~ <~~?tr Vi~C?dL~~ CI':1`GLE%i Su, ^C:rr7, II'J. 1400 COUNTY--CITY BUILDING 227 W. JEFFERSON BOULEVARD Sovrx BEND> INDL4NA 46601-1830 CITY OF SOUTH BEND STEPHEN 1. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 5741235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY May 20, 2008 CHIEFASSLSTANTCITYATTORNEY Mr. Timothy Rouse _ President, South Bend Common Council ~ ~~ ~ ~ _ ~ ~--c~~ 4~' Floor, County-City Building ~ -,_.,. South Bend, IN 46601 Re: Ordinance Amending Chapter 2, Article 5 of the South Bend Municipal Code Dear Mr. Rouse: On May 12, 2008 the South Bend Common Council passed Bill 22-08 which authorizes the Board of Public Works at the request of the City Controller to make claim payments in advance of Board allowance of such claims. Authority for this procedure is derived from Indiana Code § 36-4-8-14. During the Council's deliberations on Bill 22-08, Council's attorney recommended that the South Bend Municipal Code be amended to codify this authority. The attached ordinance will do just that. I will present this ordinance to the Common Council at its committee meeting and at the public hearing. I thank you in advance for your favorable consideration of this ordinance. Sincerely, ~~ ~~~ ~G; Aladean M. DeRose Chief Assistant City Attorney AMD/cw cc: Kathleen Cekanski-Farrand THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL HASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS STATEMENT OF PURPOSE AND INTENT On May 12, 2008 the South Bend Common Council approved and passed Bill 22- 08 which authorized the Board of Public Works upon request of the City. Controller to make claim payments in advance of Board allowance of such claims pursuant to Indiana Code § 36-4-8-14. Bill 22-0$ authorized this procedure in full conformity with Indiana Statute, and it is now necessary to codify such authority within the South Bend Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. Chapter 2, Article 5 of the South Bend Municipal Code is hereby amended to add a new Section 2-50.1 which shall read as follows: Section 2-50.1 Preapproved Payment of Claims Unless otherwise required by State law (Indiana Code § 36-4-8-14), the Board of Public Works of the City of South Bend, Indiana, on request of the City Controller, may make claim payments in advance of Board allowance of such claims for the following kinds of expenses: (1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions; (2) License or permit fees; (3) Insurance premiums; (4) Utility payments or utility connection charges; (5) General giant programs where advance funding is not prohibited and contracting party posts sufficient security to cover the amount advanced; (6) Grants of state funds authorized by statute; (7) Maintenance or service agreements; (8) Leases or rental agreements; (9) Bond or coupon payments; (10) Payroll; (11) State, federal; or county taxes; (12) Expenses that must be paid because of emergency circumstances; (13} Fees and expenses related to real property transactions such as the cost of obtaining title information, and the recording of documents; and (14) Other expenses expressly permitted by state statute as amended from time-to-time. Each payment of claim made shall be supported by a fully itemized invoice or bill and certification of the City Controller, and the Board of Public Works shall review and allow the claim at its next regular or special meeting following the pre-approved payment of the expense. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2008, at o'clock .m. City Clerk Approved and signed by me on the day of , 2008, at o'clock . m. Mayor, City of South Bend, Indiana 1 sP P~ADt~dG' ~ ~'~`^~ FUBL(C NE/aE2t~JG 3 rd REA.D[~!G ~`~i' AFFROVELI 'S L~~ ERED FUSSED ~~ ss 5 '0 v f it`iNY (: ~ cUCc~ CfTY GLEEsC, SQ. FfEtt~, t;~. 1400 COUNrY CrrY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND,1NDiANA 46601-1830 PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECICE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY October 27, 2008 Mr. Timothy Rouse President, South Bend Common Council 4`I' Floor, County-City Building South Bend, IN 46601 ~ w( ~~~ (~ ~'` ~ ~ }~ ~ _ ~~~ t~ Re: Amended Fee Ordinance Dear President Rouse: Attached is an amendment to the proposed Fee Ordinance. The only change from the ordinance submitted last week is in Items 6 and 7. A third classification has been added to Item 6. The Police Department has two different methods of reproducing photos. The cost to the department is substantially different and is reflected in the fees proposed. The choice of method is determined by the request of the customer. In Item 7 I have clarified that the charge is per fingerprint card. Each additional original card will take the same amount of time by a police office: Thank you for your consideration, and I apologize for any inconvenience this may cause. Very truly yours, Thomas L. Bodnar Assistant City Attorney TLB/cw ~~~~ ~~C~~'~ ~~~t~~ OCR 2 7 2008 -~~~~~ v~~~~~ THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY \Q. JANKOWSKI JOHN R. LIVINGSTON JEFFREY L. SANFORD JOHN E. BRODEN v"b S~ ORDINANCE NO. -OS AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 1~ OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES STATEMENT OF PURPOSE AND INTENT In 2000 the City of South Bend enacted an Ordinance establishing fees for various reports and documents of the City of South Bend, These fees should be and have been reviewed and adjusted periodically to reflect increased costs of the production of these documents and other services. I.C. 36-1-3-8(a)(6) gives the City .the authority to set fees providing they are "reasonably related to reasonable and just rates and charges for services." These changes reflect those adjusted costs and establish costs for other services. This Ordinance establishes a higher fee for color photo copies and raises the fee for clerk certifications, finger prints, and motor vehicle accident reports. I.C- 5-14-3- 8 was amended effective July 1, 2007 and now authorizes a certification fee of up to $5.00 and a color copy fee of up to $0.25, both of which are included in this ordinance. The other changes reflect increased costs. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of South Bend as follows: Section I. Chapter 2, Article 18, Section 2-210 of the Municipal Code of the City of South Bend is hereby amended to read in its entirety as follows: (a) The following reasonable fees are established, to be paid by the requesting party not later than the time of delivery of each of these services or each of these documents described: 1. Each page of any document which is a Public Record under I.C. 5-14-3-2 which is not excepted from disclosure. (a) non-color photo copy $0.10 (b) color photo copy $0.25 2. Motor vehicle accident reports. $8.00 3. Police Summary Report (a form of report which does not exist as a record prior to public request and is not explicitly mentioned in this section) ~~ _ a. Victim $5.00 b. All others $8.00 4. Police Department Crime Statistic Compilation (A form of report which does exist as a public record prior to public request) $-5-:99 $8.00 5. Audio Tapes or CDs, per-~ap~ item ~9 a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources $2.00 (plus outside costs) 6. Photographs: a. Those reproduced by the City of South Bend from its negatives (no larger than 8" x 10")bier. $1.00 b: Those reproduced by the City of South Bend using color sub-dve print method. $5.00 h. c. Enlargement of Polaroid or reproductions requiring Outside resources (plus outside cost) $2.00 7. Eepi€~-e€ FingerprintsinQ an Individual. $~00 15.00 ep r card 8. Arson Reports. $25.00 9. Blueprints, per page $6.00 10. Videotapes or DVD ,per--t~~ item a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources $2.00 (plus outside costs) 11. ~:-ernput~r Data Discs, per disc $3.00 12. Maps, per square foot of paper $1.00 13. EMS Report $15.00 14. Motor or Recreational Vehicle Inspection and Rebuilt Salvage Inspection ~:~9 a. Occurring at the Police Station $5.00 b. Vehicle Inspection Occurri~ away from the Police Station $30.00 c. Rebuilt Salvage Inspection Occurring away from the Police Station $50.00 15. Limited Criminal History Reports a. Request to process Limited Criminal History $3.00 b. Request from the subject for a copy of his/her Limited Criminal History ~~9-$7.00 c. Copy of Limited Criminal History on another person $7.00 However such request shall be provided free if mandated by I.C. 10-13-3. 16. Processing Request for Limited Juvenile History $5.00 17. Providing Materials Other Than Public Records Requests $10.00 plus Unless Falling into Other Specific Cate og ries $0.10 per page; $15.00 per tape; $15.00 for first photograph and $5.00 for all others 18. Requested Mailing of Public Records Q t •n a. Standard Business Size or Smaller Envelope $2.00 b. Manila Envelope 9" x 12" or Lamer $3.00 c. Package $5.00 19. Handgun License Application, Subject to Refund per I.C. 35-47-2-3 $-1-8:08 a. Yearl~Hand~un License Application $10.00 b. Lifetime Handgun License Application, 20. CPAT Testing Offered to Other Fire Departments a. Set Up and Break Down Costs b. Training Session Conducted by SBFD c. Testing Conducted by SBFD 21. Processing Fee for Police Department Tow 22. No Trespass Suns a. Laminated 19" x 26" b. Laminated 14" x 22" c. Metal 18" x 24" $50.00 $6499 $700.00 X9:98 $350.00 $48-:08 per $45.00 applicant ~9~$10.00 $10.00 each $6.00 each $35.00 each (b) Where documents in any one (1) request exceed ten (10) pages and for requests of items 2 through 12, inclusive, the City may require payment by the purchaser in advance of the City's production of the record. (c) If an individual wishes to have any records certified by the City Clerk or any employee of the City of South Bend, there shall be a ewe five dollar charge for the certification in addition to the charges, if any, set forth in the above subsection (a). (d) Any fees collected pursuant to this section by the South Bend Police Department shall be deposited into the Law Enforcement Continuing Education Fund for training supplies and equipment with all interest earned on the monies deposited in said fund be retained therein. (e) Any fees collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S. capital fund for capital purchases and leases of E.M.S. equipment, firefighting equipment, and fire station and fire station repairs as further addressed in § 9-17 of the South Bend Municipal Code. • Section II. This Ordinance shall be in full force and effect from and after the date of its passage by the Common Council, approval by the Mayor and legal publication. Member, Sout Bend Common ouncil Attest: +b'~oi1.*~G 4+^J ~"a~~ :E t.r c y~~~a3i .. t! _ iaY t~ Y~'pSp ir.1~Y~.~ 3 ~att~W~~ ~~~~~ ~s~ Y~'~f~ ~=~~ ~, City Clerk Presented by me to the Mayor of the City of. South Bend, Indiana on the 2 , at o'clock . m. day of City Clerk Approved and signed by me on the' day of 2 at o'clock . m. Mayor, City of South Bend, Indiana F:\DATAiSHAREiLegal\WpdataiTBodnar\Ordinances\Fee Adjustments Amended 102703.doc ~ ~fi R~a~lNr~ FE16LtC HEARING 3 rd f?E:',Di{VG NOT A~PIZQYED REFERRE[}. PASSEC9, O CT 2 7 2008 JQFiPd VCAR@E CITY CLERK, S0. ~EPdQ, IPl. 1400 Comm-CrrY Bun.DrNG 227 W. JEFFERSON BOULEVARD Sovrx $END> INDIANA 46601-1830 PxoNE574/235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LuECxE, MAIOR DEPARTMENT OF i .AW CHARLES S, LEONE ALnDEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY October 20, 2008 Rev. Timothy Rouse South Bend Common Council Fourth Floor, County-City Building South Bend, Indiana 46601 ~~1,~ ~o. ~~l-~~ RE: An Ordinance of the Common Council Amending Chapter 5 of the Municipal Code to Adjust Fees Related to Animal. Care and Control Dear Rev. Rouse: Attached for filing with the South Bend Common Council, is a proposed ordinance to adjust the fees to cover the City's costs in providing Animal Care and Control Services. Catherine Toppel or Gary Libbey will present the proposed ordinance to the Council at the Committee and Common Council meetings. I respectfully request your favorable consideration of this proposed ordinance. If you have any quest-ions in this regard, please do not hesitate to contact me. Sincerely, ~~ /'~~''-~ Ann-Carol Nash Assistant City Attorney cc: C. Toppel Enclosure ~~l~~ ~~~ ~.Es.i z,~, ~ ~#~~~~ nrY _ ? ^ X03 c~r~r c~~ir~, ~~, aF~Q, E~. THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. MET'EIVER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES RELATED TO ANIMAL CARE AND CONTROL STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 5 of the South Bend Municipal Code, to adjust fees for City services related to Animal Care and Control. The Common Council of the City of South Bend determines that the current fees related to Animal Care and Control, enacted in 1996, should be adjusted to reflect the current cost of providing services to owners of animals within the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION. I. Chapter 5, Article of the South Bend Municipal Code to read as follows: 4.5, Section 5-27, subsection {b) shall be, and hereby is, amended Sec. 5-27. Licensing. (b) The owner of an American Pit Bull Terrier or other dangerous animal shall apply to the Department of Code Enforcement Animal Control Division or the City's duly authorized third party for licensing of said animal. The application shall be on a form provided by the ~y e~~raT~~-'^ _rL`~_ Department of Code Enforcement Animal Control Division or the City's duly authorized third party and shall be accompanied by al of the following: (1) Verification of the owner's name and current address by way of providing a photostatic copy of his or her driver's license. (2) Proof that the applicant owns said animal, and is eighteen (18} years of age or alder. I months. An exception is only made if a licensed veterinarian certifies that the animal is physically unable to undergo such an operation within the time limitations. {b) All impounded dogs or cats which will become adopted shall be permanently identified at the .time of adoption with a microchip, at the expense of the new owner. (c) The Department of Code Enforcement shall be responsible for maintaining recoxds of adopted animals and for enforcing the provisions of this section. The owner of an animal who surrenders the animal to the City or its designee shall pay the costs incurred by the City or its designee in accepting the surrendered animal. ~ The City shall charge the following fees for performing the following services related to animal identification, boarding, care, adoption, and surrender: Adoption of dpg Adoption of cat Pick up surrendered animal Microchip Euthanasia Veterinarian Spay/neuter surgery Surrender Boarding (per day) 75.00 60.00 ' 20.00 10.00 20.00 Cost of veterinarian fees 75.00 20.00 20.00 SECTION III. Chapter 5, Article 6, Section 5-33, subsection (h) of the South Bend Municipal Code shall be and hereby is, amended to read as follows: Sec. 5-33. Impounding Procedures. (h) An owner redeeming an impounded licensed animal, err-~-ri shall pay no redemption fee to the city or its designee on the first occasion of any animal belonging to that owner being impounded, before such animal is released to the owner by the animal control agency. An owner redeeming a licensed impounded animal, shall pay to the City or its designee a redemption fee of twenty dollars ($3~:-6$ 20.00) on the second occasion that an animal belonging to that 3 individual is impounded, before such animal is released to him by the animal shelter. An owner redeeming an impounded animal which is required by this chapter to be licensed but which was not licensed at the time of the impoundment shall pay to the city or its designee a redemption fee of ~y thirty dollars ($~e 30.00) before such animal is released by the animal shelter. The redemption fee for any .impounded animal shall increase by an additional f fifty dollars ( $z-5-fr~) per impoundment for each subsequent time within a ~ twelve-month period that the same or any other animal belonging to the same owner may be impounded. SECTION IV. Chapter 5, Article 8, Section 5-47 of the South Bend Municipal Code shall be and hereby is, amended to read as follows: Sec. 5-33. Fees. (a) Application for all licenses or permits required by this chapter may be made with the City Controller or ~ designee, or by mail, and shall include name, address of applicant, type or permit applied for, number and description of animal(s), proof of rabies vaccination, information regarding sterilization, and appropriate fee . (1) All applicants must be in other applicable state or been convicted of any of set forth in IC 35-46-3-3 (12) months. compliance with zoning and all local laws, and shall not have the cruelty to animal offenses et seq., within the past twelve (2) Those permits that require prior inspection will not be issued until proof of such inspection is made available to the City Controller or ins designee by the inspecting agency. (b) Licenses and permits required by this chapter are to be issued for a term of one (1) year effective from the ~~l~t~~y date of the pet's rabies vaccination and shall remain valid through midnight of the same date 3~ of the following u~p year; inclusive;_ Licenses for new pets. shall be obtained within 3 0 days of acquiring the animal w~~ ~-p~- s 1-a±,~--, ~ Applicants for licenses that are riot renewed within thirty (30) days of expiration will be required to pay an additional five.dollars ($5.00). as a late fee for each 4 license or permit required; provided,. however, that circuses, Carnivals, performing animal acts, or exhibitions shall be exempt from the late fee. (C) Upon approval, the City Controller or i~ss designee shall issue a license or permit in written form which includes number of license or permit, type of license or permit, and all pertinent information. In addition, the City Controller or h~ designee shall issue a durable tag stamped with license number and year of issuance for each pertinent license. (d) The City Controller or i~ designee shall maintain records of all licenses and permits issued pursuant to this Chapter. (e) All license or permit fees shall be paid at time of application, and prior to the. issuance of the permit or license. SECTION ~T. Chapter 5., Article 8, Section 5-47 of the South Bend Municipal Code shall be and hereby is, amended to read as follows: Sec. 5-47. Fees. (a) In addition to all other fees required by law to be paid, dog and cat owners shall pay the following annual fees, and receive a tag verifying that their cat or dog has been properly vaccinated pursuant to this chapter: Each altered dog or cat .......... $~--6$ 15.00 Each unaltered dog or cat ........ -fie-:-0~ 25.00 Replacement tag .................. 5.00 Providing dog or cat ~~ with a microchip ................. 20,00 For each dog or cat which has a microchip, the costs shall 5 be as follows: Each altered dog or cat .......... -4-0~ 10.00 Each unaltered dog or cat ........ -x-6-6 15.00 Replacement tag 5.00 Pet owners who are sixty--five (~-s 65) years or older and disabled persons utilizing a dog or cat shall pay a discounted cost of five dollars ($5.00) less than the amount of the annual fees listed (1) Application for a pet registration must be made within thirty (30) days of acquiring a dog over the age of six {6) months, or within thirty ( 3 0 ) days of the date in which a puppy or kitten attains the age of six (6) months. (2) This requirement will not apply to non-residents keeping an animal within the City for not more than thirty (30) days. (3) Failure to comply with the provisions of this section shall subject the owner of said dog and/or cat to being issued an ordinance violation citation subjecting the owner to a fine set forth in section 5-49(d). (b) Pet shop permit: Fee .............................. $140.00 (1) Permit will be issued after inspection approved by Code Enforcement Department or its authorized agent and verification of the same submitted to the Controller's Office. (c) Circus and carnival permits: Fee ..........................~.... As set forth in section 4-22. 6 SECTION VI. This ordinance shall be in full force and effect on January 2, 2009. Attest: City Clerk ~.fa yT~~~ai "4 Lr_pn ~. 4 `nr~ ~n4~~s fp. ~~P1)°at. a;~ "',s'~r 6n zd , s, j 7 . F~ J 4 . 'i~ ~ C.:3 ~ 5 J ,::v ~+... ~t~,.~: ..9 ~...o ..:,a; su~~A q_L. ~,9 s.~r zat tR~~ C:~.fs2 I.vu'~~°1:~ GR~/u~i~ ~i~i ~i6ii~7 ~u°.~'t:l~~.. Presented by me to the Mayor Indiana on the day of .m. City Clerk Approved and signed by me on the at o`clock .m. Mayor, City of South Bend, Indiana 1st REAL3I~~G L ~ ~ Z~ _q PUBLfC ;~EARl~G ~ 3rd READING NOT APPROVEQ REFERRED PASSE® .--, Member of the Common C until of the City of South Bend, _, 2008, at o'clock day of 2008 ..~. 4Vla i'~ ~FV~("t~E CITY GLERK, E0. >:Et~f4, fN. 1400 Courm CITY BUII.DING 227 W. JaFFrasoN BOLtLEVARD SovTx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PxoNE574/235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT' CTTYATI"ORNEY October 20, 2008 Rev. Timothy Rouse South Bend Common Council Fourth Floor, County-City Building ~`~~ ~ ~ , 7~._~j Qr South Bend, Indiana 46601 ~" U _„_~ RE: An Ordinance. of the Common Council Amending Chapter 20 of the Municipal Code to Adjust Fees for Removal and Storage of Abandoned Vehicles Dear Rev. Rouse: Attached for filing with the South Bend Common Council, is a proposed ordinance to adjust the fees to cover the City's costs in removal and storage of abandoned vehicles. Catherine Toppel or Gary Libbey will present the proposed ordinance to the Council at the Committee and Common Council meetings. I respectfully request your favorable consideration of this proposed ordinance. If you have any questions in this regard, please do not hesitate to contact me. Sincerely, ,~ ~~% ' '.- ' Ann--Carol Nash Assistant City Attorney cc: C. Toppel Enclosure H:\wpdata\CODE\letter forwarding ordinance abandoned vehicles.wpd ~~~~~~ 9~ ~'+~-'E a4~ ~~~~C~ OCT Z 2 ZCOS JQI~i~J VQOA~E r„ ~ r r.,.~~;~; ~ Q. ~~~~a, ira. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN p~-~ ORDINANCE N0. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR REMOVAL AND STORAGE OF ABANDONED VEHICLES STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 20 of the South Bend Municipal Code, to adjust fees imposed for City services related to removal and storage of abandoned vehicles. The Common Council of the City of South Bend determines that the current fees related to removal and storage of abandoned vehicles should be adjusted to reflect the current cost of providing such services within the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 20, Article 3, Section 20-29, subsection(g) of the South Bend Municipal Code, shall be, and hereby is, amended to read as follows: Sec. 20-29. Procedure for notice, removal and disposal of abandoned vehicles; fees. * * * * ~ (g) Fees: In accordance with this article the owner shall be charged a fee for the towing and storage of his vehicle. The fee for towing vehicles pursuant to this section shall be minty ninet dollars ($~6-:~-6 90.00). The fee for storage of vehicles pursuant to this section shall be fifteen dollars ($~-8-:-6-~ 15.00) per day. The cost for removal and storage of an abandoned vehicle not claimed by the owner or lien holder shall be paid from the abandoned vehicle fund. The charges fixed by the City for towing and storage of abandoned vehicles shall be filed with the Bureau. Proceeds of the sale of an abandoned vehicle shall be credited against the cost incidental to the removal, storage and disposal of the vehicle. All proceeds from the sale of an abandoned vehicle, 1 including charges for bill of sale, and all monies received from owners or lienholders for the cost of removal or storage of vehicles, shall be deposited with the City controller and placed by him in the abandoned vehicle fund. .All costs incurred in the administering of this article shall be paid from the abandoned vehicle fund. * * * * ~ SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor, and publication. as required by law. Memberr of~the Common Council Attest: .'~~_`G'..~~~"''E~%4 ;, wfE'E; ~~~, ,~F>>i'~a ~'4°b ~k"s i<:~''.'~"t~.~ :'tr3 ~~~~«',i:.C.9 ~e~YW:e FS £'+~ ~:-~1~:3 Y~~Gi~ i~'a.,::?i,.'d8 'w-'s't 3. s.J iv~:7 ~~.$,r City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2008, at o'clock .m. City Clerk Approved and signed by me on the day of 2008 at o'clock .m. Mayor, City of South Bend, Indiana 1 s'r READING PUSLEC HEAF.II~G 3 rd READING hOT APaRCrY;i3 - REFERRED PASSED 2 i'~T 2 7 ?oas JG~'ti'f ~ RDc CITY C! ERK., ` ~'. EE.CvrJ, [i~t. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Land Surveyors Professional Engineers Landscape Architects Land Planners '(~~ll ~o. ~t Y-0g July 31, 2008 RE: Annexation & Rezoning Petition for Stadium Place Developers for property in the 54700 Block of Burdette Street and Rezoning for property in the 1800 Block of Vaness Street, South Bend, Indiana: Dear Council Members: Our client is requesting the approval of an Annexation and Rezoning to the "PUD" Planned Unit Development District Classification for their property located in the 54700 Block of Burdette Street and property in the 1800 Block of Vaness Street, South Bend, Indiana. This Annexation and Rezoning is to allow for the construction of three residential buildings within a proposed Planned Unit Development. Our clients hope. that the Council will approve the requested Annexation and Rezoning request. They believe the .requested rezoning would fit in this established neighborhood area of South Bend that contains a mix of residential type land uses. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, ~~l_ ichael J. Danc President Danch, Harner & Associates File No. 080178 "C" Md. #~]{~5 ~~,~ja~C~a.y { ems. q ~~ ~ - 5 2G0~ GiT~f OLFIK, c0. BFt;O~ , ~ 1643 Commerce Drive South Bend, IN 46628 office 5741234-4003 ^ 8001594-4003 ^ Fax 574!234-4119 208 West Mars ^ Berrien Springs, MI 49103 once 2691471-3010 ^ Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,. INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, JOHN ROY (PETITIONER) 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.77+/- acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100 of the owners of the land in the territory sought to be annexed. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of•South Bend: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION & REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. (REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR 2 LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 1.83 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of 'the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described Parcel I as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate in Parcels I & II, with the exception of all adjacent rights-of-way, is hereby established as "PUD" Planned Unit Development District, in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect •30 days from and after its passage by the Common Council, approved by the Mayor, and legal publication. Member of the Common Councit'1 Attest: City Clerk 6igning of this bill is only to provide an opportunity for public hearing and Council action on this issue. 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 at O'clock .M. 9 st READWG 6 '~ l-°~ PUBLIC FEARING 3 rd READfNG NOT APPP.OVED REFERRED PASSEQ DEES-.-.._ P:~ ~ f".~a i'r94~ ~~IrN~ Ce a~Yl si4 ' ~~ - `a i~1Q~ ~) L Day of 2 Mayor, City of South Bend, Indiana PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in. Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "petitioners") of a parcel of land more particularly described in Exhibit "A". 2). Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is .signed by at least (CHECK ONE): X a. one-hundred percent (100~s) of the owners of the land in the territory sought to be annexed; OR b. fifty-one percent (51~) of the owners of the land in the territory sought to be annexed; OR c. the owners of seventy-five (75~) of the total assessed value of the land for property tax purposes. 4). The property sought to be annexed and rezoned is located at: 54700 Burdette Street South Bend, Indiana 46637. 5). That the name and address of the property owner(s) of the petition site is: Stadium Place Developers, LLC 822 Main Street Lafayette, Indiana 47902 (765) 429-4044. Property Tax Key Nos. 02-1106-5383, Property Tax Key Nos. 02-1106-5389.01 6). That the name and address of the contingent purchaser(s), if applicable, is: N/A 7). Parcel I, the property to be annexed is 0.95+/- acres in size and currently has the following use(s) on it: Single-family home. Population (1) . Parcel II, the property to be rezoned 1.83+/- acres in size and is presently in the City and contains a Buildings under construction. 8). It is desired and requested that the petition site be rezoned: Parcel I.: (Anticipated Build-out year - 2009) From: "R" Residential (County Zoning) To "PUD" Planned Unit Development District 2 Parcel II.: (Anticipated Build-out year - 2009) From: "MU" Mixed Use District To "PUD" Planned Unit 'Development District for the following uses: Residential .Planned Unit Development as allowed under the "PUD" Planned Unit Development District Zoning classification. 9). The following information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit nAn. 2. A list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 2a. 17 Copies of site plan. 3. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. b). By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to annex and zone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to its former zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. 10). The signature(s) of all property owner(s), or Attorney for all property owner(s). Signed: ` ~' Tom Troeger for Stadium Place Developers, LC 822 Main Street Lafayette, Indiana 47902 (765) 429-4044. 11). Name, Address & Phone Number of Contact Person/Preparer: Danch, Harner & Associates, Inc. _ C/O Michael Danch p~ 1643 Commerce Drive ~~~~~ ~~ 4,~i~``'~['~~~ ~~~(~~ South Bend, Indiana 46628 (574) 234-4003. ,4UG - 5 2008 a~~~ vQC~~©e . GITY GI~Ot;, ~0. E[~D, t~._ EXgi2BTT •~~,,, ANNEXATION LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF-WAY.LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD LEGAL DESCRIPTION PARCEL I THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 249.60 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 129.80 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.88 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION PARCEL II THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT- OF-WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID WILLTS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 1.83 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~~R~.a~ ~,, ,~ : - j ~ ~~i ~ - 5 2008 :,:,~,1 ~°~s^Rt~ ,,s t w Property Owners Within 300 Feet a ~.~ ~~'s~t7 L?OOr^tii~~. CITY CLEN,~C, ~(?. rv"~~, i?. Willis Street Townhomes LLC Stadium Place Dev LLC Glenn & Kaye Blossom 19468 Blue Oak Ct 822 Main St 20 Lyndale Ave Noblesville, IN. 46060 Lafayette, IN. 47902 Staten Island, NY 10312 Tax Key # 002 1106 5380 Tax Key # 002 1106 5383 Tax Key #.002 1106 5384 Stadium Place Dev Inc Robert A Howland Jr Zolman Tire Inc. 822 Main St 54739 Willis- 18255 Vaness St Lafayette, IN. 47902 South Bend, IN. 46637 South Bend, IN. 46637 Tax Key # 002 1106 538901 Tax Key # 002 1106 5390 Tax Key # 002 1106 539101 Salvation Army Campus Shoppes LLC Campus Shoppes LLC 510 S Main St 22700 Crenshaw Blvd Suite 123 22700 Crenshaw Blvd. Ste. 123 South Bend, IN. 46601 Torrance, CA. 90505 Torrance, CA. 90505 Tax Key # 024 1106 539710 Tax key # 024 1003 056601 Tax Key # 024 1003 055603 AIMCO Turtle Creek LP Stadium Place Developers LLC Stadium Place Developers LLC 191 N.Wacker Dr.Ste. 2600 822 Main 822 S Main Chicago, IL. 60606 Lafayette, IN. 47902 Lafayette, IN. 47902 Tax Key # 024 1003 0565 Tax Key # 002 1106 5395 Tax Key # 002 1106 5394 Stadium Place Developers LLC Stadium Piace Developers LLC University of Notre Dame Du Lac 822 Main St 822 Main St 910 Flanner Hall Lafayette, IN. 47902 Lafayette, fN. 47902 Notre Dame, IN. 46556 Tax Key # 002 1106 539301 Tax Key # 002 1106 539302 Tax Key # 002 1106 5393 Stadium Place Developers LLC University of Notre Dame Du Lac University of Notre Dame Du Lac 822 Main St 836 Grace Hall 836 Grace Hall Lafayette, IN. 47902 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1106 5389 Tax Key # 002 1106 539201 Tax Key # 002 1106 539202 University of Notre Dame Du Lac Thomas Chapleau University of Notre Dame Du Lac 836 Grace Hall 472 Capricorn Street 836 Grace Hall Notre Dame, IN. 46556 Brea,CA. 92821 Notre Dame, IN. 46556 Tax Key # 002 1106 5392 ~ Tax Key # 002 1106 5387 Tax Key # 002 1106 5386 Stadium Village Homes LLC Stadium Village Homes LLC University of Notre Dame 1212 Walnut 1212 Walnut 824 Grace Hall South Bend, IN. 46619 South Bend, IN. 46619 Notre Dame, IN. 46556 Tax Key # 002 1106 5388 Tax Key # 002 1106 538101 Tax Key # 002 1106 5381 Adam & Jozefa Zdanowski Robert A Johnson Jr./Jean Rinehart University of Notre Dame /Angel 9321 Laurence St 54666 Ivy Rd Miller Allen Park, MI. 48101 South Bend, IN. 46637 824 Grace Hafi Tax Key # 002 1106 5377 Tax Key # 002 1106 5376 Notre -Dame, IN. 46556 TaX t<P~ # nm ~ inn ~:~7~n~ University of Notre Dame Angel Miller Willie & Pamela White Willie & Pamela Harris 824 Grace Hall 54693 Burdette 54693 Burdette St Notre Dame, IN. 46556 South Bend, IN. 46637 South Bend, IN. 46637 Tax Key # 002 1106 5370 Tax Key # 002 1106 537202 Tax Key # 002 1106 5372 Connie_L Haley 54673 Burdette South Bend, IN. 46637 Tax Key # 002 1106 5371 University of Notre Dame Du Lac 836 Grace Hali Notre Dame, IN. 46556 Tax Key # 002 1106 5382 Edward C Wolfe 711 Brockmoore Lane Bloomfield Hills, MI. 48304 Tax Key # 002 1106 5362 Irish Crossings Development LLC P.O.Box 248 Lafayette, 1N. 47902 Tax Key # 002 1106 5367 Irish Crossings Development LLC P.O.Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 5379 Irish Crossings Development LLC P.O.Box 248 Lafayette, IN. 47902 Tax Key # 002.1106 5374 Jean Johnson Revocable Trust 54703 Willis Street South Bend, IN. 46637 Tax Key # 002 1106 538401 Irish Crossings Development LLC P.O. Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 537901 Kevin &Kristie Sandor 52266 Lookout Pointe Cr Granger, IN. 46530 Tax Key # 002 1106 5368 Kevin &Kristie Sandor South Bend Brookhaven LLC Salvation Army 52266 Lookout Pointe Cr 380 Union St. Ste. 300 510 S Main Granger, IN. 46530 Springfield, MA. 01109 South Bend, IN. 46601 Tax Key # 002 1106 5375 Tax Key # 024 1106 539712 Tax Key # 024 1106 539714 ANIVEXATI ®N ®PAGRAIVI r ~ ~, Z i .........................t'_....., 1 m - L-3 f R/W LINE __ 60' RL__ NORTH L-1 1$¢.84• R/W LINE ~ s ~ O I r m (`7 ~ I ............................................. i \ 's i o ;~•~~ 91•~ y ,> ~.~~ ~i€ ..- \ ~~ Z a'te`` "5=•~~ ~~ rn ~u ' \ FFi .. o u ~l~ •\~ 0 ' LL tT C •~J `~ i r `~ SOWTH ~~ ~~ „ 129;80 .... ~ -~ ~~ :`~' ~ ~ :.o. p i~ y~~~ I +e ov ~ `j4 c _ . ~ V -, ~• : l~~ F J •~~ ~~ J i •1~ ~. '~, I1 .~ • I I I i~t: :A7~. i R/W LINE L--- C L YYILLIS AVENUE 60' R ~ -~-------------~ --- f R W LINE b ~ r EE /~ [~t~L--~ I(1 G~~r~i1'~ ~`!i`ecdar8 z "' LINE CHART e o _ ~ LINE BEARING DISTANCE AUG - 5 ZOOS ^; ~-~ L-1 NORTH 82.851 L-2 WEST 60.001 °" L-3 NORTH 46.701 ~~>;~~'>"~u="'° 0 100 SCALE i'= 100' ~aeE~, ~larstep ~A9~a>e~tate~, laa Land Surveyors Professional Engineers '~ Landscape Architects• Land Planners 2 Otfce: (574)234-4003 / (800)594-4003 Fo•: (574)234-4119 1643 Commerce Drive • $a~th Bend, IN 46628 ~ Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 September 17, 2008 The Honorable Council of the City of South ~)-aS`t`ka"~'~~EL ~ ~ ` ~ ~Eh Bend 1 J 4th Floor, County-City $uilding South Bend, IN 46601 RE: A proposed ordinance and site development plan of Stadium Place Developers, LLC to zone from R Residential District (County) and MU Mixed Use District (City) to PUD Planned Unit Development District (City), property located at the northwest comer of Vaness and Willis Streets; and the northeast corner of Vaness and Burdette Streets beginning approximately 120 feet north of Vaness Street and approximately 90 feet east of Burdette Street., City of South Bend - APC# 2480-08 Dear Council Members: I hereby Certify that the above referenced ordinance of Stadium Place Developers, LLC was legally advertised on Thursday, September 4, 2008 and that the Area Plan Commission at its public hearing on Tuesday, September 16, 2008 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance and site development plan of Stadium Place Developers, LLC to zone from R Residential District (County) and MU Mixed Use District (City) to PUD Planned Unit Development District (City), property located at the northwest corner of Vaness and Willis Streets; and the northeast corner of Vaness and Burdette Streets beginning approximately 120 feet north of Vaness Street and approximately 90 feet east of Burdette Street, City of South Bend is sent to the Common Council with a favorable recommendation. The petition is consistent with recent developments in this area. Previous approvals for this and surrounding sites has established Vaness Street as a higher density, pedestrian-orientated area, connecting the University of Notre Dame campus with the State Road 23 commercial/business comdor. 