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HomeMy WebLinkAbout11-23-09 Common Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, NOVEMBER 23, 2009 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITT EE ON MINUTES 5. SPECIAL BUSINESS 09-75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE RICH LIFE AND LEGACY OF THE LATE ENTEE SHINE 09-76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE WINNERS OF THE FI RST ART BILLBOARD DESIGN CONTEST ~~GRAFFITI AGAINST GRAFFITI" 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 57-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PETER ST., COUNCILMANIC DISTRICT 4, IN THE - CITY OF SOUTH BEND, INDIANA 90-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE RUSHTON APARTMENTS AND LOCATED AT 501 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA 87-09 PUBLIC HEARING- ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $450,000.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND NO. 288 FOR THE PURCHASE OF EMERGENCY DRIVER TRAINING SIMULATORS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT 88-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $462,457.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2009 FOR VARIOUS EXPENDITURES 89-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $177,750.00 FROM THE GENERAL FUND (#101) IN 2009 FOR THE OFFICE OF ENERGY 8. BILLS, THIRD READING TIME: BILL NO. 87-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,. INDIANA, APPROPRIATING THE SUM OF $450,000.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND N0. 288 FOR THE PURCHASE OF EMERGENCY DRIVER TRAINING SIMULATORS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT 88-09 THIRD READING ON A BILL. OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $462,457.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2009 FOR VARIOUS EXPENDITURES 89-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $177,750.00 FROM THE GENERAL FUND (#101) IN 2009 FOR THE OFFICE OF ENERGY 9. RESOLUTIONS RTT~T~ NO. 09-71 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA 09-60 A RESOLUTION OF CITY OF SOUTH PETITION OF THE FOR THE PROPERTY STREET THE COMMON COUNCIL OF THE BEND, INDIANA, APPROVING A AREA BOARD OF ZONING APPEALS LOCATED AT 616 N. ST. PETER 10. BILLS, FIRST READING BILL NO. 91-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $123,135 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM 92-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9924-09 TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) 93-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TEMPORARILY TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY PENDING RECEIPT OF PROPERTY TAX DISTRIBUTION 94-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,. AMENDING ORDINANCE N0. 9863-08, WHICH FIXED NON BARGAINING EMPLOYEE WAGES IN 2009, TO DEFINE FULL AND PART-TIME EMPLOYEES 95-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2009 OF $158,850 FROM GENERAL FUND (#101) 96-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2009 INCLUDING $38,169 FROM WATER WORKS SINKING FUND (#625), $86,700 FROM SEWER INSURANCE FUND (#640), $100,000 FROM SEWAGE WORKS OPERATIONS FUND (#641), $35,000 FROM PROJECT RELEAF FUND (#655), AND $269,172 FROM CENTURY CENTER FUND (#670) 97-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2009 98-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 INCLUDING $156,000 FROM RECREATION- NONREVERTING FUND (#203), $22,100 FROM CENTRAL SERVICES FUND (#222), $170,000 FROM LOSS RECOVERY FUND (#227), $4,000 FROM EAST RACE WATERWAY FUND (#271), $1,191,779 FROM EMS/FIRE CAPITAL IMPROVEMENTS FUND (#288), $135,000 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND (#377), $32,200 FROM COVELESKI STADIUM CAPITAL FUND (#401), $281,150 FROM PARKS NONREVERTING CAPITAL FUND (#405), $32,775 FROM CONSOLIDATED BUILDING DEPARTMENT FUND (#600), $639,500 FROM WATER WORKS CAPITAL FUND (#622), $758,950 FROM SEWAGE WORKS CAPITAL FUND (642), $58,200 FROM PROJECT RELEAF FUND (#655), AND $552,450 FROM CENTURY CENTER FUND (#670) 99-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 INCLUDING $356,770 FROM GENERAL FUND (#101),$498,853 FROM PARKS & RECREATION FUND (#201), $999,850 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $1,845,726 FROM LOCAL ROAD AND STREET FUND (#251), $1,170,500 FROM COUNTY OPTION INCOME TAX FUND (#404), $523,800 FROM CUMULATIVE CAPITAL DEVELOPMENT FUND (#406), AND $469,200 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) 11. UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1. BILL N0. 13-08 - REZONING - 1302 HIGH STREET 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CTTY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE RICH LIFE AND LEGACY OF THE LATE ENTEE SHINE ~1ce~,~ecca, the Common Council of the City of South Bend, Indiana, is very humbled to honor and publicly recognize the rich life and legacy of the late Entee Shine, who passed on the October 30, 2009; and ~1~n~aaa., Entee "TNT" Shine was a 3-yeaz vazsity basketball player at South Bend Central High School who won All-State honors as a senior in 1950, was the Team Captain, was named the "Outstanding Player of the Year", led the Central Bears to a 26-2 winning record and scored 372 points his senior year; and ~lcr~P,cre, the Common Council of the City of South Bend, Indiana, is proud to recognize that after his graduation from Central, Entee Shine became the ls~ African-American to be a player on the Notre Dame football team during his freshman year; and °,ii~eaa, University of Notre Dame Athletic Duector Moose Krause recruited Entee aver to basketball where he became a member of the 1951-1952 Notre Dame Basketball Team; averaged 5.5 points per game, and became the ls` Black to earn a varsity letter in basketball at the University of Notre Dame; and ~~eao, Entee Shine transferred to Tennessee State and was later recruited by the Harlem Globe Trotters Basketball team but was drafted into the U.S. Army where he was named to the all Fifth Army Team at Camp Atterbury and the second team All-Army at Camp Carson in Colorado; and ~oca; C-~~.~e~xe, G~ it~~eaoGrsen,! by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends, honors, commemorates and celebrates the life of the late Entee Shine for his many lasting contributions made to our community as an outstanding athlete and as a kind, generous, and gentle person. Section II. The South Bend Common Council notes that Entee Shine was a dedicated teammate who was deeply respected at South Bend Central High School and the University of Notre Dame, who excelled athletically and personally as he pioneered new paths in higher education and athletics; and later went on to work for the City of South Bend Water Works and at the South Bend Tribune. Section III. On behalf of the City of South Bend, Indiana, the South Bend Common Council extends its deepest sympathy to his daughter, Robin Shine, and the many relatives and friends of Entee Shine; and hope that all will be enriched by the many wonderful and ever-lasting memories which Entee Shine has left behind for all of us to cherish. 'The South Bend community will be forever grateful for his life of dedicated service, his kind and gentle demeanor, and for the many athletic outstanding achievements. Section IV This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 1"District Henry Davis, Jr., 2" District Thomas LaFountain, 3` District Ann Puzzello, 4 District Dr. David Varner, 5 District John Voorde, City Clerk Oliver J. Davis, 6"' District Al "Buddy" sits, At Large ,, ~ ,~, ~~ Timothy A. se, At Large Kazen L. White, At Lazge Kathleen Cekanski-Farrand, Council Attorney (~y"^"""' !~"° _ ~ o`C~/1o~vemGen, 2009. Stephen J. Luecke; Mayor of South Bend RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE WINNERS OF THE FIRST ART BILLBOARD DESIGN CONTEST "GRAFFITI AGAINST GRAFFITI" Whereas, the Common Council of the City of South Bend, Indiana, notes that the City of South Bend Weed & Seed Alliance (SBWSA), and the Community Policing (COP) Committee held their fast art billboard design contest; and Whereas, the contest "Graffiti Against Graffiti" let students in grades 8 - 12 from area high schools within the weed and seed area create and design a billboard with the theme of "Graffiti Against Graffiti"; and Whereas, the Community Oriented Policing Weed and Seed Committee addressed the graffiti issue by the following 1. The problem: Most graffiti while being a personal expression of art are mostly gang related and foul language, being done on personal property. 