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. SincerelylI,// )) ~t/ ~/~W. Byomi JWB:jsc Attachment CC: Stadium Place Developers, LLC Danch, Harper & Associates, Inc. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report ABC # 2480-08 ®s~vner: Stadium Place Developers, LLC Location: The northwest corner of Vaness and Willis Streets; and the northeast corner of Vaness and Burdette Streets beginning approximately 120 feet north of Vaness Street and approximately 90 feet east of Burdette Street. ,)(urisdiction: City of South Bend ]ttequested Action: The petitioner is requesting a zone change from R Residential District (County) and MU Mixed Use District (City) to PUD Planned Unit Development District (City) to allow residential planned unit development. Land fJses and Zoning: On site: On site are two apartment buildings under construction. North: To the north are three single family houses and undeveloped property zoned R Singe Family District (County). East: To the east across Willis is an automobile retail and service business zoned C Commercial (County). South: To the south across Vaness Street are apartments zoned MF2 High Density Multifamily District (City) and amulti-tenant retail center zoned CB Community Business District (City). West: To the west across Burdette Street is a townhome development zoned MF1 Urban Corridor Multifamily District (City). District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Chapter. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The .PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Chapter. Site plan description: The site is 2.71 acres. There will be three -three story buildings covering 32, 348 square feet or 27% of the site. The density is 31 units per acre. The paved areas will cover 62, 552 square feet or approximately 53% of the site. The remaining 23,148 square feet or 20% of the site is open space. The site plan shows 135 on-site parking spaces. The number of parking spaces as proposed does not meet the current standards of the South Bend zoning ordinance which is two spaces per unit. However, the two buildings along Vaness Street were granted building permits under the previous standard which was one parking space per unit. Zoning and land use history & trends: In March 2007, the City Council passed a rezoning from R Single Family District to MU Mixed Use District for the portion of the subject property located at 54759 Willis Avenue, and 18301, 18349, 18369 Vaness Street in order to allow a three story condominium hotel (APC # 2403-06). The subsequent owner began construction of apartments rather than a condominium hotel. Stadium Place Developers, LLC #2480-08 Page 1 of 1 Traffic and transportation considerations: Vaness Street, Willis Avenue and Burdette Street are two lanes each. ><Jtilities: The site will be served by public water and sewer from the City of South Bend. 5 Criteria (per IC 36-7-~-603): 1. Comprehensive Plan: Policy Plan: Objective Hl.l Encourage residential developments to contain a mix of housing types, densities, price ranges and amenities. Objective H5.1 Promote the variety, style, and affordability of the housing stock. This petition is consistent with the City of South Bend Comprehensive Plan (City Plan) objectives for housing. Land Use Plan: Objective LU 2.1 Encourage developers to use planned unit and traditional neighborhood development models to promote land use compatibility in future developments. 2. Cnrrent conditions and character: The area surrounding Vaness Street, Willis Avenue, and Burdette Street has a variety of uses. To the north on Vaness and Burdette Street there are three single family houses and the Irish Crossings townhouse development, while the south side of Vaness Street contains the Turtle Creek Apartment. The character of the area between South Bend Avenue and Vanness Street and the area east of Willis Avenue is commercial and multifamily. The character of the area west of Burdette Street is residential. 3. Most desirable use: The most desirable use is higher density residential. 4, Conservation of property values: The surrounding commercial and multifamily property values should be conserved with the PUD rezoning. However, the surrounding single family homes need to be properly buffered to protect their property values. S. Responsible development and growth: It is responsible development and growth to allow sites to be appropriately redeveloped in keeping with the surrounding area. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: The petition is consistent with recent developments in this area. Previous approvals for this and surrounding sites has established Vaness Street as a higher density, pedestrian-orientated area, connecting the University of Notre Dame campus with the State Road 23 commerciaUbusiness corridor. Stadium Place Developers, LLC #2480-08 Page 2 of 2 Lg. Va~e~, .~` ~.y, .;~`t" ~:.vi.:~ ti j:'. :k •ItL. . ~'?~ Y'. ~'~~ fLf~j r. ~` i~!i y~~`~ ~~••• ~W ~` hhV ~v .. ~- T to ~µ.+S {¢ t ~' t ~ M V t ,5,. L.F ^ir.r ~~ f4~ ~ ~. ' "~ {ro w uCJ, E DISSR 'iC,~ ~ t ~,.,~ ~ y • F`e2on~ g, MIxED .~ pISSR INGLE FAMED ~~~'~ ~~~ N .,R~` puD„ P~~N w E Zo ~ 1f ~e~ FAMILY COON COUNTY, RC" COMMERC~t DE`~LOpMENT COUNTY," O" p~NNED UNIT ~'fV~O FAMILY COUNTY,"pU SF1"g1NGLEFAMILY RI~IlULT1FAMItY SOUTH BEND" URBAN CORRIDO DEN$1TY MULT1FAMttY SOUTH BEND.'MF~.. SOUTH BEND, "MF2' HIGH- BUSINESS ~~ 9DUTH BEND "tB" LOC~pj1UNt'~Y BUSINESS BEND. "CB" CO SOUTH BEND, "MU ~ MIXED USE ...,~rcH ..cw~FRAtBUSINESS s Is ~O~ ~~ ir~Ch equa ~ z4$o_o~ ~pG # ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC (PETITIONER) 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA BEING ON THE EAST SIDE OF BURDETTE STREET APPROXIMATELY 120 NORTH OF VANESS STREET AND ALSO THE NORTHWEST CORNER OF WILLIS AVENUE AND VANESS STREET STATEMENT OF PURPOSE AND INTENT _ A Petition for the voluntary annexation and for the zoning of 0.77+/- acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100 of the owners of the land in the territory sought to be annexed. It is the intent and purpose of the Ordinance to annex this territory to the. City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION & REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAX LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE.OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. (REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID 2 EAST RIGHT-OF-WAY LINE, 64,90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 1.83 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the .boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described Parcel I as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate in Parcels I & II, with 'the exception of all adjacent rights-of-way, is hereby established as "PUD" Planned Unit Development District, in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approved 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. ~ii~d In ~f~r~'~ ~:`ft~~ 1st READING ~ «-a~ c~ ~cc1~S~''14J FUaL1C HEARING, AtIG 2 $ ZOO8 3 rc! READING NOT APFRGVf~ JJHF~ VOQRDE REFERRED CiT`l~.LFi~K, S0. BEt~17, !N, r 2 ~ City of South Bend, Indiana RASSED ~~ ~l ORDINANCE NO. ,,.°"' (~ ~ ~ ~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT # 4 JOHN D. & LEONA RAPPELLI AND ROSEMARY R. MANDRICI 54902 IVY ROAD (A.K.A. IVY COURT), SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 0.78 acres located in Clay Township, St. Joseph County, Indiana, liar been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: ANNEXATION LEGAL DESCRIPTION: A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHII', ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00°52'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89°07'51" E., 181.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00°52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89°03'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF NY ROAD 2 (A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00°52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29°14'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY EXTENSION OF SAID RIGHT-OF-WAY LINE, N. 21°11'38" E., 48.71 FEET TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89°07'51" E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be. extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. This Ordinance shall be in full force and effect 30 days from and after.its passage by the Common Council, approval by the Mayor, and legal publication MEMBER OF THE COMMON C CIL Attest: 6,it,~kFecC~ ~F~ E~~i~ J<:~ Ld ~.-. F'f}~,~ `_3-.,. E+-rY City Clerk 3 Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 at o'clock .m. • j 1 si READ1~ ;t, PU3LlC I-,+~ iI~G 3 rd REA'; :G NOT AP6%~:OV~.9 REFERRED PASSED Mayor, City of South Bend, Indiana ~~t~~ t~ ~i~~~:'~ ~~a€~~ SAP 1 ~ 2C'~8 SGnF1 b`GuK~ c PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned,. make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, for Iand in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by at least (CHECK ONE): _x_ a. one-hundred percent (100%) of the owners of the land in the territory sought to be annexed; OR b. fifty-one percent (51 %) of the owners of the land in the territory sought to be annexed; OR _ c. the owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes. 4) The property sought to be annexed is generally located at: 54902 Ivy Road, South Bend, Indiana 46637 5) The Pxoperty Tax Key Numbers are: 002-1105-5296 002-1105-5293 002-1105-5291 6) The name and address of the contingent purchaser(s), if applicable, is/are: N/A 7) The parcel is 0.78 acres in size and currently has the following use(s) on it: Single-family home. 8) The parcel will be used for the following use(s): Residential for present. 9) The number of current residents in the annexation area: 1 10) The anticipated "build-out" year for the project: N/A 11) The proposed number of parcels:_1 12) The proposed miles of new roadways: NONE The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: ~~..~ ~ igned: -~--~ ~ John D. Rappelli '~ Leona Rappelli ,~ Address: 704 Peashway South Bend. Indiana 46617 Phone Number: 232-0875 Signed: U`,1.1 R semary Man rici Address: 820 Peashway South Bend, Indiana 46617 Phone Number: 292-0974 Name, Address & Phone Number of Contact Person: Michael J. Danch Danch, Hamer & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003. SEP r 3 2l~OS ~l%i~11Y YI,,V~iti~ CLG~:K,_..,a,~. Fil~c# to Gfer•k'S OfiiCe SEP l 0 2006 JONfJ VOO,ROE ~CI~~~ ANNEXATION ®IA~RAi~I -._. ~~ LET ,~,,.~ 16f b `~fi ~r~~ ~ ~ f~ 7fj• ~ ~ P.O.B. , ~ 5,5 __ L-7 -_J",a~ _-- -- LOT 9 LCT J J Q U ~ m - J a r LOT ?_D~\ \ ..~"' 8 ~ - a ^; J $ fJ'I~` OrJ G~ 1i~i i~ .:17 I Lei i <',,,~~ e~ r ANNEXATION PARCEL i' ~ ~ 0.78 ACRESt -' - A 14' WIDE PUBLIC ALLEY 14' WIDE PUBLIC ALLEY a+ ~~T 31 ~ ~ I ~~T 5 V CURVE 7A8LE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING C-1 253.00' 105.08' 104.32' N 29'14'35" W -, 3 m 0 0 LINE CHART LINE BEARING DISTANCE L-1 S 00'52'09" E 136.OQ' L-2 N 89'07'51 " E 181.15' L-3 S 00'52'09" E 81.98' L-4 S 89'03'20" W 251.15' L-5 N 00'52'09" W 81.38' L-6 N 21'11'38" E 48.71' L-7 N 89'07'51" E 101.28' REVISED 9/10/08-CORRECTION TO LEGAL DESCRIPTION Dcafscl>t, Har-tep cStAe~octates, lac. Land Surveyors Professional Engineers '' Landscape Architects• Lond Planners Office: (574)234-4003 / (800)594-4D03 . Fax: (574)234-4119 1643 Commerce Drive . South Bend, IN 46628 -- I o so SCALE 1'= 60' "'~~ 1 2 ANN~XATI®N ®IA~R~I'~ b~ e b g O A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00'52'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH UNE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89'07'51" E., 181.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00'52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBUC ALLEY, S. 89'03'20" w., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF IVY ROAD (A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00'52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29'14'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST UNE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY EXTENSION OF SAID RIGHT-OF-WAY LINE, N. 21'11'38" E., 48.71 FEET TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89'07'51 " E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. ~~'~Iwt~ F1~~~~ ~~ SEP ~ ~ 20 `$ s~i t~~ ~Ja~l~c ~ tta. REVISED 9/10/08-CORRECTION TO LEGAL DESCRIPT70N D+tII~CII. ~ti/'i1.@M ~t/q~~Iatefl,1iL~ Land Surveyors Professional Engineers 2 Landscape Architects• Land Planners Office: {574)234-4003 / (800)594-4003 Fax: (574)234-4119 7643 Commerce Drtve South Bend, IN 46628 MICHAEL J, DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners ~~c~ ~~ _ o~-c~ Honorable Members of the City of August 24, 2008 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for the City of South Bend for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located in the 900 Block of Oliver Plow Court, South Bend, Indiana. This Special Exception will allow the petitioner to increase the amount of area of their property that can be used for outside storage. Our clients believe that the approval of the proposed Special Exception will fit' with the existing industrial uses in this portion of the Oliver Plow Industrial Park. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, v''.'. .' s Michael J. Danch President Danch, Harner & Associates, Inc. File # 080198 rid, "C" 1643 Commerce Drive South Bend, IN 46628 office 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 Fi[cd 1n ~~c~~'~ ~f~ECe AUG 2 5 2008 JQHh VGQi1D~ GtTY Ct,~i,K, ~0_BE!~D, IAt., 208 West Mars Berrien Springs, MI 49103 office 2691471-3010 ^ Fax 2691471-7237 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT (900 BLOCK OF OLIVER PLO~'V COURT, SOUTH BEND, INDIANA) WHEREAS, Indiana Code. Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Com~-non Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for an outside storage area of 196,000 square feet (i.e. 4.50 ac.) which exceeds the maximum allowed outside storage area of 137,650 square feet (i.e. 50% of the proposed lot property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21-04-OZ (2)(B)(iii) of the City of South Bend Zoning Ordinance. _ SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in vs~hich it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council AUG 2 5 2008 ao~~ v©o~ce car CLERK, so. ~~~~~, ~~. ~PESENTEt? , SGT APPROVED k ~DOPTEC~ s~'~ BOARD OF ZONING APPEALS NO. NOTIFIED , 20 APPEAL Applicant's Name: THE CITY OF SOUTH BEND Phone 235-9371 20 20 Address: 12TH FLOOR COUNTY-CITY BUILDING 227 WEST JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 Address of Property: THE 900 BLOCK OF OLIVER PLOW COURT SOUTH BEND, INDIANA 46601 Present Zoning of Property: "GI" GENERAL INDUSTRIAL DISTRICT Owner's Name: THE CITY OF SOUTH BEND Phone 235-9371 Address: 12TH FLOOR COUNTY-CITY BUILDING, 22.7_ WEST JEFFERSON BLVD., SOUTH BEND, INDIANA 46601 Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 CONlP~RCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE BOARD OF ZONING APPEALS FOR THE CITY OF SOUTH BEND, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 46601 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A). Special Exception Request: PARCEL ."A": A). Approval of a Special Exception as allowed under Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 196,000 square feet (i_e,. 4.50 ac.) which exceeds the maximum allowed outside storage area of 137,650 square feet (i.e. 50~ of the proposed lot property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21- 04-02 (2) (B) (iii) of the City of South Bend Zoning Ordinance, and the following Variance Requests: FI LED_ HEARING 2 PARCEL "A": 1). A Variance from the requirement of providing a 100-foot wide Rear Residential Suffer-yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping; 2). A Variance from the requirement of providing a 100-foot wide Side Residential Buffer-yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Western property line to a 0 foot wide setback for a proposed storage area and no screening along the West line of the petition site, but providing a Type "B" landscaping containing a double row of evergreen trees as shown on adjacent proposed Outlot "A" located West of Petition site. 3). A Variance from the required minimum frontage of 150 ft. for a property Zoned "GI" General Industrial District to a minimum frontage of 94.50 ft. more or less along Oliver Plow Court. The Petitioner is the owner of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "GI" General Industrial District. The Petitioner has been the owner of the property for the last several years and is in the long-term process of developing the ,Petition site and the adjacent properties into an Urban Industrial Park. This was the original site for the Oliver Plow Works. The City of South Bend acquired the property and cleaned up the site and paved Oliver Plvw Court as a Public Street access to the new industrial sites. The Rose Fuel Company came to this Park a few years back and presently has their facility just to the southeast of the Petition site. The City has been working with Underground Pipe and Value, Inc. to re-locate them from their present site south of Sample Street on the east side of Prairie Avenue to the property shown as Parcel "A" on the attached site plan. The Petition property contains approximately 6.32 acres of area, and is sized for the Underground Pipe & Valve new facility and outside storage area. As shown, the new building will contain approximately 36,000 square foot of floor area and will include their corporate offices as well as their processing services. The remainder of the site will contain the parking area for employees and clients which is along the south and east side of the proposed new building_ To the west and north of the building will be an outside storage area for Underground Pipe and Valves inventory of salable merchandise. After discussions with the City Building Department staff, it was determined that in order to develop the site as shown, a Special Exception and a few Variances would be required to be approved. Even though the property has an Industrial classification, a Special 3 Exception is required due to the amount of the property, which will be used for outside storage of inventory product. The City's Ordinances in the General Industrial District limit the outside storage to 50~ of the size of the property. As proposed, the outside storage exceeds that amount of area by approximately 58,350 square foot. Underground Pipe and Valve desires to remain in a downtown location, as they are centrally located to their clientele. The City also desires. to keep Underground Pipe and Valve within the City limits, and as stated, close to their clients. The City believes that this site works well for them, and the proposed user. This also helps to develop the Urban Industrial Park, and may entice other Companies to this centrally located Industrial Park. The Petitioner would ask the Board Members to agree that approval of the Special Exception to' allow for additional outside storage as shown on the attached site plan, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive, plan, all of which is requested by the South Bend Municipal Code ~ 21-09.03 (i). With regards to the Variance requests for Parcel "A", the first Variance the Petitioner is requesting, is from the requirement of providing a 100-foot wide Rear Residential Buffer-yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping. The entire north boundary of the Petition site is located along the Conrail Railroad right-of-way, which contains several sets of rails and has a width of approximately 160 feet. There is also a grade change between the Petition site and the railroad right-of-way. The tracks are higher than the site by approximately 10 feet. The Petitioner believes with the width of the right-of-way and the use being an active rail line, the required 100 ft. wide setback is not needed, nor is the requirement of providing landscaping along this portion of the property. The Petitioner would also state that they own the ground located to the northwest of the Petition site and that it will be used as the main retention basin for the Industrial Park. The Petitioner, as part of the development of the Industrial Park, will be adding additional landscaping on portions of -the basin area. They would hope that the Board Members agree that approval of this Variance request would not have an adverse impact on any surrounding property or their values. The second Variance request is from the requirement of providing a 100-foot wide Side Residential Buffer-yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Western property line to a 0 foot wide setback for a proposed storage area and no screening along the West line of the petition site, but providing a Type "B" landscaping containing a double 4 row of evergreen, trees as shown on adjacent.proposed Outlot "A" located West of Petition site. The Petitioner would state that as shown, they will be providing a double row of evergreen trees on the proposed Outlot "A" of the Subdivision Industrial Park. As shown this would create a buffer area of approximately 64 feet between the few existing homes and the location of the proposed storage area. The properties to the west of the Petition site have a Zoning classification of General Industrial, but there are a few homes located in this area.. This portion of the Petition property also contains the main storm sewer line for the Industrial Park, which transports surface runoff created on the Industrial Parks' lots to the retention basin shown to the northwest of the site. This limits the amount of area that can be used for landscaping containing evergreen or deciduous trees. The Petitioner would hope that the Board Members agree that providing the 20 ft. buffer strip along with evergreen trees on the proposed Outlot "A" of the Industrial Park, that would effectively screen the outside storage area from the closest home. With this proposed buffer, the Petitioners believe that approval of this variance would not be detrimental to the adjacent properties. The last Variance request is from the required minimum frontage of I50 ft. for a property Zoned "GI" General Industrial District to a minimum frontage of 94.50 ft. more or less along Oliver Plow Court. The Petitioner would state that the Industrial Park Subdivision was planned and approved several years ago, prior to the City's new frontage requirement being added to the Zoning Ordinance, The lots were shown on a Primary Subdivision Plat approved through the City's Subdivision process. The petitioner would request to be allowed to create a lat that has frontage of approximately 94.50 ft. on a cul-de-sac. The Petitoners do not believe a variance for the frontage of this proposed Industrial site would have a negative impact on any surrounding property. As shown, it allows for the logical development of the Industrial Park which was envisioned several years ago when. the development of this area began. The Petitioner believes that approval of the above Special Exception and Variances for this proposed use will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioner would ask the Board Members to agree that°approval of the above described Special Exception and Variances will not have a detrimental affect for this area, nor would the property values, public's health,. safety, morals, or general welfare be adversely affected. The Petitioners contend that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and Special Exception are sought: that the need for the Variances and Special Exception arises from such condition pecuii.ar to the property in the same Zone_ and that the use or value of the area adjacent to the property described in the 5 petition for the Variances and Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations are true. chael J. Danch President Danch, Harner & Associates, Inc. ~i~~d ~ ~r~'~ ~$~i~e AUG 2 5 20Q8 3~i is ~f s~ s~r~o, «. CiT( CL~i4, Property Owners Within 300 Feet City of South Bend Dept.of Rose Fuel & Materials Inc RAITT Corp. Redevelopment 918 Oliver Plow Ct 815 W Sample St 1200 County City Building South Send, IN. 46601 South Bend, 1N. 46601 South Bend, IN. 46601 Tax Key # 018 3061 235105 Tax Key # 018 3061 235103 Tax Kav # n1 R :~nR1 ~~.r,1 City of South Bend Dept.of Public Parks/City of South Housing Authority SB 531 S Chapin Bend 501 S Scott St South Bend, IN. 46601 301 S St.Louis Blvd South Bend, IN. 46601 Tax Key # 018 3058 2272 South Bend, IN. 46628 Tax Key # 018 3059 2304 Tax Kav # (11 R R~5R ~~71 r11 Iglesia Misionera Emmanuel Consolidated Rail Corporation New Jersey Ind 1024 Western Ave 1528 Walnut St 22nd Flr 110 Franklin Road S.E. South Bend, IN. 46619 Philadelphia, PA. 19102 Roanoke, VA. 24042 Tax Key # 018 3059 230701 Tax Key # 018 3059 2297 Tax Key # 018 3062 2357 Jeffrey. Polanskey Mary M Rea Antonio & Terry Lopez 737 Sylvan Ln 544 Broadway St - 1205 W Grace South Bend, IN. 46619 Niles, MI. 49120 South Bend, IN. 46619 Tax Key # 018 3062 2370 Tax Key # 018 3062 2371 Tax Key # 018 3062 2378 Willie & Terence Smith Abdon Aguilar & Maria Lopez Stanley Szostakowski 1317 Lismore Ln 1208 W Grace 1202 W Grace St Normal, IL. 61761 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3062 2379 Tax Key # 018 3062 2386 Tax Key # 018 3062 2387 Juan &Vincenta Vargas Juan &Vincenta Vargas Curtis & Patty Brown 1207 W Ford 1207 W Ford St P.O.Box 6043 South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46660 Tax Key # 018 3062 2394 Tax Key # 018 3062 2395 Tax Key # 018 3067 2546 Apolonio & Herculana Robledo Rene & Maria Pedraza Michael & Audrey Davis 1204 Ford St 711 S Arnold St 713 Arnold South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3067 2547 Tax Key # 018 3067 2548 Tax Key # 018 3067 2550 Jose Duran Jose & Margaret Duran Janet Ivacic 719 S Arnold 719 S Arnold 3019 S Michigan South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3067 2552 Tax Key # 018 3067 2553 Tax Key # 018 3067 2556 Paul Fujawa Paul Fujawa Mary Ann Manuszak 1121 Grace St 1121 Grace St 1117 W Grace St South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3059 2316 Tax Key # 018 3059 2317 .Tax Key # 018 3059 2318 Citi Mortgage Inc Successor Citi Mortgage Inc Terrance Findley 1111 N Pointe Dr Bldg. 4 #100 1111 N Pointe Dr. Bldg. 4 # 100 1105 W Grace Coppell, Texas 75019 Coppell, TX. 75019 South Bend, IN. 46619 Tax Key # 018 3059 2319 Tax Key # 018 3059 2320 Tax Key # 018 3059 2321 Stanley & V Krol Paul Fujawa ~ Pablo Alvarez Jr. 1124 W Grace St 1122 Grace Street 1118 Grace St South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 3059 2322 Tax Key # 018 3059 2323 Tax Key # 018 3059 2324 Patricia Meller Frank Niedbala City of South Bend Dept of City of South Bend Dept.of 1114 W Grace St Redevelopment Redevelopment South Bend, IN. 46619 1200 County City Building 1200 County City Building Tax Key # 018 3059 2325 South Bend, IN. 46601 South Bend, IN. 46601 Tax KPV # n1 R RnSA ~~~R Tax KPV # ~1 R RnSG ~3~7 Domingo & Diocelina Orona Domingo & Diocelina Orona Jalyn Properties 614 S Arnold 614 S Arnold P.O.Box 4 South Bend, IN. 46619 South Bend, !N. 46619 Gary,IN. 46402 Tax Key # 018 3059 2329 Tax Key # 018 3059 2330 Tax Key # 018 3059 2331 REO Nationwide LLC Russ Affhalter Jr. 10445 Bobbie Ln 126 W.10th St Pilot Point, TX 76258 Mishawaka, IN. 46544 Tax Key# 018 3059 2332 Tax Key # 018 3059 2333 ~il~~ ~t1 ~~~cM~'~ t~~ic~ BUG 2 5 2008 ac~F~~ooac~ cry ct~rx, sa. ~~,r,o~ = I_~. NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of South Bend, Indiana will hold a public hearing in the Council Chambers on the 4th Floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 18th day of SEPTEMBER, 2008, at 3:00 p.m, or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that is on file by The City of South Bend, 12 ~ Floor County-City Building, 227 West Jefferson Blvd., South Bend, Indiana 46601, seeking the following: A). Special Exception Request: PARCEL "A": A}. Approval of a Special Exception as allowed under Section 21-04-02 (2) (B} (iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 196,000 square feet (i.e. 4.50 ac.) which exceeds .the maximum allowed outside storage area of 137,650 square feet (i.e. 50g of the proposed lot property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21-04--02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, and the following Variance Requests: PARCEL "A": 1). A Variance from the requirement of providing a 100-foot wide Rear Residential Buffer-yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping; 2). A Variance from the requirement of providing a 100-foot wide Side Residential Buffer-yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Western property line to a 0 foot wide setback for a proposed storage area and no screening along the West line of the petition site, but providing a Type "B" landscaping containing a double row of evergreen trees as shown on adjacent proposed Outlat "A" located West of Petition site. 3). A Variance from the required minimum frontage of 150 ft. for a property Zoned "GI" General Industrial District to a minimum frontage of 94.50 ft. more or less along Oliver Plow Court. The property is presently zoned "GI" General Industrial District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: THE 900 BLOCK OF OLTVER PLOW COURT, SOUTH BEND, INDIANA, 46601 AND IS LEGALLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: COM~NCING AT THE NORTHWESTERLY CORNER OF LOT # 3 OF THE PLAT OF "OLIVER PLOW WORKS FIRST MAJOR - SECTION ONE" AS RECORDED BY DOCUMENT NO. 0403909 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, THENCE AROUND A 60.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 51.57 FEET TO THE END OF A CHORD WHICH BEARS N. 24°-48'-22" W. AND HAVING A DISTANCE OF 50.00 FT. TO THE TRUE POINT OF BEGINNING; THENCE 5. 89°-49'-06" W., 370.71 FT,; THENCE N. 00°-03'-37" E., 711.30 FT. TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE CONRAIL RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY FOR THE NEXT NINE (9) COURSES, S. 73°-11'-44" E., 88.49 FT. AND S. 73°-06'-44" E., 50.00 FT. AND S. 2 72°-59'-44" E., 50.00 FT. AND S. 73°-04'-44" E., 50.00 FT. AND S. 73°-02'-44" E., 50.00 FT. AND S. 73°-14'-44" E., 50.00 FT. AND S. 72°-57'-44" E., 50.00 FT. AND S, 69°-16'-44" E., 49.52 FT. AND S. 69°-43'-44" E., 13.33 FT.; THENCE S. 00°-03'-37" W., 514.85 FT. TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OLIVER PLOW COURT; THENCE ALONG SAID NORTHERLY LINE AROUND A 60.00 RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 94.50 FT. TO THE END OF A CHORD WHICH BEARS S. 44°-56'-21" W. AND HAVING A DISTANCE OF 85.03 FT. TO THE POINT OF BEGINNING. CONTAINING 6.32 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL, HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Dated this 24TH day of AUGUST 2008. Board of Zoning Appeals of the City of South Bend, Indiana 125 South Lafayette Blvd. Suite 100 South k3end Indiana 46601 Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary to the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice~m.ade in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, the first publication being at least ten' (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of the public hearing.) ~t~~''~ BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND, INDIANA NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that the Board will hold a public hearing of Zoning Appeals of the City of South Bend, Indiana, on Thursday, the 18TH day of SEPTEMBER, 2008, at 3:00 p.m. in the Council Chambers on the 4th Floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by The City of South Bend, 12u' Floor County-City Building, 227 West Jefferson Blvd., South Bend, Indiana 46601, seeking the following: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 196,000 square feet '(i.e. 4.50 ae.) which exceeds the maximum allowed outside storage area of 137,650 square feet {i.e. 50% of the proposed lot property area of approximately 6.32 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana per Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, and the following Variance Requests: PARCEL "A": 1). A Variance from the requirement of providing a 100-foot wide Rear Residential Buffer-yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Northern property line to a 0 ft. setback for a proposed storage area and providing no landscaping; 2). A Variance from the requirement of providing a 100-foot wide Side Residential Buffer-yard and required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on-center along the Western property line to a 0 foot wide setback for a proposed storage area and na screening along the West line of the petition site, but providing a Type "B" landscaping containing a double row of evergreen trees as shown on adjacent proposed Outlot "A" located West of Petition site; 3). A Variance from the required minimum frontage of 150 ft. for a property Zoned "GI" General Industrial District to a minimum frontage of 94.50 ft. more or less along Oliver Plow Court. The property is presently zoned "GI" General Industrial District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: THE 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA 46601. Said public hearing will be held as Ordinances and Chapter 138, Acts of 1957 Indiana. Any persons desiring to oppose at that time. 1 ~. ?.- !. auG25r~ ~ .... _..~ d0.i:'. G;TY CL::_ .. authorized by the applicable Zoning of the General Assembly of the State of or support said petition will be heard BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND, INDIANA 125 SOUTH LAFAYETTE BLVD. SUITE 100 SOUTH BEND, INDIANA 46601 G~• ~~~~ Secretary to the Board (574) 235-9558 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayeete Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 September 19, 2005 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of the City of South Bend BZA 9/18/08 Dear Council Members: The above referenced petition of the City of South Bend was legally advertised on September 4, 2008. The Board of Zonin!_~ Appeals gave it a public hearing on September 18, 2008, at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Hoffman and unanimously carried, the petition for Special Exception for the City of South Bend to allow an outside storage area, on property located in the 900 block of Oliver Plow Ct., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board ofZoning Appeals and points considered in arriving at the above decision as shown in t17e Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. ~nc rely, mes D. Markle esi~~n/Plan Review Specialist, R.A. .i DNl/c a h CITY OT' SOUTH BEND (Oliver Plci~~ Ct.) SPLC'LAL 1.\CEP"1-ION PUP.St1ANT 21-U9.. (D1 BO.AI2D 01= CONING APPEALS C'ITE' OF SOUT]-1 BEND, INDIANA FINDINGS OF I=ACT I . "fHE 1'P.UPOSED USE \VILL NO'1" BL- 11V1UP.IOUS TO THE PUBLIC I-IEALTH- SAFE-T1'. COMFORT. C'c)~I\ll.'~I'I-l' \IC)R:\1_ STANDARDS. CONVENIENCE OR GENERAL VVL-LFARE BEC?.USE: l:~c~~l~~pm~nt.and use as presented will comply with all L~uilding, fire safety. traffic. and parl:in~ res~uiations as to rrot bzin_ it~iuriuu~ u~ the public health. sai'ety. morals, and general welfare of the community. ~'. TI-I L" I'RU]'OSL-D L'S'E \VILL NOT IN7URE OR ADVEP.SEL~' AFFECT THE C/SE OF TI-3L- AD.IACL-NT .=\RL-.~\ UR PROPIcP~Tl' VALUL-S THEREIN BECAUSE: The ~•ariance or use shall improve the appearance of the nei~hhorhood and wi11 not devalue the :urr„wl~iin_ priipertics. - . "I-H1- PI:UI?OSL-D C'.SE \VILL BL CONSISTENT WIT]-1 THE- CHAP.ACTER OF '1"HE DIST2ICT IN t~~HICI-I I~f 1S I_l.)C'.a-I.1=ll :~I~D THE L:\ND USES AL)1"I-lORIZED 7i-IEREiN BECAUSE: Conditions on the property predate the Zoning Ordinance. ~>t~hich creates a different condition for this property. ~. l-]-IE I'P.OPOSL-D USE IS COMPATIBLE WITIT THE RECOMMENDATIONS OF THE C1T~' OF SOUTH BL=ED C'C):1/Pf2L-1-IF:\'SIl'E. AL.