2. The objective: To develop a community of diverse cultures, working together to create safe and pleasant neighborhoods targeting the Northwest neighborhood. The committee recognizes that graffiti is a valid art form and believes it can be expressed in a more positive and legal way. 3. The project: The contest involves creating an original design and slogan or logo utilizing the graffiti style to depict one of two messages. The picture and slogan can illustrate the negative (devalue property, time and money to property owners to clean) or positive effect (use as an art form with permission from property owners, advertisement and ethnic murals) on a neighborhood and community. Whereas, the South Bend Common Council is proud to recognize and honor the five winners of the fast "Graffiti Against Graffiti" and their teachers namely; 1~` Place Sarah Rudasics god Place Lydia Horban 3rd Place Curtis Bethel III 4`h Place Danielle Wildes 5`"Place Charlie Pehling Clay High School Clay High School LaSalle Intermediate Academy Clay High School LaSalle Intermediate Academy Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and honors the above listed students and their teachers for being the top 5 winners in the first "Graffiti Against Graffiti" contest. Section II. The South Bend Common Council looks forward to seeing the winning billboards which will be on display in prominent locations in the Weed and Seed area for one month. The winners also receive certificates and art scholarships to the South Bend Art Museum. Section III. This resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, ls` District Oliver J. Davis, 6`° District Henry Davis, Jr., 2°° District Thomas LaFountain, 3`° District Ann Puzzello, 4`° District Dr. David Varner, 5'° District Attest: John Voorde, City Clerk Timothy A. Rouse, At Large Al `Buddy" Kirsits, At Large Karen L. White, At Large Kathleen Cekanski-Farrand Council Attorney ,4dapted this 23id day ajNwember 2009 Stephen J. Luecke, Mayor ~~~ ~ ~ ~~ ~ - ~ ~ ~~1 w ORDINANCE N®. AN ORDINANCE AI691ENDING THE ZONING ®RDINANCE FOR PROPERTY LOCATE® AT 6~6 N. ST. PETER ST., COUNCILNIANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The rezoning is to rezone from SF2 to MF1 for uses allowed in MF1 district. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly. known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot numbered five "5" as shown on the recorded plat of Sorin's Subdivision of Lots numbered 30, 31; and 32 in Ed~:rard Sorin's First Edition tc the TC~Yn cf Lowell, now within and a part of the City of South Bend, Recorded May 5, 1873 in the Office of the Recorder of St. Joseph County, Indiana, in plat book 3, page 23. be and the same is hereby established as MF1 Urban Corridor Multi Family District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Counc~ P Attest: City Clerk ~~tting t~~ ~°~is ~~[~ i~ o;~ly `<~ ~~ovi~~ ~n ~pp~rtun~`~~ air p~~l~ h~~~~~ ~. Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, Indiana ~€1~~ ~~ ~t~rk'~ ~~fa~~ AEG - 5 2009 J~;~'lN ~l~~RCE Date Filed Application No. Date Filed Application No. Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 616 N St Peter St South Bend, TN 46617 2) Name and address of property owner(s) of the petition site: Stephen Dragovich 616 N St Peter St South Bend, IN 46617 574-340-8269 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from S F '~. to MF 1 5) This rezoning is requested to allow the following use(s): Uses allowed in multi family district 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) a list of names and addresses of all property owners and tl~e tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. ~ \~ n PETITION PREPARED BY: Stephen Dragovich 616 N St Peter St South Bend, IN 46617 sdragl @hotmail.com x 'EXEC oC~ CONTACT PERSON: (If different) AREA PLAN COMMISSION. PUBLIC HEARING PROCEDURES ~I~~CLS ~I~ 1.RE.~a5~t'~C9~ ~ill~~ au~ - 5 2009. JDtiP11lQ0~fiDE Cl~1` Gt.~RiC, St?. BE3dD, !N. ~Ir~'~G9F1Z'~A.~'~y `.'. i, 2845. r .~a~~-~~.. - p Tn Trip, ]~O:T,T~OI~\TI:.1V(U :177~;SCflZL3.l_:Il Ft7?.AI, T:ST~1'7's ~/\ TN S'1'.TOS.I~;P"T:T CC1Li.N'1.'}', STAJ:1; 0]?' TND7t1TT~1, TO-~~rIT~ ~~~ ~~ i Lo+, Numbered 5 a.s shovrn on the recorded plat of ~orin~s Sub-clivisicn of Lots numbered 30 31 and 32 in 3orin~s First Addition to the Town of Lowell, now within end a part of the City of South Lend, \~ J E. So P. aan, ..,.. 77^ n ni,,,a..~ ,o.=~ c~. c a •e ia~ S 1601 ;o ~ 'y 3 ~~ A ~~ r. r 3 Z /, ^ ~ S ^oa©~ n~~~~ fi%~ ~a. The opposite map is a copy of the original iJnited Sta yes Survey a.s ai~pears in Field Look ilo. 1 in the office of thy; Surveyor of 3t. ,7osephCounty, Indiana. The opposit= mapAis taken from 2 map of St.Tosep'n County, published in the year 1863, by 1Tilton @I. 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't. ~ -3T fSp ,.fa .~ - b ie1 T' ° ~ _• I _ j ~ _ t °d - ~ '..~%'Nh t..+~ %., -t. 1 ~; I^~ l ! ^, 7 ~ ~ { 4 ~o' 4 .~.4i y ~ f ~. + L4 4 ~"~, 4~ ,..; q r 4 N 4 +[Tt 4 !°~ 4 ~ 4f 4 ar ~ ~~ ~ ~ ,. e p"nt[ o '~, - ~` #~ 3. 't<c. aKJ .~., c r -. ~ ~"f r (N ~ '<"" j ()!} ~ tme Date Printed; July 27, 2009 .1 t lz4t v~~ Y. }4 .~~4 - y- .s ar ,( hw ~ -'~i \ t ~ m ~ 'Y9•m t~ •' tm ;t .'~ ;.I "s`_ ~ q.1ot PhofographY:Spring 2002 t Nt I S-- ,'"~ r~ r -~"'~at'i -''tyo ~Y ~s i>~~' ~. ~ .~ ~ ., ~~-`.. 3~s" Y j. Prepared by: ~i `~ `r ~`4 t - ?¢ °Ft ~r ~ ~ 0 3 ~' 3J •~+-~` f f 4 ~ o' ~, Sl. Joseph County Office of GIS _ i { _,0 1.~ t~ .rte '° .. _ +~.E, jj",t,~. \~r"'e ~,z, . _ ,~S ^^- w ~Z 227 W. Jefferson Blvd. • %d ~ ` ~ s ~~'r + ~~ _ •-, ~- ;'~' .n~ --~"~ .. tv SGUth Bend, Indiana 46601 01 6 24-06a0• ;' -.~ ~ 'F. -- > - '- - - _ .. «`"' - ]01018-6026-0894 ':. ..+ 018-6026-0921 ..- .. --: - " r ~ _ 018-6026-0878 018-6025-0879. O18.6026-08~24 ~a~ •. 018.6026-0920 - 019-60~ 22 018.6026-09275 S ' Ph One: (574) 245-6583 - ~ ~~~~~` to ",.y { i. - ~J 018-6026-087.7 018.6026-0880018-6026-088 0184026.0887 018-6025-0886018-6026-0886 cels County Parcels MAILIN Rec PARCELID NAME_1 MAILINGADD MAILINGCIT 1NG GZIP PROP_ADDR / 816 SUU7H BENC WAY EMMA 816 South Bend Av South Bend IN 46617,AV. 1 018-5031-1106 BROAD 2 018-5031-112601 LEGACY SQUARE DEVELOPMENTtLC 621 Notre Dame Ave South Bend I N 3 018-5031-1110 GROSS & COHEN NOIRE DAME LLC 374 Old Montague Rd Amherst MA LIVET AFRICAN 4 018-5031-1116 METHODIST EPISCOPA & CHURCH 719 N Notre Dame Av South Bend IN 5 018-5032-1154 WENS HEATING COMPANY 1115 Fremont South Bend IN 6 018-5032-1155 -BLUE & GOLD HOMES LLC 51524 BRIGHTON CT Granger IN 7 018-5032-115601 AJP REAL ESTATE GROUP LLC PO Box 232 Mishawaka IN RUST NUMBER 753 SOUTH BEND AVE 8 018-5032-1156 AUDREY RICHARDS TRUSTEE 753 South Bend Av South Bend IN ORTHEAST NEIGHBORHOOD 9 018-5032-1153 REVITAL- RATION ORGANIZATION INC 803 Lincon Way W South Bend IN ARCELLO I 'SALVATORERND ~ I--- r....i~, o.....