~IN BECAUSE-: ' it is the teelin ~ of the Board that the variance is Ulendinc into the overall Comprehensive Plan and is not dc~-iutinu t'rum it's intent. C'O\tDll-IONS UP. P.E\~ISIONS: DECISION IT I~ -r1-IEi2L-1=0P.E tl~e decision oi'the Board that this request for Special Exception shall Ue passed onto the City of South B~n~l C~~~nrmun C'i~uncil with a: FA~'ORAIILE RECO117ME1~'DATI01~ ^,I x )1'"I'I::1~ rht I Sth Dny ol~Septemher. ~'OU$ 1'L~ ~O :\13SL''.~T P.ICHAP~D I:ILBASE ® CHRiSTOPH HOFFMAN ~ D:\\'lD S.aSSANO ® NI.aUP.1C'E HOBAN ® ELOI~'D.a \\'iLDEP~-HAMILTON ~~~~~~rr~ SAP I ~ 2008 a~~h, ~Sa~~er ~1 ~~®~ia~~s, 6r~c. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners ~~ Board of Zoning Appeals of City of South Bend, Indiana 125 South Lafayette Blvd., Suite 100' South Bend Indiana 46601 September 12, 2008 RE: CSN Holdings, LLC Special Exception & Variance Petition: Dear Board Members: On behalf of our clients, CSN Holdings, LLC, we are asking for an indefinite tabling of their Special Exception and Variance Petition. Our clients desire the additional time to address some of the concerns raised by surrounding residents that came to light at a recent neighborhood meeting where the proposed project was discussed and to allow time for possible adjustment to the site plan and Variance requests. 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 No. 08165 "C" Md. 1643 Commerce Drive South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 C ~°IAIaLE~ S I~~YES 814.MARlETTA STREET SOUTH BEND, IN 46601 TM VUW W.TE LECO M PAR K.CO M T+574.233.1296 F+574.232.4609 ~~ September 16, 2008 Board of Zoning Appeals of the City of South Bend 125 South Lafayette Blvd. Suite 100 South Bend, IN 46601 RE: September 18, 2008 Meeting of the Board of Zoning Appeals Special Use Exception Variances Southwest Portion of Rum Village Park (within the Rum Village Park Service Area), on the east side of Gertrude St., approximately .5 miles south of Ewing Ave., in South Bend,1N 466]4 To the Honorable Board: Charles S. Hayes Inc, respectfully tables the above September 18`h, 2008 petition untii the October 16, 2008 meeting of the Board of Zoning Appeals of the City South Bend. A decision has been made by the Park Board to offer to lease the above referenced property in lieu of selling the property. In doing so, all the same requirements of selling the property must be applied to leasing the property which further delays presenting our petition at the time last requested. We thank you for your patience and look forward to presenting our petition to you, along with working with the Park Board, to successfully bring our request to fruition. Best Regards, /~ G~./ ~ ~ ,~ p ~~" ~ Kerry Wall c Vice-President INFRASTRUCTURE FOR THE TELECOMMUNICATIONS iNDUSTRYTM PART OF THE SOUTHWEST QUARTER SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST, JOSEPH COUNTY, INDIANA. ~~ ~a.a,~xµ,,~ ~~,a~>~ ,.nHm~,,..~...,Y..~ffv,~`~.°°a.~y,~ `+f°;`~e.mw~ .~a~a ~ aw;,m `. 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W.R rt„M„»„ ~aP u~.uP G ~~ .~.e om. a-I I-oa R% 9 1 3 7 0 N 9 ~ a~~: y~~09 awc wre er ...x M Pl, HNHFA, P13. /910011 ,~'-~~SURI~1'• .vM Y`Iw~ll~ i aiq, ~ RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LAFAYETTE FALLS -PHASE IV LOT 1vUMBER5 285-313, 340-383, 385-394 and 436-450 ALL IloT PHASE IV AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL - WEISS, LLP 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 Lots 285 Address Tax Key #s 1526 Brick Drive or 6827 Mackey Court Unavailable for all lots. 286 6833 Mackey Court 287 6839 Mackey Court 288 6845 Mackey Court 289 6851 Mackey Court 290 6905 Mackey Court 29I 6915 Mackey Court 292 1538 Mackey Drive 293 1530 Mackey Drive 294 1522 Mackey Drive 295 1514 Mackey Drive 296 ~ 1506 Mackey Drive or 6903 Stewart Drive 297 1424 Mackey Drive or 6904 Stewart Drive 298 1418 Mackey Drive 299 1412 Mackey Drive 300 1406 Mackey Drive 301 1320 Mackey Drive 302 1312 Mackey Drive 303 1304 Mackey Drive 304 1226 Mackey Drive - 305 1220 Mackey Drive 306 1214 Mackey Drive 307 1208 Macke Drive 308 1202 Mackey Drive 309 1134 Mackey _ Drive 310 1128 Mackey Drive 311 1122 Mackey Drive 312 1116 Mackey Drive 313 1110 Macke ~Drive 340 1104 Mackey Drive or 6905 Wiley Drive 41 3 6942 Lutz Drive or 6906 Wiley Drive _ 342 6934 Lutz Drive 343 6928 Lutz Drive 344 6927 Lutz Drive 345 6935 Lutz Drive 346 1101 Macke y Drive 347 1105 Macke y Drive 348 1111 Macke y Drive 349 1117 Macke ~Drive 350 1123 Macke y Drive 351 1129 Macke y Drive 352 1135 Macke y Drive 353 1141 Macke Drive or 6844 Jacktown Drive 354 6836 Jacktown Drive 355 6822 Jacktown Drive 356 6814 Jacktown Drive or 1134 Keady Court 357 1126 Keady Court 358 1120 Keady Court 359 1114 Keady Court 360 1108 Keady Court 361 1102 Keady Court 362 1040 Keady Court 363 1034 Keady Court 364 1028 Keady Court 365 1022 Keady Court 366 1025 Keady Court 367 1031 Keady Court 368 1037 Keady Court 369 1043 Keady Court 370 1107 Keady Court 371 1113 KeadY Court 372 1119 Keady Court 373 1125 Keady Court 374 1215 Keady Court 375 1225 Keady Court 376 1305 Keady Court - 377 ~ 1311 Kead Court 378 1317 Kead Court 379 1323 Keady Court - 380 1329 Keady Court - 381 1403 Kead Court 382 1409 Keadv Court 383 1415 Keady Court or 1415 Stadium Drive 385 1406 Stadium Drive or 6803 Tyler Drive 386 6809 T ler Drive 387 6815 Tyler Drive 388 6821 Tyler Drive 389 6827 Tyler Drive 390 6833 Tyler Drive 391 6839 Tyler Drive 392 6845 Tyler Drive 393 6851 Tyler Drive 394 6857 Tyler Drive or 1413 Mackey Drive 436 1305 Macke Drive or 6844 Tyler Drive 437 6838 Tyler Drive 438 6832 Tyler Drive 439 6826 Tyler Drive 440 6822 Tyler Drive 441 6814 Tyler Drive 442 1308 Keadv Court 443 1232 Keady Court 444 1226 Keady Court 445 1220 Keadv Court or 6807 Jacktown Drive 446 6815 Jacktown Drive 447 6823 Jacktown Drive 448 6831 Jacktown Drive 449 6839 Jacktown Drive 450 6847 Jacktown Drive or 1223 Mackey Drive all in South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: LAFAYETTE FALLS, PHASE IV APART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER LYING SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST, A DISTANCE OF 281.17 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, SAID SOUTHWEST CORNER BEING MARKED BY A S/8 INCH DIAMETER ROD, 0.1 FEET BELOW THE ROAD SURFACE; THENCE SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2121.17 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF BRICK DRIVE AS RECORDED IN LAFAYETTE FALLS, PHASE III, SECTION THREE RECORDED UNDER INSTRUMENT NUMBER 0808755 IN THE OFFICE OF RECORDER OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE THE NEXT TEN COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION THREE: (1) SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 139.07 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 42.43 FEET BEARING SOUTH 4S DEGREES 00 MINUTES 00 SECONDS EAST; (2) THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 47.12 FEET; (3) THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 273.42 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 10.66 FEET BEARING SOUTH 02 DEGREES 26 MINUTES 36 SECONDS EAST; (4) THENCE SOUTHERLY ALONG SAID CURVE, A DISTANCE OF 10.66 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 27.12 FEET BEARING SOUTH 21 DEGREES S9 MINUTES 07 SECONDS WEST; (5) THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 60.00 FEET AND A CHORD OF 119.99 FEET BEARING SOUTH 40 DEGREES 22 MINUTES 44 SECONDS EAST; (6) THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 186.90 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 30.00 FEET AND A CHORD~OF 27.12 FEET BEARING NORTH 77 DEGREES 1S MINUTES 25 SECONDS EAST; (7) THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 30.75 FEET BEARING SOUTH 82 DEGREES S6 MINUTES 08 SECONDS EAST; (8) THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 30.82 FEET; (9) THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 391.30 FEET; (10) THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF LAFAYETTE FALLS, PHASE III, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0728461 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 584.92 FEET TO THE NORTHEAST CORNER OF LOT 405 IN LAFAYETTE FALLS, SECTION FIVE &LAFAYETTE FALLS, PHASE III, LOTS 405 & 406 AS RECORDED UNDER INSTRUMENT NUMBER 0704435 IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO LYING ON THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1602.00 FEET AND A CHORD OF 13.30 FEET BEARING SOUTH 82 DEGREES 24 MINUTES 06 SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE AND THE SOUTH RIGHT-OF-WAY LINE OF STADIUM DRIVE, A DISTANCE OF 13.30 FEET; THENCE THE NEXT FOUR COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, SECTION FIVE &LAFAYETTE FALLS, PHASE III, LOTS 405 & 406; (1) NORTH 07 DEGREES SO MINUTES 12 SECONDS EAST, A DISTANCE OF 50.00 FEET; (2) THENCE NORTH 18 DEGREES 43 MINUTES 18 SECONDS EAST, A DISTANCE OF 115.58 FEET; (3) THENCE NORTH 42 DEGREES 38 MINUTES 44 SECONDS EAST, A DISTANCE OF 57.21 FEET; (4) THENCE NORTH S8 DEGREES 07 MINUTES 46 SECONDS EAST, A DISTANCE OF 170.49 FEET TO THE SOUTHEAST CORNER OF LOT S4 IN LAFAYETTE FALLS, SECTION FOUR AS RECORDED UNDER INSTRUMENT NUMBER 0602210 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT SIX COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS SUBDIVISION, SECTION FOUR: (1) SOUTH 89 DEGREES 10 MINUTES 21 SECONDS EAST, A DISTANCE OF 371.03 FEET, (2) THENCE SOUTH 12 DEGREES 37 MINUTES 17 SECONDS EAST, A DISTANCE OF 80.47 FEET, (3) THENCE SOUTH 27 DEGREES 09 MINUTES 37 SECONDS EAST, A DISTANCE OF 165.85 FEET, (4) THENCE SOUTH 61 DEGREES 00 MINUTES 44 SECONDS EAST, A DISTANCE OF 165.85 FEET, (S) THENCE SOUTH 78 DEGREES SS MINUTES 4S SECONDS EAST, A DISTANCE OF 108.66 4 FEET, (6) THENCE NORTH 81 DEGREES 58 MINUTES 30 SECONDS EAST, A DISTANCE OF 182.70 FEET TO THE SOUTHWEST CORNER OF LOT NUMBER 185 IN LAFAYETTE FALLS SUBDIVISION, SECTION TWO, RECORDED UNDER INSTRUMENT NUMBER 0451995 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS SUBDIVISION, SECTION TWO: (1) NORTH 83 DEGREES 42 MINUTES 21 SECONDS EAST, A DISTANCE OF 67.54 FEET, (2) THENCE SOUTH 56 DEGREES 29 MINUTES 48 SECONDS EAST, A DISTANCE OF 150.76 FEET TO A POINT ON THE BOUNDARY OF LAFAYETTE FALLS, PHASE III, SECTION TWO AS RECORDED UNDER INSTRUMENT NUMBER 0811195 IN THE OFFICE OF SAID RECORDER; THENCE NEXT FOUR COURSE ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION TWO: (1) SOUTH 03 DEGREES 49 MINUTES 12 SECONDS EAST, A DISTANCE OF 84.83 FEET; (2) THENCE SOUTH 25 DEGREES OS MINUTES 08 SECONDS WEST, A DISTANCE OF 170.00 FEET; (3) THENCE SOUTH 49 DEGREES 57 MINUTES 33 SECONDS WEST, A DISTANCE OF 90.86 FEET; (4) THENCE SOUTH 34 DEGREES 39 MINUTES 21 SECONDS EAST, A DISTANCE OF 422.72 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 19 MINUTES 47 SECONDS WEST, A DISTANCE OF 2123.00 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MIN(JTES 41 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 557.10 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 24.118 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. and this property which has Parent Parcel Tax Key Number 23-1002-0022.01 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the- Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South 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 se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: 5 A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C." That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. 6 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, f L ywJ. ~.. ~.~..` Member of the Common Council ' ~IyC~Y66~. isy ~R^~~ CI~t~ 4~k t~i3~!g-;~ ~~ ~jlC~~.l ~~.k~ 6>:v G2ESEP~i7€~3 t ~ -- t d- ~ b MOT APB t0'dF~ 7 ~i1~d 1~ ~1~~'~'~ ~6fi~~~~ OCT 2 3 200 SRHV~S `Jt]..tCtRDE RESOLUTION NO. A RESOLUTION CONFIIZMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMON~.,Y KNOWN AS 1019 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT J. AND DEBORAH S. BER:NIiARD 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 1019 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 1, T.37 N., R.2 E. (Being a replat of part of Lot 84 and 85 of Sorin's Second Addition to Lowell, now the City of South Bend) Portage Township, City of South Bend, St. Joseph County, Indiana and this property has Tax Key Numbers 18-5104-3650 and 18-5104-3653, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and~objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and fords that the petition for real properly tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii.. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Conunon Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. . F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 2 SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real properly tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et_ seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member ofthe Common Council ~j ~~R`~~~id~~a . P y CA~r !~ ~st~~'ICfs ~i~ ~4I~RC1j a"C~(Q!1 C~ t~E1~ I~U~', ~~:~------ -, t_ l O 1~!U7 r~.Pt'y0'E~. ,_-f-- {{ee.ww.cc,,~}} •~t::,. Sys ~4~[~v ~tt'W+N 4{~ Yc4~~;i'~~, (~;`'~ ~ ~ rZUCO tl 3 ' c ~~ ~~ ~ ~ ~ ~- I ~ ~.°~ 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 CRESCENT OAKS -SECTION 2 (A certain 80 lots located on approximately 19.9 ages approximately 693 eet east oflronwood Road, and lyin~ between Jackson Road and Kern Road AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Lots 32 Address Tax Key #s 2322 Basin Street Unavailable for all lots. 33 2330 Basin Street 34 2338 Basin Street 35 2402 Basin Street 36 2408 Basin Street 37 2416 Basin Street 38 2424 Basin Street 39 2432 Basin Street 40 2440 Basin Street or 5511 Runnin¢ Deer Drive 41 2323 Basin Street 42 2331 Basin Street 43 2339 Basin Street 44 2405 Basin Street 45 2413 Basin Street 46 2421 Basin Street 47 2429 Basin Street or 5469 Balboa Park Avenue 48 2428 St. Charles Avenue or 5461 Balboa Park Avenue 49 2420 St. Charles Avenue 50 2412 St. Charles Avenue 51 2404 St. Charles Avenue 52 2338 St. Charles Avenue 53 2330 St: Charles Avenue 54 2322 St. Charles Avenue 55 2319 St. Charles Avenue 56 2327 St. Charles Avenue 57 2335 St. Charles Avenue 58 2405 St. Charles Avenue 59 2411 St. Charles Avenue 60 2417 St. Charles Avenue 61 2423 St. Charles Avenue 62 2429 St. Charles Avenue 63 2435 St. Charles Avenue 64 2441 St. Charles Avenue 65 2447 St. Charles Avenue or 5373 Balboa Park Avenue 66 2511 St. Charles Avenue or 5418 Balboa Park Avenue 67 2519 St. Charles Avenue 68 2527 St. Charles Avenue or 5419 Iberville Drive 69 2609 St. Charles Avenue or 5420 Iberville-Drive 70 2617 St. Charles Avenue 71 2625 St. Charles Avenue 72 2633 St. Charles Avenue 73 2641 St. Charles Avenue 74 2649 St. Charles Avenue 75 2657 St. Charles Avenue 76 2650 St. Charles Avenue or 5455 Julia Street 77 2642 St. Charles Avenue 78 2634 St. Charles Avenue 79 2626 St. Charles Avenue 80 2618 St. Charles Avenue 81 2610 St. Charles Avenue 82 2602 St. Charles Avenue 83 2534 St. Charles Avenue 84 2528 St. Charles Avenue 85 2520 St. Charles Avenue 86 2512 St. Charles Avenue 87 2504 St. Charles Avenue or 5458 Balboa Park Avenue 88 2509 Basin Street or 5464 Balboa Park Avenue 89 ~ 2517 Basin Street 90 2525 Basin Street 91 ~ .2533 Basin Street 92 2541 Basin Street 93 2549 Basin Street 94 2607 Basin Street 95 261 S Basin Street 96 2623 Basin Street 97 2631 Basin Street 98 2639 Basin Street 99 2647 Basin Street or 5463 Julia Street 100 2530 Basin Street or 5512 Running Deer Drive 101 2538 Basin Street 102 2546 Basin Street 103 2604 Basin Street 104 2612 Basin Street 105 2620 Basin Street 106 2628 Basin Street 107 2636 Basin Street . 108 2644 Basin Street 109 5468 Julia Street 110 5460 Julia Street 111 - 5452 Julia Street all in Crescent Oaks -Section 2, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: CRESCENT OAKS, SECTION TWO (PROPOSED) A PARCEL OF LAND BEING A PART OF PARENT PARCEL OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1363.59 FEET TO THE NORTHWEST CORNER OF CRESCENT OAKS, SECTION ONE AS RECORDED UNDERINSTRUMENT - NUMBER 0829850 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST ALONG THE BOUNDARY OF SAID CRESCENT OAKS, SECTION ONE, A DISTANCE OF 693.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST, A DISTANCE OF 177.14 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 57 SECONDS WEST, A DISTANCE OF 125.00 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST, A DISTANCE OF 232.00 FEET; THENCE SOUTH 85 DEGREES 49 MINUTES 53 SECONDS EAST, A DISTANCE OF 202.56 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 2030.00 FEET AND A CHORD OF 158.81 FEET BEARING SOUTH 14 DEGREES 23 MINUTES O1 SECOND WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 158.85 FEET; THENCE SOUTH 82 DEGREES 47 MINUTES OS SECONDS EAST, A DISTANCE OF 138.79 FEET; THENCE SOUTH 88 DEGREES 33 MINTJTES 39 SECONDS EAST, A DISTANCE OF 128.79 FEET; THENCE SOUTH 85 DEGREES 11 MINUTES 32 SECONDS EAST, A DISTANCE OF 50.18 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 57 SECONDS EAST, A DISTANCE OF 270.32 FEET; THENCE SOUTH 88 DEGREES 54 MINUTES 22 SECONDS EA5T, A DISTANCE OF 60.01 FEET; THENCE SOUTH 87 DEGREES 44 MINUTES 44 SECONDS EAST, A DISTANCE OF 65.06 FEET; THENCE SOUTH 86 DEGREES 28 MINUTES 34 SECONDS EAST, A DISTANCE OF 60.12 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 110.01 FEET; THENCE SOUTH 02 DEGREES 27 MINUTES 46 SECONDS EAST, A DISTANCE OF 77.59 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 02 SECONDS EAST, A DISTANCE OF 21.27 FEET; THENCE SOUTH 52 DEGREES I5 MINUTES 17 SECONDS EAST, A DISTANCE OF 153.53 FEET; THENCE SOUTH 02 DEGREES OS MINUTES 58 SECONDS EAST, A DISTANCE OF 68.80 FEET; THENCE SOUTH 35 DEGREES 37 MINUTES 17 SECONDS WEST, A DISTANCE OF 118.24 FEET; THENCE SOUTH 45 DEGREES 42 MINUTES 59 SECONDS WEST, A DISTANCE OF 113.98 FEET TO THE NORTH BOUNDARY OF DEER HOLLOW AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID NORTH BOUNDARY AND THE NORTH BOUNDARY OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT NUMBER 9516217 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1317.09 FEET TO THE SOUTHEAST CORNER OF LOT 31 1N SAID CRESCENT OAKS, SECTION ONE; THENCE THE NEXT FIVE COURSE ALONG THE BOUNDARY OF SAID CRESCENT OAKS, SECTION ONE, EXCLUSIVE OF THE TEMPORARY TURNAROUND EASEMENTS: (1) NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, A DISTANCE OF 130.01 FEET; (2) THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST, A DISTANCE OF 10.93 FEET; (3) THENCE NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, A DISTANCE OF 367.00 FEET; (4) THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 9.51 FEET; (5) THENCE NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, A DISTANCE OF 127.76 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 19.91 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. • and these lots which do not yet have individual tax key numbers but are part of the parent parcel with tax key number 26-1035-0589.02, be designated as a Residentially Distressed Area under the provisions of Indiana.Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seg., and South Bend Municipal Code Sections 2-76, et sec,., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 4 SECTION, I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council., SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. r-- l t ;; Member of the~Common Council j~- 1, . / . ..., .. _ i~pY ..~ ~t~~~~~ -K:~S~iV7LR. 6 Q~T 2 3 ?nQa J4F1N VOQRD~ Ci7Y CLFi~K, S0. E£t~[Ct, IN. 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY October 23, 2008 EXECUTIVE DIRECTOR Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: FIRST FEDERAL SAVINGS BANK (Royal Oak Estates, Sections 2 & 3) Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by First Federal Savings Bank. In collaboration with Weiss Homes, Inc. the Bank intends to develop forty-three lots remaining in Sections 2 and 3 of the Royal Oak Estates subdivision. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to develop the forty-three lots at a cost of $8,600,000. This is a renewal request for tax abatement. The prior developer of the subdivision was D & H Home Builders, Inc. First Federal purchased the lots at a tax sale. The term for the abatement covering Section 2 has already expired. The term for the abatement covering Section 3~ will expire this December. The Bank is requesting a new tax abatement in order to continue offering abatements as an incentive for the sale of the remaining lots. The project meets the qualifications for afive-year (5) real property tax abatement. The petitioner will be available to meet with the Committee on Monday, November 10, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAMELA C. MEYER DONALD E. INKS 1V1A1VAGEMENT 57/235-9660• 574/235-9371 ELIZAOErH LEONARD FAX: 574/235-9697 5741235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: FROM: SUBJECT: DATE: SOUTH BEND COMMON COUNCIL BOB MATHIA RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: FIRST FEDERAL SAVINGS BANK (Royal Oak Estates, Sections 2 and 3) October 23, 2008 On October 22, 2008, a petition for residential tax abatement consideration for real property located in Royal Oak Estates, sections 2 and 3 was filed with the City Clerk by First Federal Savings Bank. 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 and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Sections 2 and 3 of the subject subdivision were each granted five-year residential real property tax abatements on January 27, 2003, and December 8, 2003, respectively, through Common Council Resolution numbers 3156-03 and 3277-03. The Common Council's resolutions confirmed their earlier declaratory resolutions designating Sections 2 and 3 as Residentially Distressed Areas (RDAs) and those designations were limited to five calendar years from the dates of the adoption of the declaratory resolutions, which were January 13, 2003, and November 24, 2003. The RDA designation is required in order for the developer, First Federal in collaboration with Weiss Homes, to offer tax abatements on the lots remaining to be sold in Sections 2 and 3 COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HL PROGRAM PAhfELA C. MEYER DONALD E. INKS MANAGEMENT 5741235-9660 574/235-9371 EuznriETx LEONARD FAx: 574/235-9697 574/235-9371 South Bend Redevelopment Council RE: First Federal Savings Bank (Royal Oak Estates, sections 2 & 3) October 23, 2008 Page 2 Forty-three lots are available in Sections 2 and 3. The two sections contain a total of 83 lots. The two sections are located on approximately 12 acres. Homes will range between 1,800 and 2,900 square feet in size. The estimated average price of the homes is $215,000. Taxes to be abated during the five-year (5) abatement period are estimated at $8,700 per home. The taxes to be paid during the five-year (5) abatement period for each home are estimated at $3,722. Total taxes to be abated for the 43 houses during the five (5) year abatement period are estimated at $374,100. Total taxes to be paid during the five (5) year abatement period for the 43 houses are estimated at $160,039. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that-the property is not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petition meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 23-Oct•08 First Federal Savings Bank South Bend Centre Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: _ STRUCTURE (% AV of cost) 85.0°k LAND Value ~ ...10,000 Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value ! $215,000.00 Total Taxes Tax Abated** Tax Paid*** 182,750.00 182,750.00 182,750.00 10,000.00. N/A NIA 192,750.00 182,750.00 182,750.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (50,662.50) (50,662.50) (50,662.50) 94,087.50 84,087.50 84,087.50 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Prooerty Taxes: Assume constant tax rate of N/A N/A (74,880.00) N/A (9,207.50) N/A N/A N/A 10,000.00 94,087.50 74,880.00 19,207.50 4.3356% 4.3356% 4.3356% Gross Tax (tax rate x net assessed value) 4,079.26 3,246.50 832.76 Less State & County Homestead Credit: 0.4602% (432.99) (344.60) (88.39) Tax Due Before Circuit Breaker 3,646.27 2,901.90 744.37 Less Circuit Breaker Credit (1,161.86) (1,161.86) 0.00 Net Tax 2,484.40 1,740.04 744.37 Circuit Breaker Cap Circuit Breaker 1.0000% 1,927.50 1,827.50 1,927.50 Debt Service 0.5919% 556.90 443.21 113.69 Circuit Braker Cap 2,484.4b 2,270.71 2,041.19 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 94,087.50 2,484.40 1,740.04 744.37 2 94,087.50 2,484.40 1,740.04 744.37 3 94,087.50 2,484.40 1,740.04 744.37 4 94,087.50 2,484.40 1,740.04 744.37 5 94,087.50 2,484.40 1,740.04 744.37 5 year totals: 12,422.02 8,700.18 3,721.84 *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 maximam abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE First Federal Savings Bank 43 lots LAND* BUILDINGS** TOTAL Year 1 $1,201 $30,807 $32,008 Year 2 1,201 30,807 32,008 Year 3 1,201 30,807 32,008 Year 4 1,201 30,807 32,008 Year 5 1,201 30,807 32,008 Total $6,005 $154,035 $160,040 *Current tax levy for the 12 acres **includes 43 houses. ABONPdIAPCHE Confidence By Design October 22, 2008 Members of the Common Council City of South Bend 227 West Jefferson Boulevard, Suite 400 S South Bend, IN 46601 ENGINEERS RE: Royal Oak Estates, Section 2 8~ 3 ARCHITECTS VarIOUS LOtS PLANNERS 5 Year Residential Property Tax Abatement Renewal SURVEYORS 750 Lincoln Way East South Bend, IN 46601 T. 574-232-8700 F. 574-251-4440 www.abonmarche.com FORT WAYNE, IN BENTON HARBOR, MI MANISTEE, MI SOUTH HAVEN, MI Dear Council Members: On behalf of the current owner, First Federal Savings Bank, and the contingent owner and builder, Weiss Homes, Inc., we are requesting the renewal of a 5 year residentia4 property tax abatement for 43 lots within Royal Oak Estates, Section 2 and 3. Royal Oak Estates is located on the south side of the City of South Bend and lies to the south of Johnson Road between Miami Road and U.S. 31. Sections 2 and 3 of this subdivision were subdivided and a 5 year property tax abatement was approved in 2003. The abatement for Section 2 was approved by the Common Council on January 27, 2003 (Resolution No. 3156-03), and the abatement for Section 3 was approved by the Common Council on December 8, 2003 (Resolution No. 3277-03). Therefore, the abatement for the lots included within this petition have either already expired or soon will be expiring. First Federal Savings Bank acquired ownership of the remaining undeveloped lots within Royal Oak Estates this month via a tax sale. These lots were previously owned by D 8~ H Home Builders, Inc.; the original developer of the subdivision. Weiss Homes, Inc. has an agreement with First Federal Saving Bank that they will be the sole builder of homes upon these lots. By approving the renewal of the tax abatement, Weiss Homes, Inc. will be able to market the lots with this incentive. Also, the prospective owners of these undeveloped lots will be able to benefit from the same abatement which has been granted for every other developed lot within the subdivision. The City of South Bend will still receive the additional taxes generated by these improved residential lots based upon the 5 year abatement schedule. After the 5 year abatement expires, the City will receive 100 percent of the taxes assessed for these lots. October 2008 ~ , """"'~ Royal Oak Estates, Section 2 and 3 ~ ~ Residential Property Tax Abatement Renewal - Various Lots ABOwN,4RCHE Citv of Soufh Bend, Indiana 2 We believe that the lack of development upon these 43 lots over the last 5 years and Weiss Homes, Inc. current involvement and commitment to develop these lots justify the Council's consideration to renew the residential property tax abatement. Therefore, we are respectfully requesting the favorable consideration of this petition by both the Council's Community and Economic Development Committee and the entire Council. If you have any questions or require any additional information regarding this petition, please do not hesitate to contact our office. Since ~ ~ s. ~2 Derek J. Spier, AICP Planner cc: File M8-0785-190 Weiss Homes, Inc. -"!_"(~f -_ } p.~.~ r Wi`t'='r,~ n, r '-0 OCT 2 2 ~;~.,;:~ ~ot;;~ v~or~ ~=t~ !~i. CITY CLEt~K, SQ. E:~'. , ..,,, ~"~ STATEMENT OF BENEFITS 7 ' `^.. - State Form 27167 {R7! 12-01) R Y ~~1~ ~ Prescribed by the Department of local Government Finance ~oRM SB - 't INSTRUCTIONS: 1. This statement must be submtted to the body designating the economic revitflization area prior to the public hearing if the designating body requires infor- mation from the applicant fn making ifs decfs on about whether to designate an Economic Revltalizatlon Area. Otherwise this statement must be submitted to the designating body Bt:FORE a parson fnsfafls the new manufacturing equipment and 1 or research and development equipment, or BEFORE the redevelopment or rehabdrtatron of real property for whfch the person wishes fo claim a deduction. 'Projects" planned or committed to after July i, T 98T and areas designated afterJuly 1, 1987 require a STATEMENT OF SENEFtTS. (1C &f.f-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.} must be obtained prior to initiation of the redevelopment or rehabilitation, or prior to instaila6on of the new manufacturing equipment and I orresearoh and development equipment, BEFOREa deduction may be approved. 3. To obtain a deduction, Form 322 ERA, Real Estate improvements and I or Form 322 ERR 1 PPME and 1 or 322 ERA I PPR & Dt ;must be filed with the county auditoi With respect fo real prepert}; Form 322 ERA must ba filed by the later oh. (1) May 10; or (Z) fhirty~30) days after a notice of increase in real property assessment is received from the township assessor. Form 322 ERA i PPME and / or 322 ERA R & b must be fried between March 1 and May 15 of the assessment year in which new manufacturing equipment and 1 or research and development equipment becomes assessable, unless a filing extension has been obtained. A person who obtains a filing extension must fife the form between March 1 and the extended due date of that year. 4. Property owners whose Statement o/Benefits was approved after June 30, T99f must submit Form CF- i annually to show compliance with the Statement ofBene~is. (lCti-l.l-i2.1-5.5) 5. The schedules esfablfshed under IC 8-1.T-12.4-4(d) and 1C 6-1.1-t2.1-4.5 (e) effective July T, 2000 apply to any statement of benefits filed on or after July f, 2000. The schedules effective prior to July T, 2000 shall continue fo apply to those statement of benefits filed before Juty 1, 2000. ~' • Name of taxpayer, ~f25T ~Rd~-t-- S~Jf!~JC~S I~A~1~ A dress of taxpayer (street and number, city, state and Z1P code) ~ / ~o I ,CAST t Tf-{- ST~~T"1 TAO., t~~ SZ7r ~~Ct-t.ESTE-/L , ~II.J rfito~75'c~SZ~ Name of contact >person ~2c- ~lz c f I~ t~~+ c~ i Telephone number siA~) Z23 - 2~ z~_ c , 5 1c{-t-A2~j .~. ~ . , . - Name of designaGn body Resolution number / Scou'i-l-} ~~N ~ C~`~Pn/Vlor~1 ~~,.f ct l~ Location of property ' :. ~:~ SE '~A SEC.-,~orJ a~to,'i 3~ (~l ~ ~Z- F' County s~ - Sasr~.Pti- Taxing district F~2F_ Description of teat property improvements acid ! or new manufa~uring equipment and / or ESTIM ATED arch and development equipment (use additional sheets if necessary) t ti D l C rese Start Date a e on e omp ~~oU.S VNDSJ~r.o pp~ SI1J(TI.F - rA~~4~ Real Estate vti~TL`. 7~,~q~ ZOt ~`SIt7~nI'f1Arl- tjDTS ~GA-~ ~ wmft~l Ro~/A~^ ~-K New MfgEquipmenf t~4ur lc- J 2t Q3 ' .. no~.. , - 3, Ta LETS . ~Sl~~ ~, ~c- R&DE Current number Salaries Number retained Saiarles Number additional Sala ries NOTE: Pursuant to IC 6-1,1-12.1-5.1 (d) (2) the Real Estate Improvements Machinery Research and Development Equipment COST of the property is confidential. - Cost Assessed Value Cost Assessed Value Cost Assessed Value Current values ~ pA,Oir./T f{2Gf ~, ~ I ~ OD Plus estimated values of proposed project q ?1lS, o00 Less values of any property being replaced f•! Net estimated values upon completion of project q 24S,ooo ~ .. -. Estimated solid waste converted (pounds) ~i Estimated hazardous waste converted (pounds) NA Other benefds: N~ • ~ I hereb certi that the re resentations in this statement are true. Signature of authorized representative Title nth, day, year) Date signed (m o ~ / We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted In the resolution previously approved by this body. Said resolution, passed under 1C 6-1.1-12.9-2.5, pro- videsfor the foi(owing limitations as authorized under 1C 6-1.1-12.9-2. A. The designated area has been limited to a period of time not to exceed calendar years " (see below). The date #his designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements; ^ Yes O N o 2. Installation of new manufacturing equipment; D Yes ^ N a 3. Installation of new research and development equipmen#; ^ Yes O No 4. Residentially distressed areas O Yes ^ No C .7he amount of deduction applicable for redevelopment or rehabilitation is limited to $ ,.,_ cost with an assessed value of $ D .~'he amount of deduction applicable to new manufacturing equipment is limited to $ ,~ cost with an assessed value of $ ~^ E.7he amount of deduction appiicabie to new research and development equipment is limited to $ ,,,_ _,_.~ cost with an assessed value of $ _ F. Other limitations or conditions (specify) Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reason- able and have determined that the totality of benefits is sufficient to Justify the deduction described above. Approved: (slgnafure and title of authorized member) Teteptwne number ~ ~ Date signed (rrmnth, day, year) Attested by: .1 Designated body " !f the designating body limits the time period during which an area is an economic revitilization area, it does not firriif the Length of time a taxpayer is entitled to receive a deductian fo a number of years designated under IC &9.1-12.1-4 or 4.5 ~-~~~ ~!3 ~~~i"a~'S QfitG~ OCT 2 7 2GG8 JGHFJ Vt~i1RDE CITY Cf.>ai'iiC, cQ. l3EVD, IN. CITY OF SOUTH BEND, INDIANA PETITION FOIL RESIDENTIAL TAX ABATEIVIENT CONSIDERATION The undexsigned owners} of real property, heated 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 se .and South Bend Municipal Code Sec. 2-76 et se .for this petition states the following: 1. 2. Estimate the dollar value of the construction project (do not include land cost): $ ~~ (oac7, O,~ 3. 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 f led with the Securities and Exchange Commission): ~ c~-,-~-.~~,~,.~- o+~.~~F.,/Z ~-~k W2R.~~r- awnJF-/L- f~cou~Itti~ t~ i~~ SRS. Inl ocT. ~ ;;N-~-a~--me-- Address Interest W,E1SS ~-I-n~,n~s. IeJL_ SZ~S j=A-ST J~FFl2Sa-J Qt.Jr~ . 110 ~~ ~F.ft ''k~ =Fi~S~ ~ot;¢.a t._..- 3~ t ER sr q Tt+ M,E.J'~'~a , Za a 8 - - Avwr,S 4,4N1~ t2.oGt~£STE.Q, .fN •4toq'j5- bSZ'7 4. The commonly known address of the Property is: ~~ A~h,AGr.L,En ~~~~ and having tax key na.: 5~ ~~~~ ~~S (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit "A", and is incorporated herein. 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 $ 1(v~ i~d (use additional sheet for multiple addresses). (This information maybe obtained from the St. Joseph County Assessor's Office 235-9523) 8. Photographs of the Property, taken within fivo (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 (use additional sheet for multiple addresses): '2~to TA_~L-..S PR-~ a 2.~a'7 '= ~ (Zoo. S'2 (J3ti-~/cp~ ~4- ~ ©~PA--1,7 t3. S~1 ~ ~ g'7.7 C D ('This information maybe obtained m the St. Joseph County Treasurers office 235-953 ~) 10. What is your best estimate of the after completion market value of the property: $ ~t Z4~', 0o O 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 t~o;the importance of the project (use additional sheet for long project descriptions): 4,,rr1~15 A.l~+-"~N1~../'i" j~+='T4^R.orJ i4JGa~OF_~~ i1-?~~Y~o~-v~~~n,~r~ er~-rs ~oG~o y,ti~la 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this peti#ion. 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 v then a nticipated p ublic f financing f or t he p roj ect, i ncluding a ny a ssistance t o b e s ought o r 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 Dousing. Consortium or other public financial assistance, including but not limited to public works improvements: htOaJ~ 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 v~a ues and prevent a normal development of the pxoperiy: - ju~ r~,~/e~.a-L. aF ~,a.~ A.~i~F....~n>=,•r-- ~rL -t~.(~,_sE c.~-rs ,~ n~~~~:~~ ~t7 i?(~ t-A-GI~ ~~ p6V~PM~nli- St+~/c1 ~~~,. '(`l.(ESF ~°f~-~A~~'f' ~.ll~t~-Jt~~D 1-..~ Zon3 ~~ ~~~ FbM~(3c11~-JJFy2.S lrnlD ('4~.J --StaJL6 C~.f._MA.~-.1 t~d ~('fk~+JT 1n1Jrt*_~5 ~oM~b ~j-JG. NJtw f~/1GNA-S~` A-+~Jt~ i3vtc.c~ " S+~Gt.