~ IIAI 621 NOIRE DAME 46617 AVE VAC LOT 18 ALMOND 1002 CT. VAC LOT 17 ALMOND 46617 CT. 46628 743 SOUTH BEND AV 46530 749 SOUTH BEND AV SOUTH BEND AV 46617753 SOUTH BEND AV 46616741 SOUTH BEND AV dRR1717~5 Sr~RIN 10 01$-bU31-IUyJ IVIHKIJH ----" - 1 1 018-5031-110401 FEINGOLD RICHAR STANLEY 1011 E DonmoyerAve South Bend IN 4661 4 813 SORIN 1 2 018-5031-1127 EGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 617 NOIRE DAME AVE 13 018-5031-1126 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 VAC LOT 33 SORIN 14 018-5031-1125 ZIMMER WILLIAM L & JULIA A 18075 Roosevelt Rd South Bend 1N 46614 VAC LOT NOIRE DAME AVE 15 018-5031-1104 KIMBLE CARL J & ANNA 840 N Ironwood Dr South Bend IN 46615 819 SORIN VAC LOT 33 NOIRE 16 018-5031-1124 WILLIAMS GILBERT L JR 1205 CAMPEAU ST South Bend IN 46617 DAME 17 018-5031-1099 NVNG LLC 812 E LaSalle One South Bend IN 46617 618 N ST PETER 18 018-5031-1121 UNIVERSITY OF NOIRE DAME DU LAC 224 PLANNER HALL Notre Dame IN 46556 713 N NOIRE DAME AVE 19 018-5025-0867 GROSS & COHEN NOIRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 802 SORIN 20 018-5025-0869 GROSS & COHEN NOIRE DAME II LLC 374 OI Montague Rd Amherst MA 1002 810 SORIN 21 018-5025-0870 GROSS & COHEN NOIRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 814 SORIN 2 018-5025-0871 HARRIS VELMA J 8 18 SORIN ST South Bend I N 3 018-5025-0872 TTON LE ROY JR. AND HELEN J. 53307 Peggy Ln South Bend I N 4 018-5025-0873 BETSIAFA PATRICIA ANN & DOUGLAS K 224 N Sunnyside Ave South Bend I N !5 018-5025-0874 GROSS & COHEN NOTRE DAME II LLC 374 Old Montague Rd Amherst MA ?6 018-5025-0875 OVER ROSIE L*SEE TRANSFER NOTES* 834 E SORIN South Bend IN ?7 018-5024-0846 G1LLI5 PETER F III 318 N Lafayette Blvd South Bend IN 28 018-5025-0876 GROSS & COHEN NOTRE DAME 11 LLC 374 Old Montague Rd Amherst MA 29 018-5031-1097 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 30 018-5035-1239 HILL BERLEANE 729 South Bend Av South Bend IN 31 018-5031-1117 COLLINS KATHALEEN 812 Almond Court South Bend IN 32 018-5031-1118 REESE JOHN & OTHA L 51545 Autumn Ridge Granger IN 33 018-5031-1119 WILLIAMS GILBERT L JR 1205 Campeau South Bend IN 34 018-5031-1120 FLOWERS KEITH 20801 Roosevelt Road South Bend IN 35 018-5031-1103 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst ME 36 018-5035-1238 DOUGLAS CLINTON III PO Box 8265 South Bend IN LEGACY SQUARE I ,, l l u,.,~,~~io In 46617 818 SORIN 46635 822 SORIN 46617 826 SORIN 1002 828 SORIN 46617 834 SORIN 46601 719 MINER 1002836 SORIN 1002630 N ST PETER 46617 729 SOUTH BEND AV 46617 812 ALMOND 46530 816 ALMOND 46617 820 ALMOND 46614 824 ALMOND CT. 1002 606 PETER 46660 727 SOUTH BEND AV Fn521 fi23 SORIN 37 015-5031 -11Yy Utvcwnw~rv i ~~~. ~~ ~ ~,u,~,~,..~ . ...------ 38 018-5031-1093 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst M A 1002 609 ST PETER 613 NOTRE DAME LEGACY SQUARE 39 018-5031-113001 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 AVE 40 018-5031-1102 GROSS & COHEN NOTRE DAME LLC • 374 Old Montaque Rd Amherst M A 1002 610 PETER 716 SOUTH BEND 41 018-5035-1249 HOLMER THOMAS 716 South Bend Av South Bend IN 46614 AVE. 718 SOUTH BEND 42 018-5035-1250 JDS PROPERTIES LLC 17642 PARRISH CT South Bend IN 46635 AVE. 43 018-5031-1092 GROSS & COHEN NOTRE DAME LLC 374 Old Montague Rd Amherst M A 1002 613 ST PETER GROSS & COHEN 44 018-5031-1101 NOTRE DAME LLC 374 Old Montaque Rd Amherst M A 1002 614 N ST PETER OUSING AUTHORITY 724 SOUTH BEND 45 018-5035-1251 OF SOUTH BEND 501 S Scott St South Bend I N 46613 AVE 732 SOUTH BEND 46 018-5035-1252 FAIRMONT HOMES P.O Box 27 Nappanee I N 46550 AVE EDNEGO ALEX & SOUTH BEND-VAC 47 018-5035-1237 LEOMI 5023 Selkirk Dr South Bend I N 46614 LOT AV ATERNOWSKt PHILIP 705 NOTRE DAME 48 018-5031-1122 C & CAROLYN 21387 Mays Dr South Bend I N 46628 AV. 49 018-5031-1123 J ZIMMER WILLIAM L & ULIA A 1 8075 Roosevelt Rd South Bend I N 46614 629 NOTRE DAME 50 018-5031-1089 BUMBACA FILIPPO 1707 So Bend Ave South Bend I N 46637 740 SOUTH BEND AV 51 018-5031-1098 SCHIRRIPA ANTHONY AND THERESE A 2123 Riverside Dr South Bend I N 46616 626 N ST PETER NORTHEAST NEIGHBORHOOD 52 018-5032-1152 REVITALIZATION ORGANIZATION 803 Lincolnway West South Bend IN 46616 739 SOUTH BEND AV TURNOCK-VACANT 53 018-5035-1243 MADISON CENTER INC 403 E MADISON ST South Bend IN 46617 LOT ST VAC-ADJ TO 740 S 54 018-5031-1090 RLC INVESTMENTS LLC 38 S Blaine St Hinsdale IL 60521 BEND AV 55 018-5031-1096 RLC INVESTMENTS LLC 38 S Blaine St . Hinsdale IL 60521 812 SOUTH SEND AV 814 SOUTH BEND 56 018-5031-1105 ROBINSON DAVID A 814 South Bend Av South Bend IN 46617 AV. NEIGHBORHOOD REVITALIZATION ORGANIZATION INC% SOUTH BEND 57 018-5035-1240 HERITAGE FOUNDATION 803 LWW South Bend IN 46616 731 SOUTH BEND AV NORTHEAST (NEIGHBORHOOD ' REVITALIZATION ORGANIZATION INC% SOUTH BEND 58 018-5035-1241 HERITAGE FOUNDATION 803 LWW South Bend IN 4661 6 705 TURNOCK ST VAC LOT ALMOND 5 9 018-5031-1107 BROADWAY EMMA 816 South Bend Av South Bend IN 4661 7 CT. O VET AFRICAN 6 0 018-5031-1113 ETHODIST AND EPISCOPAL CHURCH 719 N Notre Dame Av South Bend IN 46617 719 NOTRE DAME AV 6 1 018-5031-1130 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 605 NOTRE DAME AVE 62 018-5031-1094 MANTA MARIO E 50929 Mulholland Dr South Bend IN 46628 605 N ST PETER WRIGHT SAMUEL LEE 63 018-5031-1091 %CUSTOM MASONARY Po Box 11645 South Bend IN 46634 617 ST PETER DRAGOVICH 64 018-5031-1100 JOHN`MISC 314 E Peashway South Bend IN 46617 616 N ST PETER `tt"t ~~~~~~~ ~~ ~ ~~~ - 5 2009 ~- ~ ~r..z,~ ~ ~,~ t«. ZEft 14Ft 3 l - r ~ d ~ h 2 Car Detache [361 Sq ft} ~ ~ ~ 19ft ,:~ I I 1- lft 15 ~ 1 - 1 I ti ~ I' t _ ---- ____ l µ 1 I t 1 ~' 1 1 I '~ 1 1 1 1 1 I i 1 I 4 1 1 1 1 ~ , 1 ~ I I n 1 I 1 1 f 1 ! 1 i 1 y ~t_IGcr4= 1 I t 1 1 1 1 1 r 1 1 ~ r :x -F' f 1 1 yl 1 1~ I 1 ~~~o~~~~ ~~ ~4~~~~0~~ _.,.EFt 5~•Ft According to aerial photos, the front lot line runs along the east side of the sidewalk. The residence is set back approximately 18' from the West, front lot line and sits approximately 42.5' from the East, rear lot line. The residence is set approximately 20.5' from the North, side lot line and 8' from the South, side lot line. ~~ ~~ ~6cStT• ~° S~' tkV~. ~iI~E~t~c'~ ~~~~~~ AUG - 5 2009 ,ip;;Fl ~IQQ~4E Gl~'Y GLE4____~K: d~Q• G~ South Bend and St. 3oseph County IFII~'I'®I~IC I~I~~~IZVA'TI~I~ C®1VIli'IISSI®1~1 227 WEST 3EFFERSON BLVD. SOUTH BEND, IN 46601-1830 Phone:574-235-9798 Fax:574-235-9578 e-mail: SBSJCHPC@co.st-joseph.in.us Timothy S. Klusczinski, President A Certified Local Government Catherine D. Hostetler, Director November 2, 2009 South Bend Common council 455 County-City Building 227 West Jefferson South Bend, IN 46601 Dear Members of the Council, Please find the attached Ordinance which has been prepared for introduction to the Common Council. The purpose of this ordinance is to establish the property at 501-503 West Washington Street, The Rushton Apartments, as an Historic Landmark. The described real estate is referenced as Tax Key Number 018-1023-0966. At its public hearing on October 19, 2009 the Historic Preservation Commission recommended designation of this property to. the Common Council. A copy of the Staffs favorable review and recommendation regarding this property are also enclosed. Respectfully Submitted, Catherine`D. Hostetler, Director ~` y e~ w~~~~ ~~~s~~ I-~~~~4i~ ~6L ~~£.r3 t: o P+a wr ~0\i - ~ ~`C~~ „r, CITY GIE~'<, moo. P,~ntp, !P!. COMMISSIONEIdS Sandra L. Rossow Terry A. Niezgodski (Treasurer) Lynn Patrick (Vice President) Linda Riley (Secretary) Todd Zeiger David Sassano (Architectural Historian) ~Q~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE RUSHTON APARTMENTS AND LOCATED AT 501 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT In 2005, Historic Landmarks Foundation of Indiana ("H L F I") was named Receiver of the Building and Site known as the Rushton Apartments, located at 501 West Washington, in the City of South Bend, Indiana, (the "Property" or the "Rushton") and have petitioned the Historic Preservation Commission of South Bend and St. Joseph County (the "Commission") to Have the Property designated as a Historic Landmark pursuant to South Bend City Ordinance No. 5565-73, as amended. The Property is located within the West Washington National Register District and is recognized in the Indiana Historic Sites and Structures Inventory of South Bend with a rating of "Notable" meaning that the property is above average and that further research may reveal that the Property is eligible for National Register listing and is a contributing building to the West Washington National Register District. 71 he staff of the Commission has prepared a report and recommendation for the Commission, which has reviewed the petition of H L F I and the report prepared by the staff and has heard and discussed the reconunendation of the staff for the designation of the Property as a Historic Landmark. Based on the Commission's Local Landmark Criteria adopted by the Common Council, the Property meets three of the criteria for Local Landmark Status: I) Its embodiment of elements of architectural design, detail, material or craftsmanship which represent an architectural characteristic or innovation; The Rushton is an excellent example of aturn-of-the-century Neo-Classical design and retains a high level of architectural integrity. At the time of its construction it was an innovated residential concept found in other cities but not yet in South Bend. It was one of South Bend's first "high rise" apartment buildings. The structure is rated "notable" in the Indiana Historic Sites and Structures Inventory of South Bend and is a contributing building to the West Washington National Register District. 'Z) Its suitability for preservation; The Rushton has significant original exterior architectural integrity. Recent architectural studies have concluded that the building can be converted to modern living standards and that it is in sound structural condition. 3) Its identification with the life of a person or persons of historical significance; The Rushton is associated with South Bend developers John and Edward Rush. The Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Property as a Historic Landmark and for delivering a recommendation to the Common Council, and following the public hearing, the Commission has given its favorable recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. 5565-73,~as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Designation. The structure and real property known as the Rushton Apartments and located at 501 West Washington Street, in the City of South Bend, Indiana, shall be and hereby are designated and established as a Historic Landmark pursuant to Ordinance No, 5565-73, as amended. That such designated and established Historic Landmark is more particularly described as: Parcel I: A strip of land 3 feet wide and 94 feet long, being a part of Bank Out Lot Numbered Twenty-four (24) of the First Plat of Out Lots of the Town, now City of South Bend,, platted by the State Bank of Indiana, and described as follows, viz: Beginning on the West line of North William Street, at a point 100 feet North of the North line of West Washington Street, being the present Southeast corner of said Out Lot; thence running North 3 feet; thence. West 94 feet to a private alley, 6 feet wide; thence South 3 feet; thence East 94 feet to the place of beginning. Parcel II: Apart of Bank Out Lot Numbered Twenty-four (24) of the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, which part is bounded by a line running as follows, viz: Beginning at the Southeast corner of said Out Lot being the Northwest corner of Washington and William Streets in said City; thence running West on the North line of Washington Street 50 feet; thence North 100 feet; thence East 50 feet to the West line of William Street; thence South on the West line of William Street 100 feet to the place of beginning. Tax Key No. 18-1023-0966 Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor according to law. ~-I~.-~ . ~--~,, Member of the Common Cou i1 ATTEST: ~F~r F"; :~tl.`i:Sr k.r' h7: s-, `ors n. ~?,e~yQ E:I f~! ~+4U11G14 ~u~il ~f~ 1~1ia I~^~8~ ~-~' . City Clerk Presented by me to the Mayor of the City. of South Bend, Indiana on the day of 2009, at o'clock _.m. City Clerk Approved and signed by me on the day of , 2009, at o'clock .m. Mayor of the City of South Bend, Indiana ~u~~.~~: Nrar~~yc rc! °E~~?s's~G ~~~',CT i~,PP?C~JE~ 't'~~~212ED Pk55cD 1 ;~~~j - 4 2009 u~;i! ~fow'r',f~ ,s ,., s':, ~,.. ~ ~:..~ Proposed Local Landmark Rushton Apartment Building 501 W. Washington South Bend, Indiana Historic Preservation Commission of South Bend and St. Joseph County September 23, 2009 ~iEe ~~~;-~ ~ ~~~E~e I~OV - ~ 2GC9 ac4,r~ voo~ce czrv cL~~,r., sc. ~z~p, i~. Rushton Apartment Building 501 W. Washington Historical Context This four-story apartment building known as The Rushton vas built in 1906 by John and Edward Rush. NIr. John Rush made his living in real estate. He and his brother, Edward, built the Rushton as a family residence and hotel complete with its own cafeteria. John Rush co-owned the building until his death in 1940 at age 80. Edward Rush was born in 1871 and vas also in to real estate. He was the treasurer of the Fidelity Land Company. Edward retained ownership of the structure until his death in 1944, after which, it vas placed in a trust controlled by John's three children. The Rush heirs owned the property until 1972 when it was sold to Dennis Emery who rented out the various units until 2000 when he sold it to Indiana Land Trust. During the ftrst years of its existence the Rushton vas home to various real estate agents, clerks, managers and lawyers. The 35 original units did not contain kitchens as a common dining room was located in the lower level for tenant's use. Historic Landmarks Foundation of Indiana was named Receiver of the Building and Site in 2005. The Rushton is a neo-classic style building with unusual glazed brick masonry exterior. It is a contributing building in the West Washington National Register District. At the time of its construction, it vas the tallest residential building in the city and remains today the tallest structure in the W. Washington National Register District. The building anchors a key intersection of the district and provides an important connection between the downtown and the adjacent residential structures. It is the only building with its combination of style and design in the ~Ylest Washington district. Architectural Description The Rushton is a four-story Neo-Classical style apartment building. It has a rectangular plan, a flat roof with metal parapet coping, one over one double hung windows with limestone sills. The east and south facades have wood frame bow windows with supple metal cornices and one over one double hung wood windows all supported on a limestone base. The brick masonry exterior walls axe accented with limestone quoining, brick dentils and decorative limestone door surrounds at the front door and east entrance. The front entrance surround is carried out in a simple craftsmen style. The exterior brick is a unique variegated orange color with a fired glaze finish. The first floor contains a recessed porch entrance support by decorative brick piers with an eyebrow cornice and brackets on each side, concrete step and concrete floor and foundation. There are two stairs leading to the lower level Recommendation Based on the Historic Preservation Commission's Local Landmark Criteria's adopted by the Common Council, the site and structure at 501 W. Washington has been recommended to the Common Council for designation as a Local Landmark by the Historic Preservation Commission of South Bend and St. Joseph County. The Building and Site meet three of the criteria for Local Landmark Status: 1) Its embodiment of elements or architectural design, detail, material or craftsmanship which represents an architectural characteristic or innovation; The Rushton is an excellent example of aturn-of-the-century Neo-Classical design and retains a high level of architectural integrity. At the time of its construction it vas an innovated residential concept found in other Cities but not yet in South Bend. It was one of South Bend's first "high rise"apartment buildings. The structure is rated "notable" in the Indiana Historic Sites and Structures Inventory of South Bend and is a contributing building to the W. ~~lashington National Register district. 2) Its suitability for preservation; The Rushton has significant original exterior architectural integrity. Recent architectural studies have concluded that the building can be converted to modern living standards and that it is in sound structural condition. 3) Its identification with the life of a person or persons of historical significance The building is associated with South Bend developers John and Edward Rush. ('' ' ~ ~~ ~- ~~'r.~' ~ r ~•~ ~ ~ [ ~. Ji { i` 1' ~ ~f I~ ~ C .