~- F~M~t,~ ~-S~o,Ei.r;~l~L 1-4-oM/ S n~t1 TI~SE R~MA-~~uv~, t~?S . Cco,~t~rJ,~Fcs A M of P< 14. The current use of the property is JET s-,~G.L~-- F,4.M~~y 2~~~o~,.r~A~ ~~ a~drt~ie current zoning is sF ( (use) and ~ (height and area). (This information maybe obtained from the Building Department 235-9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Re~v~-elopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): 16, The followingperson should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name _~onlMR~td.E. ~Jst~i..'+7i-~'S, Lt-G ~~ E -tc .~,o~~Q ~ A-JGP Address _-7.So (.-rnlcoc.~7 U/A-~ EA-ST City, State, Zip ~~. Q,E~ ~ , t n.~ q.~~p Telephone _~~ ~.~~- ~?ao WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend; Indzana, adopt a declaratory resolution designating the area descn'bed 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 th qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Owner(s): J3. CCo~'i'~~V6D, ~(/LST (~D~R/.~t..- ~4Ji-.JInS ~~~ l By: "C~- ~ ~~L~ W tc,c.. ~.c7, ti..l TklF MAl~(~~~~vc, (Signature) dab Ste` wt+~G~ OF T-!.~ to-7-s, ~Sf~c~/1u..Y pv2~~c,. -n,~ GuR/LE~ l~C~~No M ~ L SLoK/ iJ~ W t~ f . ~tGtl.g2.~ Q,Et~I,IFJ~~(~/1Est~ (Typed or pr~tc~d-name and capacii~,c;,_ 2 lit ~ ~Cl ~(f,'i'(C'~ ~i'~t~e' OGT 2 7 2C~C8 J(ltit4'dGGF~E CJ7'Y (~iJ.C~~, rSG. c~iF~3p, JN. Royal Oak Estates, Section 2 8~ 3 -Tax Abatement Renewal 2006 Paid 2007 2005 Paid 20 06 Tax I D # Lot Number Properly Address Billed Paid Billed Paid Assessed Valuation (200 Section 2 23-1018-0381.57 100 747 Pulling St. $128.33 $0.00 $200.92 $200.92 $25,200 23-1018-0381.58 101 765 Pulling St. $140.74 $0.00 $225.04 $225.04 $26,500 23-1018-0381.59 102 773 Pulling St. $153.16 $0.00 $253.16 $253.16 $28,900 23-1018-0381.63 106 5919 Boxwood Dr. E. $157.30 $0.00 $261.20 $261.20 $29,500 23-1018-0381.65 108 5859 Boxwood Dr. E. $8.78 $0.00 $8.04 $8.04 $300 23-1018-0381.67 11D 5835 Boxwood Dr. E. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0381.68 111 5809 Boxwood Dr. E. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0381.69 112 5777 Boxwood Dr. E. $8.28 $0.00 $8.04 $8.04 $300 Section 3 23-1018-0381.88 48 535 Yoder St. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0381.89 49 523 Yoder St. $12.41 $0.00 $12.05 $12.05 $400 23-1018-0381.90 50 520 Yoder St. $12.41 $0.00 $12.05 $12.05 $400 23-1018-0381.91 51 546 Yoder St. or 5745 $12.41 $0.00 $12.05 $12.05 $400 Buckhorn Dr. 23-1018-0381.93 53 525 Dice St. ~ $12.41 $0.00 $12.05 $12.05 $400 23-1018-0381.94 54 522 Dice St. $12.41 $0.00 $12.05 $12.05 $400 23-1018-0381.95 55 528 Dice St. or 5813 $12.41 $0.00 $12.05 $12.05 $400 Buckhom Dr. 23-1015-0381.96 56 527 Dice St. or 5907 $12.41 $0.00 $12:05 $12.05 $400 Buckhom Dr. 23-1018-0381.97 57 521 Pulling St. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0381.98 58 524 Pulling St. $8.28 $D.00 $8.04 $8.04 $300 23-1018-0381 59 530 Dice St. or 5929 $107.64 $0.00 $242.10 $242.10 $16,500 Buckhom Dr. 23-1018-0382.01 61 514 Gillmer St. $132.46 $0.00 $345.60 $345.60 $22,100 23-1018-0382.02 62 522 Gillmer St. $12.41 $0.00 $12.05 $12.05 $400 23-1018-0382.04 64 6006 Buckhom Dr. $12.41 $0.00 $12.05 $12.05 $400 23-1018-0382.05 65 612 Pulling St. or 5930 $8.28 $0.00 $8.04 $8.04 $300. Buckhom Dr. 23-1018-0382.09 69 727 Pulling St. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.10 70 625 Pulling St. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.11 71 615 Pulling St. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.14 74 616 Dice St. $828 $0.00 $8.04 $8.04 $300 23-1018-0382.15 75 622 Dice St. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.16 99 708 Dice Ct $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.26 89 715 Dice Ct. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.24 91 727 Dice Ct $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.23 92 733 Dice Ct. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.22 93 737 Dice Ct. $12.41 $0.00 $12.05 $12.05 $300 23-1018-0382.21 94 740 Dice Ct. $24.84 $0.00 $24.11 $24.11 $700 23-1018-0382.20 95 734 Dice Ci. $8.28 $0.00 $8.04 $8.04 ~ $200 23-1018-0382.29 78 5722 Yellow Wood Dr. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.31 80 5721 Yellow Wood Dr. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.32 81 5727 Yellow Wood Dr. $8.28 $0.00 $8.04 $8.04 $300 23-1018-0382.35 84 615 Dice St or 5748 $12.41 $0.00 $12.05 $12.05 $400 Buckhom Dr. 23-1018-0382.36 85 5742 Buckhom Dr. $12.41 $0.00 $12.05 $12.05 $300 23-1018-0382.37 86 5736 Buckhorn Dr. $12.41 $0.00 $12.05 $12.05 $300 23-1018-0382.38 87 5730 Buckhom Dr. $828 $0.00 $8.04 $8.04 $300 23-1018-0382.39 88 5724 Buckhom Dr. $12.41 $0.00 $12.05 $12.05 $300 Totals $1,200.87 $0.00 $1,897.71 $1,897.71 $161,100 h . ;.. ~: L. 2 ~iJa$ ... EXI~BIT "A" LEGAL DESCRIPTION: APART OF THE NORTHEAST AND SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, 5T. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS NUMBERED 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 61, 62, 64, 65, 69, 70, 71, 74, 75, 78, 80, 81, 84, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, & 99, AS SHOWN ON THE RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 3, RECORDED OCTOBER 17, 2003 1N THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0367824. LOTS NUMBERED OUTLOT A, 100, 101, 102, 106, 108, 110, 111 & 112, AS SHOWN ON THE RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 2, RECORDED JANUARY 22, 2003 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0303821. 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' s F~ ,,.~i _ ~ ~~~ `visa " ~ ~ ~~ r ~ ~ ~.~ s t~~ ~ ~ _ ~, *'~ ~Y'41,t M.t'iy~ ~~3X y ' Picture 1 -Looking Southerly along Buckhorn Drive into Royal Oak Estates, Section Three. Picture 2 -Looking Southerly along Yellow Wood Drive into Royal Oak Estates, Section Three. ,` -,` .. _ , _'"~~~~.~. ~ ...,,may - 1, ~ {„~ , ~ ~. ~.,,; r ~M . ~s~ } ti t -, , + , ~ J J - -.~ ~ ... ~ ., _ ,. .. ...-.... _ ~_-.. _.. Picture 3 -Looking Westerly along Pulling Street into Royal Oak Estates, Section Three. Picture 4 -Looking Easterly Along Pulling Street into Royal Oak Estates, Section Two. Pictures were taken on October 20, 2008. (See Exhibit "B" for locations of pictures.) 0 { ~.~ ,: l ~r ~~~ i ~ 1.1, ~~' ~ f~ {/ ,~v' i- C.. ~. r Picture 5 -Looking Southerly Along Boxwood Drive East into Royal Oak Estptes, Section Two. 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 ROYAL OAI~ ESTATES -SECTIONS 2 ~ 3 A ceYtain 43 undeveloped, single family lots located south of Johnson Road and 1/ mile west of Miami Road AS' RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR FIRST FEDERAL SAVINGS BANK WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Tax Key Number Lot Number Property Address Section 2 23-1018-0381.57 100 747 Pulling St. 23-1018-0381.58 101 765 Pulling St. 23-1018-0381.59 102 773 Pulling St. 23-1018-0381.63 106 5919 Boxwood Dr. E. 23-1018-0381.65 108 ~ 5859 Boxwood Dr. E. 23-1018-0381.67 110 5835 Boxwood Dr. E. 23-1018-0381.68 111 5809 Boxwood Dr. E. 23-1018-0381.69 112 5777 Boxwood Dr. E. Section 3 23-1018-0381.88 48 535 Yoder St. 23-1018-0381.89 49 523 Yoder St. 23-1018-0381.90 50 520 Yoder St. 23-1018-0381.91 51 546 Yoder St. or 5745 Buckhorn Dr. 23-1018-0381.93 53 525 Dice St. 23-1018-0381.94 54 522 Dice St. 23-1018.-0381.95 55 528 Dice St. or 5813 Buckhorn Dr. 23-1018-0381.96 56 527 Dice St. or 5907 Buckhorn Dr. 23-1018-0381.97 23-1018-0381.98 23-1018-0381 23-1018-0382.01 23-1018-0382.02 23-1018-0382.04 23-1018-0382.05 23-1018-0382.09 23-1018-0382.10 23-1018-0382.11 23-1018-0382.14 23-1018-0382.15 23-1018-0382.16 23-1018-0382.26 23-1018-0382.24 23-1018-0382.23 23-1018-0382.22 23-1018-0382.21 23-1018-0382.20 23-1018-0382.29 23-1018-0382.31 23-1018-0382.32 23-1018-0382.35 23-1018-0382.36 23-1018-0382.37 23-1018-0382.38 57 521 Pulling St. 58 524 Pulling St. 59 530 Dice St. or 5929 Buckhorn Dr. 61 514 Gillmer St. 62 522 Gillmer St. 64 6006 Buckhorn Dr. 65 612 Pulling St. or 5930 Buckhorn Dr. 6g 727 Pulling St. 70 625 Pulling St. 71 615 Pulling St. 74 616 Dice St. 75 622 Dice St. gg 708 Dice Ct. 89 715 Dice Ct. 91 727 Dice Ct. 92 733 Dice Ct. 93 737 Dice Ct. 94 740 Dice Ct. 95 734 Dice Ct. 78 5722 Yellow Wood Dr. 80 5721 Yellow Wood Dr. 81 5727 Yellow Wood Dr. 84 615 Dice St. or 5748 Buckhorn Dr. 85 5742 Buckhorn Dr. 86 5736 Buckhorn Dr. 87 5730 Buckhorn Dr. 23-1018-0382.39 88 5724 Buckhorn Dr. all in Royal Oak Estates -Sections 2 and 3, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: ROYAL OAK ESTATES, SECTIONS TWO & THREE A PART OF THE NORTHEAST AND SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, 5T. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS NUMBERED 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 61, 62, 64, 65, 69, 70, 71, 74, 75, 78, 80, 81, 84, 85, 86, 87, 88, 59,91, 92, 93, 94, 95, & 99, AS SHOWN ON THE RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 3, RECORDED OCTOBER 17, 2003 1N THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0367824. LOTS NUMBERED OUTLOT A, 100, 101, 102, 106, 108, 110, 111 & 112, AS SHOWN ON THE RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 2, RECORDED JANUARY 22, 2003 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0303821. SUBJECT TO EASEMENT, COVENANTS AND RESTRICTION OF RECORD. and these lots which have individual tax key. numbers as shown in the table above, and excepting Outlot A included in the above legal description, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies. as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et se ., and South Bend Municipal Code Sections 2-76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 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 seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building def ciencies; or F. The area has experienced a net loss in the number of dwelling uzuts, 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 fords the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real properly tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee_that the area herein described be designated as a Residentially Distressed Area and .hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6=1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Counc : ~ r ~?, jv('.g E`iT-3 Eiu'.t::if '~3`J Lli v' ~r'~ , VV~ta~.Ei/ PRESEN7Et7 ~ ~•.. \ Q" `~ ~i' NOT. APPROV.E~. ~rd~~ 1~ E?~~~(~'~ lQ~f(~~ N OV - 4 2008 JJi~ItJ VQCRDE CITY CLE:RI:, St}. 6END, lPJ. /,DOP7E~ =' 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAX 5741235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR October 23, 2008 Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Tampico Developments, LLC -Crescent Oaks, Section 2 Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Brian Miller of Tampico Developments, LLC. They intend to develop the undeveloped agricultural property into eighty residential lots located within Crescent Oaks, Section Two. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to develop the eighty lots at a cost of $12,290,000. The project meets the qualifications fora (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, November 10, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, ~`~' ~ ~ Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAX: 5741235-9697 5741235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 Fax 574!235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: TAMPICO DEVELOPMENTS, LLC -CRESCENT OAKS, SECTION 2 DATE: October 23, 2008 On October 22, 2008, a petition for residential tax abatement consideration for un-platted real property located approximately `/2 mile south of the intersection of Jackson and Ironwood Roads on the east side of Ironwood (NW '/a, Section 32, T37N, R3E) was filed with the City Clerk by Brian Miller of Tampico Developments, LLC. 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 and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Tampico Developments, LLC of 828 East Jefferson Boulevard, South Bend, IN intends to develop 19.9 acres of agricultural farmland into 80 residential lots. The lots will be located within the proposed development called Crescent Oaks, Section 2. The development will include approximately 3,798 linear feet of public streets, a roundabout, a park and common area and the associated public and private utilities. The homes will be built by Weiss Homes and will range in size from 1,200 to 2,300 square feet and will include basements. The estimated average price of a home is $163,000. Total taxes to be abated during the (5) five-year abatement period on one home are estimated at $10,308. Total taxes to be paid during the (5) five-year abatement period on one home are estimated at $2,022. For 80 homes, the taxes abated would be $662,866 for five years and the taxes paid would be $161,784 for five years. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINA~N,{C~IA~L SC PROGRAM PAMELA C. MEYEA DONALD E. INKS MANAGEMENT 574/235-9660 5741235-9371 ELIZaEETH LEONaAn FAX: 5741235-9697 S74I235-9371 South Bend Common Council RE: Tampico Developments, LLC October 23, 2008 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner, Tampico Developments, LLC, has been associated with or granted the previous tax abatements. Term/Type Resolution No. Date 5 year real property 3352-04 07/12/04 5 year real property 3398-04 10/25/04 5 year real property 3480-OS 07/08/05 5 year real property 3862-08 05/12/08 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 23-Oct-08 TAMPICO DEVELOPMENTS, LLC South Bend Penn Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: _.. STRUCTURE (% AV of cost); 85.0% LAND Value 10,000,_ :. Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value _ .._ .. ¢ $163.0.00, Total Taxes Tax Abated** Tax Paid*** 138,550.00 138,550.00 138,550.00 10,000.00 N/A N/A 148,550.00 138,550.00 138,550.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (35,192.50) (35,192.50) (35,192.50) 65,357.50 55,357.50 55,357.50 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of N/A N/A (55,357.50) N/A 0.00 N/A N/A N/A 10,000.00 65,357.50 55,357.50 10,000.00 4.4984% 4.4984% 4.4984% Gross Tax (tax rate x net assessed value) 2,940.04 2,490.20 449.84 Less State & County Homestead Credit: 0.4538% (296.59) (251.21) (45.38) Tax Due Before Circuit Breaker 2,643.45 2,238.99 404.46 Less Circuit Breaker Credit (581.82) (581.82) 0.00 Net Tax 2,061.63 1,657.17 404.46 Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 1.0000% 1,485.50 1,385.50 1,485.50 0.8815% 576.13 487.98 88.15 2,061.63 1,873.48 1,573.65 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 65,357.50 2,061.63 1,657.17 404.46 2 65,357.50 2,061.63 1,657.17 404.46 3 65,357.50 2,061.63 1,657.17 404.46 4 65,357.50 2,061.63 1,657.17 404.46 5 65,357.50 2,061.63 1,657.17 404.46 5 year totals: 10,308.13 8,285.83 2,022.30 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ***Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE Tampico Developments, LLC 80 lots LAND'` BUILDINGS"" TOTAL Year 1 $1,324 ,$31,033 $32,357 Year 2 1,324 31,033 32,357 Year 3 1,324 31,033 32,357 Year 4 1,324 31,033 32,357 Year 5 1,324 31,033 32,357 Total $6,620 $155,165 $161,785 "'Current tax {evy for the 19.9 acres **Includes 80 houses. a~` ~.~4 ... Y t STATEMENT OF BENEFITS State Poem 27167 (R7 f 12-01j " { ~er• Prescribed by the Department of Local Goverr~rrent Finance --- p trpa °. /' t-II`~~5 Sir C.s'Ia~.a: ~'~6~~sw OCT 2 2. 2068 JGHN VOGRDE FORM sB-~ INSTRUCTIONS: ~ f`tTY CLEt~K, SG. REND, IN. ___j i. This statement must be submitted to the bads designating the economic revitalization r e esfgnating body requires infor- mation from the applicant in making ifs dacisron about whether to designate an Economic Revitalization Area, CJthenvise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and I or research and development equipment, or BEFORE the redevelopment or rehabi/itatlon of real property for which the person wishes fo ctarm a deduction. 'Projects" planned orcommrHed to after July 1, 1987 and areas desrgnated atferJuly 1, 1987 requme a STATEMENT OF BENEFITS. (IC 6-1. i-72.1) ' 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior fo initiation of the redevelopment or rehabilitation, or pnorto installation of the newmanufacturing equipment and! orresearch and development equipment, SEFQREa deduction may be approved. 3. To obtain a deduction, Form 322 ERA, Rea! Esfafe Improvements and ! of Form 322 ERA /PPME and f or 322 ERA t PPR & DE, must be filed with the county auditor. With respect to teat property, Form 322 ERA must be filed by the later of: {7) May i 0; or {2) thirty (30) days after a notice of increase in real property assessment is received from the township assessor. Form 322 ERA I PPME and t or 322 ERR PPR & DE must be tiled between March 1 and May 15 of the assessment year in which new manufacturing equipment and i or research and development equipment becomes assessable, unless a filing extension has been obtained. A person who obtains a filir}g extension must file the form between March 1 and. the extended due date of that year. 4. Property ovmers whose Statement of Benefits was approved after June 30, 1991 must submit Form CF- i annually to show compliance with the Statement of Benefits. (/C 6-1. i-12, f -5.S} 5. The schedules established under IC 6-i. t-12.7-9{d) and 1C 6-7. i-f 2.1-d. ti (e} effective Jufy 1, 2000 apply to any statement of benefrts fried on or attar July 1, 2000. The schedules effective prior to July i, 2000 shall continue to apply to those statement of benefits filed before July 1, 2000.• Name f taxpayer . (alvtntco 1~- Edit.-b~nn~>`r, S,. L...f.C.. Address of taxpayer {street and number, city, state and Z1P code) ~z8 .~A'sT- Sci=>=E2sa,~( [~ovt~varu~, S~-n+ (3E,~,n ~ IN q-C~t-1 Name of contact pe n ~) Q(~t~4r,-- ~it_.t.F~ VtcE P21/s. aF ~P~2R-~ tpn~S V~~.tss ~-~onn~.s, ~nlc. Telephone number (s74) 234 -7373 1. • 'yb "'?":. ~' ~ =:' • • 1 • • • • " • 1 • 1 . - x. Ly.ijty, ~•-+L~±., ic~rt31,. Name of deslgnatin body Resolution number / Sov~'i+ l~~NC> t~MMo(.J C.~p~1r.lUlo Location of property N 1,,J'~4 sEG~ on.l 3Z 137 ~ ~ 3 ~ County ~i ."S~s~t-}- Taxing district ~ N orJ~Nst~S-t P Description of real property improvements acid I or new manufacturing equipment and 1 or ESTIM ATED research and development equipment fuse addilicnal sheets if necessary) Start Rate Completion Date ~~PF1~-Ty 1(Jt~ ~ L~~~l-O PFA f ~0 8 O Real Estate ~~l ?,~•~ t--~.w2pt~. Ser.~c-,t„G -FAMt~`f (u5t0~~T'~l}~., ~°~ S {~I{{.tG(+• {f~tLl• New Mfg Equipment (~~- LoC~1,~v~ WCrF?tn7 Ct?~5~ns~o'R~, SEc~cnJ'T'~ftr2:. ~ R.