}'. Legal Description: Parcel I: A strip of land 3 feet wide and 94 feet long, being a part of Bank Out Lot Numbered Twenty-four (24) of the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, and described as follows, viz: Beginning on the West line of North William Street, at a point 100 feet North of the North line of West Washington Street, being the present Souutheast corner of said Out Lot; thence running North 3 feet; thence West 94 feet to a private alley, 6 feet wide; thence South 3 feet; thence East 94 feet to the place of beginning. Parcel II: Apart of BOL 24 of the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, which part is bounded by a line running as follows, viz: Beginning at the Southeast corner of BOL 24 being the Northwest corner of Washington and William Streets in said City; thence running West on the North line of Washington Street 50 feet; thence North 100 feet; thence East 50 feet to the West line of William Street; thence South on the West line of William Street 100 feet to the place of beginning S McPHERSON ST x 0 3 1 .A cO, _ ., 162-163 S LAUREL ST -~_' N,`, 'I ~ . ~'. -:186 S CHAPIN ST ~ ~ r z~ tl m (~;+ z w~ tl t ~ ~ ~4 ~ cn r bra S '-I 1: -~-~ j~wP''kf '" t ~ i.-,~ O 1 ~ 5 -~ ~~iti 1 Z ~ ~ ~~ l.U ~i~k. {h'lr w`~ ~L HIV ~, m 201 202 ~ ,~ 203 ~,a~043205~ ° " k :::5. S SCOTT ST ,_. -.~ 164-167a ` 1;91 ;194 `1> ~ .-~• - ~ -ten =~;. 1 4 .,, ~`"''_ 1 X15 1~,97~~~- ~ ~,.. -~~t GpRFIELD CT V? 1, Jz 1 S 1 t' ' 2QG 1`~Q9`' '~. ~~ u. 5 IATWK 51 2?6 ~ • u, 227 234' 2.35 238 -` ~O ~ ~~' 128 130. ~' 239 ~ 240 244= 245 Z48 rn S WILLIAM ST ~ w', 251'; 1 '~ { 1 m W - ' N ~ W «252 ~ 254, y FRANKLIN PL ., ,.. w " 255 -~ -; .p ~ ,. ~; v, .. ~. 256 ""260 1.,,::.:. _ r :,-: S LAFAYETTE BLVD "?- -26.1.-"_.°. w --, r, .: ~ i 11. 26Z 263, o S MAIN ST ~. ,.' ~~~ v-A ~~, . - L N SCOTT ST ~s ;r,~_~1 s'N l y-, ~4.Ti~<,u r ~~ ~ rr~ "-2 a ~-. . rt O v J P'r CD CD ~~ r-t O. n a C~ r-t Fem.. !"'' ~~ N O O 1 t .. w W N h1AIN ST 1~~ ~~ {~~~ ~ ~`~5 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $450,000.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND NO. 288 FOR THE PURCHASE OF EMERGENCY DRIVER TRAINING SIMULATORS 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 $450,000.00 to provide Emergency Driver Training Simulators. The grant will be used to obtain Emergency Driver Training Simulators for the Fire Department. The City of South Bend is required to contribute 20% of the total project cost, or $90,000.00, and the U.S. Department of Homeland Security is contributing the remaining 80% of the cost, or $360,000.00. NOW, THEREFORE, BE 1T ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I: The following sum of $450,000.00 be and hereby is appropriated from Emergency Service Capital Improvement Fund No. 288 for the purpose of purchasing Emergency Driver Training Simulators to be used by the South Bend Fire Department pursuant to a U.S. Department Homeland Security grant, of which 80°!0 ($360,000.00) is the federal share and 20% ($90,000.00) 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. Member of the Common CdYuncil Attest: ~ t' R a ~,p _ '%At~l4 0 err' ~, ~ ~~2v F:^ ^'~ ~~ . ~„~~ t V:idl.i ..~ Ea: i.'.5ec~ aa, _'.€ E,:. ":i: is 1 i~ ~;hl~S r',:,ys l,:'~: ~~i^f ~^ai r......i;t*9 /(w~;ryry , ~± y .. ~SeF~jb,:il Glf:7i1'3t 1E:t r:li~ iv J~IS~,+.p City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock ~ . m. City Clerk Approved and signed by me on the day of o'clock . m. t 51` i:Ei-:vii'~G ~ ~ v~v~ P~~~IC ~'iEi~~~~ly 3 rd ~2EF~f31,dG f~IOT /,~?°GV~~. 2009, at Mayor, City of South Bend, Indiana ~i1~~ 11 ~t~t~~'y p~~€~~ lVLl1~ti~ _ Q ~~~v5 ~,~iY4a ~1~1~;i~ i<EEERRE4~ PASSE®. 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. Li3ECKE, MAYOR DEPARTMENT OF PUBLIC ~ORI~S GA1tY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS November 4, 2009 Mr. Derek Dieter, President ~~~~ ~~ ~~'....~~ South Bend Common Council 227 West Jefferson Blvd. South Bend,1N 46601 Re: Ordinance to Appropriate Monies from Loss Recovery Fund (#277) Dear Mr. Dieter: This is to request appropriation of some of the MTBE settlement funds that were deposited in the Loss Recovery Fund (#277). There are two projects. The first is $ 165,000 for replacement of spent granular activated carbon in our water treatment GAC units that protect the public water supply from threats from groundwater contamination. This is a firm bid price. This is a priority one use of the fund. The second project is $40,000 for sampling, testing, and a closure report for an unknown UST that was found during the demolition of the former Studebaker Museum. The proper closure report requires more field verification and reporting. In addition, the Loss Recovery Fund desires to reimburse Water Works for $257,457.00 in expenses related to the MTBE Lawsuit incurred during 2004 through 2007. I will be present to explain this Ordinance. Regards, ~~ "~! ~~~~ ~~~ Gary A. Gilot, P.E., Public Works Director cc: The South Bend Common Council Mayor Stephen J. Luecke Controller Gregg Zientara. Office of the City Clerk ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL. LITZ'RELL, P.E. JOHN J. DII,LON, PH.D. 1VLY1 1 CI-ILEBOWSKI 574/235-9251 574!277-8515 574/235-9316 FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 ~f~~t~ X11 C'I~E"~:' a ~f~[~@ N011 - 4 2009 JAHP1 VOCRCE CITY CLEAN, 80.8Eh~, IN. STREETS SAM HENSLEY 574/235-9244 FAx 574/235-9272 WATER WORKS Joxrr F. STANCATI 574/235-9322 FAx 574/235-9728 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $462,457.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227)1N 2009 FOR VARIOUS EXPENDITURES STATEMENT OF PURPOSE AND INTENT On December 8, 2008, the City of South Bend Common Council passed Ordinance No. 9890-08 which established the Nonreverting Loss Recovery Fund (#227). The purpose of the fund is to receive compensatory or exemplary damage payments from third parties arising from loss or damage to City tangible or intangible property. The City has received payments to date of $4,540,562.00 in this fund due primarily to the settlement of a MTBE contamination lawsuit. The Board of Public Works has identified $165,000.00 in necessary expenditures for granulated activated carbon for Water Works and $40,000.00 for services related to sampling, testing and a closure report for unknown UST that was found during the demolition of the former Studebaker Museum. These expenditures are eligible for appropriation in this fund. In addition, the Loss Recovery fund desires to reimburse Water Works for $257,457.00 in expenditures related to the MTBE lawsuit incurred during 2004 through 2007. The purpose of this ordinance is to establish the 2009 budget for the Nonreverting Loss Recovery Fund (#227) in the amount of $462,457.00. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I: The following sum of money is hereby appropriated in the fiscal year 2009 and ordered set apart from and within the Nonreverting Loss Recovery Fund (#227) for expenditures as follows: 2009 T e of Ex enditure Bn.~d et Supplies $165,000.00 Professional Services 40,000.00 Reimbursements 257,457.00 TOTAL 2009 BUDGET X462,457.00 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Co{~incil Presented by ine to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock _ . m. ,n ry?9 w'2~1ue54~ ~~e 6~i:i.3 F,Sai s'':: ~GtFe`. .. v. ....+y 5X71 ~~f.~ul.~4~Gis~' fba' ~~asy,Ssi e'.~,,.,.E~ ~~'6d ~ltll~i3 ciy~~F~ ~~ l9f~s =~~jL"va. City Clerk Approved and signed by me on the day of o'clock . m. ~ ~~~~`~ 1 s4 READING p~BliC FiEAR'T~iG 3rd READING N07 APPRC)VF~ REFERRED. PASSED 2009, at Mayor, City of South Bend, Indiana ~~p~/ - 4 2009 `'%ta UG~F:~E . ~.,, - CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS November 4, 2009 Mr. Derek Dieter, President South Bend Common Council 227 West Jefferson Blvd. South Bend, IN 46601 Re: Energy Efficiency and Conservation Block Grant -strategy development appropriation Dear Mr. Dieter: This is to request appropriation of some of the federal formula direct Energy Efficiency and Conservation Block Grant (EECBG) under ARRA. Federal Stimulus program. South Bend is allocated $ 1,046,000, but was limited to phase 1 of $ 250,000 or less to develop an Energy Efficiency and Conservation Strategy (EEGs) which is due January 18, 2009. We are requesting appropriation attached to cover professional services to help the 50 plus member Green Ribbon Commission meet this deadline and to retain an Energy Director to have input to the plan and lead role in implementing. This is funded 100 % by the federal stimulus under the Energy Efficiency and Conservation Block Grant. Our strategy is due to DOE by January 18 and then we get to appropriate and use the balance of the $ 1,046,000 grant. The Energy Director position will focus on reducing the $ 6.8 million per year we spend on energy in city government. After two years of grant funding the position will self fund out of energy savings. The program is modeled on the success in Ann Arbor and is coached by the Cities for Sustainability of which we are a member. The EECS will address community wide energy saving, cost saving and carbon footprint reduction. I will be present to explain the program. Regards, ~~~ ~ ~ ~ Gary A. Gilot, P.E., Public Works Director cc: The South Bend Common Council ~- ' ~~~j~ Mayor Stephen J. Luecke ~ ~E~~ ~s~ ~y~e~ `" Controller Gregg Zientara Office of the City Clerk ~p~ - 4 2009 (('~~' tilting:. ,yVfl11 ~C ~'!1'jt Department of Public Works Engineering Water Works Central Services Streets Environmental Services Gary A. Gilot, Director Carl P. Littrell, P.E. David Tungate Matt Chlebowski Sam Hensley John J. Dillon, Ph.D. 574/235-9251 574/235-9251 574/235-9322 5741235-9316 574/235-9244 574/277-8515 Fax 574/ 235-9171 Fax 574/ 235-9171 Fax 574/ 235-5595 Fast 574/ 235-9007 Fax 574/ 235-9272 Fax 574/ 277-89$0 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $177,750:00 FROM THE GENERAL FUND (#101) IN 2009 FOR THE OFFICE OF ENERGY STATEMENT OF PURPOSE AND INTENT The City of South Bend has secured a $250,000 federal Energy Efficiency and Conservation Block Grarit (EECBG) from the National Energy Technology Laboratory for the initial strategy development phase of an energy conservation plan. The initial strategy development phase must be completed within 120 days, at which time the City will be eligible for additional EECBG funding of $1,045,800 to implement the strategy. With tr~is grant assistance, the City of South Bend wishes to establish a new high-level Office of Energy, seeking to reduce energy consumption costs citywide from $7 million to $5 rrtillion annually. The purpose of this ordinance is to establish the 2009 budget for the Office of Energy as a separate department in the General Fund NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I: The following sum of money is hereby appropriated in the fiscal year 2009 and ordered set apart from and within the General Fund (#101) for expenditures as follows: 2009 Type of Expenditure Budget Personnel costs (two months) $ 15,000.00 Office supplies 1,500.00 Contractual services 154,250.00 Capital equipment 7,000.00 TOTAL 2009 BUDGET X177.750.00 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerlc Member of the Common Council ~ 4 '~ ~ ~ ~ <:: tr' A^ F'ti a :~ - t.' c .Z , I C ' js~~ l,~~~~Gr~C'i M t.>~.. ,y, 1t r., . ..z~,ti;v,F. Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock - . m. City Clerk Approved and signed by me on the day of o'clock _ . m. 2009, at Mayor, City of South Bend, Indiana ~ l-~.~ ~ 1st ~EAQIt'aG PLcLI~ f++~Y.P•lNG 3 rd ~EA~Et'SG Iti.GT („~PRO.i~F, RErER~E~ .. PASSE ' ~..;,:::~~ `-~ -' ~^~' ~.~~•.> ..a....................,~_..-~ ~ r,,~,'.1 - ~+ 20G9 ~ ~ ~~ f.F........w._. _. ~._.._.. .,...,~._ MICHAEL J. DANCH, L.A. RON HARNER, P.S. ~~< « Land Surveyors Professional Engineers Landscape Architects Land Planners ~- 0~-1 Honorable Members of the City of September 15, 2009 South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for Fulton Land & Building Company for property located at 4050 Ralph Jones Drive, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located at 4050 Ralph Jones Drive, 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 Toll Road Industrial Park. If you have any questions concerning this matter, please feel free to give me a call at 234-4003: Sin erely, Michael J. Danch President Danch, Harper & Associates, Inc. File # 090163 Md. "C" ~o~s+~~ ~ ~,i~14~~L Fii~~ l~ SEP 1 5 2009 10~ri ~SO 6EN4, tit. 1643 Commerce Drive South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 5741234-4003 s 8001594-4003 e Fax 5741234-4119 ofFce 2691471-3010 a Fax 2691471-7237 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT (4050 RALPH JONES DRIVE, 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 Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA) in order to permit: The approval of a Special Exception as allowed under Section 21-04.01(2)(E) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 186,600 square feet which exceeds the maximum allowed outside storage area of 10,812 square feet (i.e. 20% of the existing building area of 54,059 square feet) for property located at 4050 Ralph Jones Drive, South Bend, Indiana per Section 21-04.01 (2) (E) 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 Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Cierk. 2 SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; 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 Area Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~ ~~~~ Member of the Common Council Q~~l~s~'m's! a~ ~~4`s.15iv ~~~ C:v ~~ ~Il ~11~ 6SS11~, l~;~o',i. ~ ~I~ ~G3~.z i~~vrl'lj '~. ~~~~d t~ ~1~~°~'~ ~f~i~e SEP 1 5 2009 JAt9y Vt1Qr~E: C!1'Y Gt~~K, S0. S~P~:~, !~!. AREA BOARD OF ZONING APPEALS NO. FILED_ NOTIFIED , 20 HEARING APPEAL Applicant's Name: FULTON LAND & BUILDING COMPANY Phone 968-3222 Address: 340 COLUMBIA STREET, SOUTH BEND, INDIANA 46614 Address of Property: 4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA 46628 Present Zoning of Property: "LI" LIGHT INDUSTRIAL DISTRICT Owner's Name: FULTON LAND & BUILDING COMPANY Phone 968-3222 Address: 340 COLUMBIA STREET, SOUTH BEND, INDIPSIA 46618 20 20 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address:, 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AP.EA BOARD OF ZONING P_PPEAZS FOR ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of .erecting, occupying, building, addition at 4050 RALPH JONES DRIVE, SOUTH BEND, INDIANA 46628 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A) Special Exception Request: PARCEL "A": A) Approval of a Special Exception as allowed under Section 21-04.01 (2) (E) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 186,600 square feet which exceeds the maximum allowed outside storage area of 10,812 square feet (i.e. 20$ of the existing building area of 54,059 square feet) for property located at 4050 Ralph Jones Drive, South Bend, Indiana per Section 21-04.01 (2) (E) of the City of South Bend Zoning Ordinance, and the following Variance Requests: VARIANCE REQUESTS: 1). A Variance from the requirement of providing paved outside storage areas and drives adjacent to said outside storage to using gravel for said areas. 2 2). A Variance from the requirement of providing Type "B" landscape screening of outside storage areas and providing perimeter landscape deciduous trees at a minimum spacing of 40 feet on-center along the East, North,. West and South property lines to providing no additional perimeter landscape deciduous trees and to using the existing vegetation as screening and landscaping along the South property line. 3). From the required screening of outside storage areas with a ornamental, solid wall, architectural screen, masonry or similar fence with an open space of less than 30~ including entry/exit gates made of materials compatible with the fence, supplemented by a Type "B" Partial screening along the North, East, South and West property lines to the following: Along the North line of the proposed outside storage area, an eight (8) foot high vinyl-coated chain link fence and a minimum of eight (8) evergreen trees having a minimum height of six (6) feet on a six (6) foot high landscape berm spaced as shown; including additional deciduous shrubs and small trees grouped also as shown on said berm. Along the East and South property lines - an eight (8) foot high chain link fence and existing landscaping, and along the kTest line an eight (8) foot high vinyl-coated chain link fence used with existing landscaping and six (6), six-foot evergreen trees as shown. 