&DE L faoPo~~ Current number Salaries Number retained Salaries Number addilional Salaries NOTE: Pursuant to 1C 8-1.1-12.1-5.1 (d) (2) the Reat Estate improvements Machinery Research and Developmett2 E uipment COST of the property is confidential. Cost Assessed Value Cost ssessed Value Cost sassed Value Crirrentvalues ~~ 6tr g~ SDI Plus estimated values of proposed project Less values of any property being replaced NA Net estimated values upon completion of project '; t; oq0 00 Estimated solid waste corrverted (pounds) N~ ~ Estimated hazardous waste converted (pounds) jl.t'' Other benefts: j~j j} • ~ _ •. 1 hereb cetti that the re resentations in this statement are true. Signature of aut ized representative Title Date signed (month, day, year) 1;-.~'~ c,-S i~ ~~ C~ L~ VVe have reviewed our prior actions relating to the designation of this economic revitalization area and find that the appplicant meets the general standards adopted in the resotution previously approved by this body. Said resolution, passed under iC 6-1.1-12.1-2.5, pro- vides for the following limitations as authorized under IC 6-1.1-12.1-2. A. The designated area has been limited to a period of time not to exceed `calendar years ~ (see below). The date this designation expires is _ B .The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements; d Yes O N o 2. Installation of new manufacturing equipment; ^ Yes D N o 3, lnstailation of new research and development equipment; D Yes D No 4. Residentially distressed areas O Yes ^ N o C .The amount of deduction applicable for redevelopment or rehabilitation is limited to $ ~~ _____^_ cost with an assessed value of $ _____ D .The amount of deduction applicable to new manufacturing equipment is limited to $ y,~.~__~ cost with an assessed value of $ - E. The amount of deduction applicable to new research and devetopment equipment is limited to $ ___~. ~,_~_ cost with an assessed value of $ ~____,.,~_~ F. Other limitations or conditions (specify] Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reason- abieand have determined that the tofal'rty of benefits is sufficient to justify the deduction described above. Approved: (signature and title of authorized member) Telephone number bate signed (month, day, year) ( } Attested by: ~~. Designated body " if the designating body Limits the time period during which an area is art economic revitilization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under lC 6-1.1-121-4 or 4.5 CITE 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 seq., and South Bend Municipal Code Sec. 2-76 et seQ._~ 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~he importance of the project (use additional sheet for long project descriptions): -_l--~l.Mu_y_ __(~2F-5 t P/y~ i'~ iK.- ~ 1/~E.~,o l~l+V.=.~! s- t ~ SE t...7 ~ r-~ 2. 3. 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 thename of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest /~Mt~tc.o ~EJ~-tJuP~i S,I.IC~ SZS CL~Si ~Et=FE25orJ ~,/p low °~~ 4. The commonly known address of the Property is: ~~ q.~-,4".-t~~ ~~~~--~ and having tax key no.: lid - -~35-- 058y .vZ ~` (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit "A", and is incorporated herein. 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 $ mil, $yr~~ (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office 235-9523) •}G- R~sSF_~s~t~ dF PArz6nn- P~~~- ~tn14 !k T#~ t.ca. #1r ot= ~- Iv3 G~aS~ c°~ sll 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are atiac~ied`~teretd 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 (use additiona sheet for multiple addresses): ~'~-~=~ rat i r~p1.-1r~~A-'-- ~°TS 7~o T _ ~ b 7 = ' 'lc1~l .13 'Pf.1-t D ~-' f3t~t~ ~~ YET r a (3~ ~.•s~SSF_-f1, o ^.4 ~ - I !°~.t 5,95.s.9g City-~-+~ ~.~ti'A-l.~ - '7 5~ . Z.~ (This information maybe obtained from the St. Jose h County Treasurers office 235-9531) `]ST~~ "74~ tNF.aRMRT1on1 t5 Fo2 TA-x. l.iJ. ~ 2(0~1o35-r~SS~,.oZ Wrkc-u- tS ~ S3 Ac,,26S 14. What is your best estimate of the after completion market value of the properly: $ ~3! pQ-Ot Ooh fkSSac-tA-"lD t~u/3t.cc_ A-~~ P~~JA-"r~ c1-r'-t.,t'R~.S. Fb F-S Wt~~- (L4+~G~. !N Std F2a/t/t (,200 -ra Z,3o4 Ste. r'i`'. A-+J,~ 4J~t,~„ t~.JC-WA/~ (3~S,~M~NTS . Estimate the dollar value of the construction project (do not include Land cost): $ !Z ~24~, Oc~o 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition, The building permit 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 o ther a nticipated p ublic f financing for t he p roject, i ncluding a ny a ssistance to b e s ought o r already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Hausing Assistance Office, St. 3oseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: -- 1~O,JF 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 ~es and prevent a normal development of the property: ~ t-t-ts AL~a---~_..M~~•T tc tirf~Lp~t~ l~~E. ~ro t~lar~r=J~uoo,~t~ 1 .a.~a tin/t~~n.r Tt~~- GR-7 1/Jr~tGt-~ ES ~2~Po5,~D T ~- Myt.T-t- 5~i7oi.~ Si+~1Gr-~.- F.4/hi~ (1F_.51p6,-,.sTtA-l.~ y ~ o t/.sro~ +,s p/LbpFh~-~! t~Ci+-S a-n~n1~,c.En ,N~ ~-~ c.rry (~;wFfnl Ig9a-tq°~ ~Na al.A-5 St,vc~ 2E~nA-u.IED VNc>~J~u7P~ A-G-,A_~c.iluT~i2/~ plioPr~~zr-~ +7~ E~Qfa-i ~~~ 1tJI~t~ (a-tfJ 1+J -~4.~ ~I(1p,R.LCh~'~i•.f~. A-~/b S~~•JG, O~~-1.G C.o7`S . 14. The current use of the property is ~G,2lr ~~Til/z~t-- l {~,4c.tt+.ir L,q.,.Jy~ _ and the current zoning is F t (use) and - µ,q,-- (height and area). (This information maybe obtained from the Building Department 235-9553) 15. The property is located in the follawing Allocation Area (if any) declared and confirmed by the South Send Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): ., , 15. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name H~Ci~.JMA~2LU..~ C.~~s~~--~t*~-s, crc-C, , T~~v= S. SP+F2~ /~-t~P Address 75n (,t,.~co~.~/ t/~~i4-~,o Cigsr- City, State, Zip ~a~-t~ ~~ cat 1~ ~-tdoo t Telephone _Gs~4) Z3z- g7~a 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 th qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Owner(s): GIGO ~./Et,.~ PM t S~C~-C B r ,c y' (Signature) ~1~Ct~~S (~,.iC~ *~.1l~i~ 111 1n - _(~2 t ~ ~ !Y t t e.c.F.2 ~~c.~~/ mss, d r ('p,~~v,.1.5/ 0 T ?, C"'~ (Typed or printed name and capacity) W~t~s !~-om~ tN ~~ - ~~ , Property Addresses (Yet to be Assigned) Crescent ®a~Iss, Section 'l,~,vo (Proposed) Lots 32 Address Tax Key #s Basin Street Unavailable for all lots. 33 Basin Street 34 Basin Street 35 Basin Street 36 Basin Street 37 Basin Street 38 Basin Street 39 Basin Street 40 Basin Street or Running Deer Drive 41 Basin Street 42 43 Basin Street Basin Street 44 Basin Street 45 Basin Street 46 Basin Street 47 Basin Street or Balboa Park Avenue 48 49 50 51 St. Charles Avenue or Balboa Park Avenue St. Charles Avenue St. Charles Avenue St. Charles Avenue 52 St. Charles Avenue 53 St. Charles Avenue 54 St. Charles Avenue 55 St. Charles Avenue 56 St. Charles Avenue 57 St. Charles Avenue 58 St. Charles Avenue 59 St. Charles Avenue 60 St. Charles Avenue 61 St. Charles Avenue 62 St. Charles Avenue 63 St. Charles Avenue 64 St. Charles Avenue 65 St. Charles Avenue 66 St. Charles Avenue or Balboa Park Drive 67 St. Charles Avenue 68 St. Charles Avenue or Iberville Drive 69 St. Charles Avenue or Iberville Drive 70 St. Charles Avenue 71 St. Charles Avenue 72 St. Charles Avenue 73 St. Charles Avenue 74 St. Charles Avenue 75 St. Charles Avenue 76 St. Charles Avenue or Julia Street 77 St. Charles Avenue 78 St. Charles Avenue 79 St. Charles Avenue 80 St. Charles Avenue 8I St. Charles Avenue 82 St. Charles Avenue 83 St. Charles Avenue 84 St. Charles Avenue 85 St. Charles Avenue 86 St. Charles Avenue 87 St. Charles Avenue or Balboa Park Avenue 88 Basin Street or Balboa Park Avenue 89 Basin Street 90 Basin Street 91 Basin Street 92 Basin Street 93 Basin Street 94 Basin Street 95 Basin Street 96 Basin Street 97 Basin Street 98 Basin Street 99 Basin Street or Julia Street 100 Basin Street or Running Deer Drive 101 Basin Street 102 Basin Street 103 Basin Street 104 Basin Street 105 Basin Street 106 Basin Street 107 Basin Street 108 Basin Street 109 Basin Street 110 Julia Street 111 Julia Street l: ~_ ~. ~. J,n•~i~3 'ri'y~ ,tC~'~ e The tax key number of the parent parcel is 26-1035-0589.02. Tax key numbers fox the individual lots included within Crescent Oaks, Section Two will be assigned by the County Auditor's office after the Secondary Plat is recorded. F:1ProjectslM7-07841Tax Abasemeniltax abatement -sect 2 -property addresses & tux key numbers.doc EXHIBIT "A" LEGAL DESCRIPTION: CRESCENT OAKS, SECTION TWO (PROPOSED) -TAX ABATEMENT A PARCEL OF LAND BEING A PART OF PARENT PARCEL OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMI~~NCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 NIIN[JTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1363.59 FEET TO THE NORTHWEST CORNER OF CRESCENT OAKS, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0829850 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE NORTH 89 DEGREES 53 MINTJTES 49 SECONDS EAST ALONG THE BOUNDARY OF SAID CRESCENT OAKS, SECTION ONE, A DISTANCE OF 693.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST, A DISTANCE OF 177.14 FEET; THENCE NORTH 00 DEGREES 16 NIINiJTES 57 SECONDS WEST, A DISTANCE OF 125.00 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST, A DISTANCE OF 232.00 FEET; THENCE SOUTH 85 DEGREES 49 MINiJTES 53 SECONDS EAST, A DISTANCE OF 202.56 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 2030.00 FEET AND A CHORD OF 158.81 FEET BEARING SOUTH 14 DEGREES 23 MINiJTES O1 SECOND WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 158.85 FEET; THENCE SOUTH 82 DEGREES 47 MINUTES OS SECONDS EAST, A DISTANCE OF 138.79 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 39 SECONDS EAST, A DISTANCE OF 128.79 FEET; THENCE SOUTH 85 DEGREES 11 MINUTES 32 SECONDS EAST, A DISTANCE OF 50.18 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 57 SECONDS EAST, A DISTANCE OF 270.32 FEET; THENCE SOUTH 88 DEGREES 54 MINUTES 22 SECONDS EAST, A DISTANCE OF 60.01 FEET; THENCE SOUTH 87 DEGREES 44 MINUTES 44 SECONDS EAST, A DISTANCE OF 65.06 FEET; THENCE SOUTH 86 DEGREES 28 MINUTES 34 SECONDS EAST, A DISTANCE OF 60.12 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 110.01 FEET; THENCE SOUTH 02 DEGREES 27 MINUTES 46 SECONDS EAST, A DISTANCE OF 77.59 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 02 SECONDS EAST, A DISTANCE OF 21.27 FEET; THENCE SOUTH 52 DEGREES 15 MINUTES 17 SECONDS EAST, A DISTANCE OF 153.53 FEET; THENCE SOUTH 02 DEGREES OS MINiJTES 58 SECONDS EAST, A DISTANCE OF 68.80 FEET; THENCE SOUTH 35 DEGREES 37 MINUTES 17 SECONDS WEST, A DISTANCE OF 118.24 FEET; THENCE SOUTH 45 DEGREES 42 MINUTES 59 SECONDS WEST, A DISTANCE OF 113.98 FEET TO THE NORTH BOUNDARY OF DEER HOLLOW AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID NORTH BOUNDARY AND THE NORTH BOUNDARY OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT NUMBER 9516217 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1317.09 FEET TO THE SOUTHEAST CORNER OF LOT 31 IN SAID CRESCENT OAKS, SECTION ONE; THENCE THE NEXT FIVE COURSE ALONG THE BOUNDARY OF SAID CRESCENT OAKS, SECTION ONE, EXCLUSIVE OF THE TEMPORARY TURNAROUND EASEMENTS: (1) NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, A DISTANCE OF 130.01 FEET; (2) THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST, A DISTANCE OF 10.93 FEET; (3) THENCE NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, A DISTANCE OF 367.00 FEET; (4) THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 9.51 FEET; (5) THENCE NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, A DISTANCE OF 127.76 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 19.91 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION HEREIN PREPARED BY AARON W. BLANK, REGISTERED LAND SURVEYOR, INDIANA LICENSE NUMBER 20200020, EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, LLC, FOR TAMPICO DEVELOPMENTS, L.L.C., ON OCTOBER 17, 2008. F:\Projects\M7-0784\Survey\Legals\Crescent Oaks, Section 2 -Tax Abatement.doc ~i~~~ f~ ~(~rEs'~ 4ffiC~ ~„~; ~ ~ erg L ~ _~~~~~ a0~i;'J VU~^flL~"c G?TY GIEhK, 50. REPdD, !N. -N i O q r I-037!07 i z-0377.01 I~ 26'103. R u -o~r~ oz~ ~7_--asrr oz -~~ 4 c _ I ` I.~p1 t.-. ~r~ I vze•Im. . B .. :-esn - ~ k ?-19 ° I ~ 1 t 14-1033 I I ~ n. oe.+ V 9 i I I I I a ti F---- F4-t 4 A I 1 i ~ oseo I I t 0380.19 I / 1.3e if-1-l •, ~~IC.anr RO w.nroR SUa e~ + fU+Y ILIZ•~ MIMOR SUB j Z ~ JACKSON 3 RO. 4 1 ~ $6azJ SOUTH BEN - Isar 036x.01 ~' 26-1035 1.10 I I I I I 0392 I I I pe+f I IJ21 ZI ~_ vr-oeeeox +oao I ~~ I n Ll. I s m E•i ® xl < ~ I ~ el ~~ ~ ~ "t .,, o ~ti6 ~ I z ` ^' ro I Oz ' St-rl_. I: o3+z.az off, ~' I° ez so ~' x37 -v ~ I -'U N 1 ~°`~ I : w I n U~SC~~ I s Oh/-~ r 0390 26- 1035 ~ a a.oo r ~~~ I ~Fiu Iszo.s 1_____-_______ __-_~________ C CP~oP~~y" r (~ . '039. I:e~.e__r_ m ------------- _ r------ 1 3+6 - ~ "ate ~ 1$~ ` I 133+.w ~ P 0 ~ 333.3= I a33 -~ ~ ~ ~ ```- ~ ° U -~ a I76e 2e Z u ~ - -I I O ~ry~ •9 I L T = 0397~OZ ~~ O O3f3 I I +0.00 p I 3 I D ~ x R....aCm.+ Zppz KERN I RD. /~/~-~ z°Rrrhnl roar - - ~ . TM[ +10NEL. cWPU1Y -- -- -- /4-B -- - PENN TWP SCALE: I'• goo' !~ ~ SECS. 29 81 32' T.37N. 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DIARIES A]EHIiE s~ ° ]S j I _ - - =' ern E I y'' _,___~__r__,___I___r__ ~_ \\\~ I I ~ ~ _ 1_SS Rl _AWiUE _ I / /'- I 1 ~ 1 1 I p I I I I~ I I i ~ ~' ~ ~ ~ cG I I I [~, SI I` I s~ ° s] tt sx ~ s1 ~ so ~ s9 s se I _ _ _ _ , _ _ _ , ~ "'FFF ~ QIP~i QM'~ i i I e7 • e6 _ I I Imo. _ _. I 1 p,o. ' ° e] i4 d. ~ v § e2 "~ e1 X e9 ~ 79 # 7e ~..z NI ~ I I -___ I ~ 1 I 1 I 1 ~ y y " _ _ _zn _ _ _ _ _ 1 Y I I I I 1 {I {3 4] N 41 I ~ ~e °~ I] ee _ _ _ _ _ _ 1I1 I I `I I I I I 1 I I ~ ~ # 5 e9 ~ 90 tS 91 ,'Q 91 ~ 9] tt 9{ ~ 95 a 96 ~ 97 1 90 ~ 99 ` I I I I I I I I \ I ~ I 1 s ` ~ I ` - eASw sm¢f_ _ _ _ _ eAS1N s7rsE><r / n0 ~ I 1 ` -_-_ _ I ~___r__,___r_ T___I __r__ ~_ I I I I I i I I ~~b. \~ I I ~ I I I I 1 ~ x tl K K K tl k ol_ - _ _ _ 'y, 108 I I I I I I I J1 9 >] 9 ]{ 935 9 b 9 77 9 b 9 ]9 9 M ~ 100 a 101 9 103 9 103 9 10{ 9 103 x 10e x 107 ~ 100 ~,. I I 1 I 1 I 1 I I I 1 I I I I I __ - - - - --- c `o I-. 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Picture 2 _ I,ookl pictures w or locations ~ inus• (fee Exhibit "B f eastern terns CouNTr-Crrr BUII,DING 227 W. JEFFERSON BLVD. SOVrx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 5741235-9216 Fnx 5741235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER November 3, 2008 Mr. Timothy A. Rouse ~ <~~ ~,~ ~ _ ~ ~ _ ~, President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Transferring Dormant Monies in Five Separate Funds to the General Fund Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance transferring to General Fund No. 101 a total of Sixty-Six Thousand Seven Hundred Two Dollars and Eleven Cents ($66,702.11) of dormant monies in five separate Funds and closing out those Funds. The ordinance explains in detail the Funds from which monies are to be transferred and the reason for closing each Fund. The Funds affected by this ordinance are: Build Indiana Fund No. 230 - ($0.33) Redevelopment Bond -Studebaker Corridor Fund No.310 - ($4,551.49) Redevelopment Bond-Century Center Fund No.318 - ($52,770.45) EDIT Bond-Plaza Garage Tax Exempt Fund No. 320- ($3,408.81) Taxable Fund No. 321 - ($5,971.03) I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your assistance. ~i~~ff (~ fI~i`~'~ ~f$g~~ ~ 5 Q08 1 1~0 2 - d'.``!t ;'4qA~~ S~nc~ely, , M. Catherine Fanello Controller JANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR AsSISrANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOCY~ • `r~~t~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING SIXTY-SIX THOUSAND SEVEN IIUNDRED TWO DOLLARS AND ELEVEN CENTS ($66,702.11) IN DORMANT MONIES FROM VARIOUS FUNDS TO GENERAL FUND NO. 101 AND CLOSING OUT THE VARIOUS FUNDS STATEMENT OF PURPOSE AND INTENT Presently the total sum of Sixty-Six Thousand Seven Hundred Two Dollars and Eleven Cents ($66,702.11) exists within various Funds of the City of South Bend. These funds are now and have been dormant for a year or more, and the purpose for establishing each fund no longer exists. It is therefore appropriate and efficient to close out and transfer the balance on hand in each account to the City's General Fund No. 101. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The sum of Thirty-Three Cents ($0.33) shall be transferred from Build Indiana Fund No. 230 to General Fund No. 101, and Fund No. 230 shall be closed because the last Fund activity occurred in early 2006, and no further distributions to South Bend from the State of Indiana are expected. Section II. The sum of Four Thousand Five Hundred Fifty-One Dollars and Forty-Nine Cents ($4,551.49) shall be transferred from Redevelopment Bond -Studebaker Corridor Fund No. 310 to General Fund No. 101, and Fund No. 310 shall be closed because there will be no further activity in this Fund. Section III. The sum of Fifty-Two Thousand Seven Hundred Seventy Dollars and Forty- Five Cents ($52,770.45) shall be transferred from Redevelopment Bond -Century Center Fund No. 318 to General Fund No. 101, and Fund No. 318 shall be closed because it is no longer needed due to refinancing of Century Center bonds in 1998 and use of Fund No. 407 to pay the refinanced bonds. Section IV. The sum of Three Thousand Four Hundred Eight Dollars and Eighty-One Cents ($3,408.81) and the sum of Five Thousand Nine Hundred Seventy-One Dollars and Three Cents ($5,971.03) shall be transferred to General Fund No. I01 from EDIT Bond -Plaza Garage - Tax Exempt Fund No. 320 and EDIT Bond -Plaza Garage -Taxable Fund No. 321 respectively, and Funds Nos. 320 and 32I shall be closed because the Funds are no longer needed due to the refinancing of the Plaza Garage bonds in 2006 and final payment of Plaza Garage expenses in 2007. Section V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Member of the Common Coun' 1 c ' 3 ( 9 :' ~" r ; f ~ City Clerk .~~' S..,~= `' e ,. ~ v 2 .. .. ,. kd'mFS~f tcub~ ysYsi. 5 7 v..7 ~i ~ Presented by me to the Mayor of the City of South Bend, Indiana, on the - day of , 2007, at o'clock _ . m. City Clerk Approved and signed by me on the o'clock . m. 1 L.~L~i~ i ~G~~S'.4N1] 3 rd READING NC~T APPROVEC7 REFcRRED. pASSEQ day of 2007, at Mayor, City of South Bend, Indiana ~~~~lri ~Cl ~$al`~'~ ~~'~€~~ N 0~1 - 5 2008 ,!01~3~ VOORD~ CITY Cl.ERit, 50. RENO, IN.