4) A Variance from the requirement that all outside storage shall not exceed the height of the screening fence to being allowed to have storage exceed the height of the proposed described eight (8) foot high chain link fence by a maximum of 6 feet (i.e. height of stored equipment and materials being a maximum of 14 feet). Property is presently zoned "LI" Light Industrial District. The Petitioners are the owners 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 "LI" Light Industrial District. The Petitioners have been the owners of the property for the last several years. The Petitioners have been approached by the City of South Bend working with a contingent purchaser, who desires to acquire the petition site. The, contingent purchaser is the Ziolkowski Construction Company. The City is working with Ziolkowski Construction to relocate them from their present facility on Lafayette Blvd. and on Franklin Street to the petition site. This relocation is part of the City's development of "Ignition Park" which is the City's proposed nanotechnology campus. The petition site is a good fit for Ziolkowski Construction as it provides a site large enough for their corporate offices and storage requirements for their equipment and materials. The contingent purchaser met with the City's Building Department Staff to discuss the relocation to the petition site. Based on review of the present City Zoning Ordinances, the Petitioners would be required to 3 have approved a Special Exception for outside storage and for variances from developmental standards of the "LI" Light Industrial District to allow flexibility in screening of said storage areas and the use of gravel instead of pavement. More specifically, the Petitioners are requesting approval of a Special Exception as allowed under Section 21-04.01 (2}(E) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 186,600 square feet which exceeds the maximum allowed outside storage area of 10,812 square feet (i.e. 200 of the existing building area of 54,059 square feet) for the petition site. Ziolkowski Construction as part of their construction business has a need for outside storage of their construction equipment and construction trailers as well as construction materials. The "LI" industrial District limits this outside storage to 20~ of the existing building square footage. This amount of area would not allow for enough room for their equipment and materials. The amount of outside storage for Ziolkowski varies, depending on the number of projects and which equipment is needed on the construction site. They believe approval of this Special Exception along with their proposed screening of the outside storage would not be detrimental to any surrounding property. The Petitioners and contingent purchasers would ask the Board Members to agree that approval of the Special Exception to allow for additional outside storage as shorn 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 Petitioners are requesting, is to be allowed to use a gravel surface for the shown outside storage areas and adjacent drives instead of pavement. The Petitioners and contingent purchaser would state that using gravel allows for flexibility in placement of materials and access to the materials. The truck vehicles that deliver the materials and their associated weight would require that the outside storage areas and drives be paved with an extra heavy-duty pavement which requires an increase in pavement thickness as well as an increase in base material. This is an extremely high cost for an industry that is very sensitive to items that increase the cost of the final product and services provided to their clients. The contingent purchaser has been using gravel for a large portion of the existing outside storage areas at their present facilities, and has found that they can maintain the areas easily and that it allows for better site drainage and it keeps their maintenance costs down. This keeps any excessive costs from being 4 passed onto the client. The Petitioners would state that in the areas of the main drives parking bays; they have paved those portions, which are visible from the public street frontage. The Petitioners would hope that the Board Members would agree that approval of the use of gravel for this particular industrial use in the areas shown, would not be detrimental to any surrounding property or have an adverse affect on said properties. The second Variance request is from the requirement of providing Type "B" landscape screening of outside storage areas and providing perimeter landscape deciduous trees at a minimum spacing of 40 feet on- center along the East, North, West and South property lines to providing no additional ,perimeter landscape deciduous trees and to using the existing vegetation as screening and landscaping along the South property line. The Petitioners and contingent purchaser would state that along the main frontages of William Richardson Court and Ralph Jones Drive, they plan to keep the existing dense over-story deciduous trees and the existing landscaping in the East and South setback yards. They also plan to place a six-foot high landscape berm with evergreen trees and small shrubs along the north line of the outside storage area and construct an eight-foot high vinyl-coated chain link fence on the North and West perimeter of the storage area. A galvanized eight-foot high chain link fence would enclose the remaining East and South perimeter of the outside storage area. The Petitioners and contingent purchaser believe keeping a large portion of the existing landscaping with the addition of the above described improvements, meets the intent of the perimeter landscaping requirements of the ordinance and approval of this Variance would not adversely affect any adjacent owner. The third Variance request is from the required screening of outside storage areas with a ornamental, solid wall, architectural screen, masonry or similar fence with an open. space of less than 30~ including entry/exit gates made of materials compatible with the fence, supplemented by a Type "B" Partial screening along the North, East, South and West property lines to the following: Along the North line of the proposed outside storage area, an eight (8) foot high vinyl-coated chain link fence and a minimum of eight (8) evergreen trees having a minimum height of six (6) feet on a six (6) foot high landscape berm spaced as shown; including additional deciduous shrubs and small trees grouped also as shown on said berm. Along the East and South property lines - an eight (8) foot high chain link fence and existing landscaping, and along the West line an eight (8) foot high vinyl-coated chain link fence used with existing landscaping and six (6), six-foot evergreen trees as shown. The contingent purchasers propose to place a six foot high landscape berm along the north line of the outside storage area with evergreen trees placed on the berm and supplemented with small deciduous shrubs. There will also be an eight (8) foot high vinyl-coated chain link fence, which will provide required security for stored equipment and materials. The proposed landscaping and six. (6) foot high berm should provide a visual barrier between the proposed outside storage area and the 5 frontage street of William Richardson Court. Along the East and South property lines, the proposed fencing should provide adequate security and the existing on-site vegetation and trees with the existing vegetation and trees on the adjacent properties, should create a suitable visible barrier that can be maintained. Along the East property line, the existing warehouse building has no windows facing towards the proposed storage area, so no negative impact will be created along this line. On the South line the adjacent property is also wooded and the existing facility has their delivery area and outside storage facing towards the petition site. Again, there should be no negative impact created by approval of the requested Variance. Along the West line, in addition to the security fence, the existing trees and vegetation should help mitigate the view into the storage area from Ralph Jones Drive. The Petitioner and contingent purchaser also propose planting additional evergreen trees to provide another visual barrier from the street looking towards the portion of the building being used for deliveries and trash dumpsters. The last Variance request is from the requirement that all outside storage shall not exceed the height of the screening fence to being allowed to have storage exceed the height of the proposed eight (8) foot high vinyl-coated chain link fence by a maximum of 6 feet (i.e. height of stored equipment and materials being a maximum of 14 feet). The Petitioners and contingent purchaser would state that most of the equipment that would exceed the height of the proposed fencing would be kept along the South side of the storage area. The front portion of the storage area would be used for materials, which would exceed the proposed fence height infrequently. The proposed landscape berm with evergreen trees should help with mitigation of the view into the storage area from William Richardson Court in addition to the 170-foot distance the storage area is from the street pavement. The equipment and materials would also be difficult to be seen from Ralph Jones Drive, as the distance from the street is approximately 350 feet. As mentioned above, the view into the storage area from the East from the existing building is minimal as no windows are along the West side of the Warehouse building, and from the South the only view to the storage area is through the existing trees from the adjacent property owners storage and delivery area. The Petitioners and contingent purchasers believe approval of this Variance would not have a negative impact on the adjacent industrial sites. The Petitioners believe that approval of the above Special Exception and Variances for this proposed and existing use will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. The Petitioners would ask the Board Members to agree that approval of the above described Special Exception and Variances will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contend that the strict application~of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and Special Exception are sought: that the need for the Variances and Special Exception arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the Petition for the Variances and Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community . I attest, under the penalties for perjury, representations are true. Michael J. Danch President Danch, Harner & Associates, Inc. that the foregoing '~~ g~.'y .. .. "`. 1 .:: ~. S ~~ ^a~'w;i5~ Ott ^:l ~{.~`. ~~-,~. `,_S Propel y Owners Within 300 Feet ulton Land and Building Co 40 Columbia St outh Bend, IN. 46601 ax Key # 025 1013 021107 Fulton Land & Building Company 340 S Columbia Place South Bend, IN. 46601 Tax Key # 025 1013 021201 Jade Elephant Holdings LLC 25800 Trestle Creek Ave Mattawan, MI. 49071 Tax Key # 025 1013 021111 rustees of the Plumbers & Pipe fitters Local No. 172 172 Ralph Jones Ct outh Bend, IN. 46628 ax KPV# m~ 1n1~ n~111:~ 3 Realty Investments LLC X85 Ralph Jones Dr outh Bend, IN. 46628 ax Key # 025 1013 0223 ~n Habas 322 N Lafayette Blvd outh Bend, IN. 46617 ax Key # 025 1013 022201 rivet Essential Facilities X Inc .O.Box 4900 cottsdale, AZ. 85261 ax Key # 025 1013 021609 Michiana Midget Motors Inc 3735 William Richardson Dr South Bend, IN. 46628 Tax Key # 025 1013 021112 Direct Channel Inc 3431 William Richardson Dr South Bend, IN. 46628 Tax Key # 025 1013 021221 Mmc Leasing LLC 3953 Ralph Jones Dr South Bend, IN. 46628 Tax Key # 025 1013 0221 AE Pistons Inc C/O Avti 251 W Garfield Rd Ste.287 Aurora, OH.44202 Tax Key # 025 1013 0218 Omga Inc. 3705 William Richardson Drive South Bend, IN. 46628 Tax Key # 025 1013 021120 Lawco Ltd 3985 E Harrison Decatur, IL. 62526 Tax Key # 025 1013 0222 Trivet Essential Facilities X Inc P.O.Box 4900 Scottsdale, AZ. 85261 Tax Key # 025 1013 021605 --®---.~ ~i'la~ ts~ ~~;~€`~'~ ~~ft~~ SEP 1 5 2009 e{dki~~ ~~i ~.~~ AREA BOARD OF ZOI~Il~dG APPEALS 125 S. Lafayette Blvd. Suite 100 -South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 October 8, 2009 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 Fulton Land & Building ABZA 10/7/09 Dear Council Members: The above referenced petition of Fulton Land & Building was legally advertised on September 20, 2009. The Area Board of Zoning Appeals gave it a public hearing on October 7, 2009, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Matthys and unanimously carried, the petition for Special Exception from the maximum allowable 10,812 square feet to 186,600 square feet for outside storage on property located at 4050 Ralph Jones Drive, is sent to the Common Council with leTo Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel ~~ Charles C. Bulot Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS FULTON LAND ~ BUILDING COMPANI' FINDINGS OF FACT COMMUNITY MORAOSTANDARDIS, CONVEN ENCE OR GEN RAL WELFARE BECAUSE:ETY, COMFORT, The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and inconclusive. Therefore, the Board is of the opinion that the Council would be in a better position to hear further clarification and more evidence on this petition. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: ~ TED AND THEDLAND USE SAU OHORIZED THEREIN BECAUSECTER OF THE DISTRICT IN WHICH IT IS LOCAT 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHEIJSIVE PLAN BECAUSE: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with NO RECOMMENDATION. ADOPTED this 7th Day of October, ?009 YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ABSENT JACK YOUNG JACK HICKEY AsssNT ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN ~r~~ ~I~n ~®r>ftmi~~i®n ®fi ~~. J®~~ph ~®~nty 11 ~Q Cet!nIy-amity Building sotith Bend, indiana 466Qi John W. Byorni Executive Director Larry P. Magliozzi Assistant Director _. - - - - Fax 574 235-9813 Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan September 30, 2009 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 1ZE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday October 7 2009. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances: A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) the use and valve of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) the strict application of the terms of this Chapter would result in practical difficulties in the use of the property Chapter. 3. The petition of Timothy W Gordy and Yvette D Gordy. The Staff recommends denial of the requested variance for an accessory structure without z primary structure. If the lots were combined in a replat, the variance would not be needed. 6. The petition of.lVIary Jane Herbster and Rodney McBride. The Staff recommends approval of the lot size and frontage variance for Parcel 1. The Staff recommends denial of the frontage variance for Parcel 2. Granting the frontage variance for Parcel 2 defeats the intent of the Agricultural District in maintaining large, appropriately spaced parcels. The Staff recommends that Parcel 2 become an outlot, or that Parcel 2 be combined with Lot 1 Buckles Minor in a new 2 lot minor subdivision. g. Tlne petition of Starlight Care Center, LLC. The Staff is not in favor of a one foot setback without a maintenance easement being granted by the adjacent owner. A one foot setback leaves little room for maintenance without trespassing on the neighboring property. 9. The petition of Huffaker Enterprises, Inc and Coanpany G. The Staff recommends approval of the 0 foot setback on the east and south side of the existing building at the comer of Oakside and Main Street. The Staff also recommends approval of the landscaping variances. Since the building is built to the lot line, there is no room for any landscaping on the east and south sides of the building. ~ / a~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~ .v ,,. .. t,, The StafF recommends denial of the 0 foot setback for the two existing houses. The existing situation, as shown on the site plan, places the houses at 18.2' and 16.x' from the front setback. The Staff recommends that the variances be granted at the existing setbacks of 10.2' and 16.8' respectively. If there is a time when the houses no longer exist, any new buildings would have to be built to the standards of the current zoning code or have new variances approved at that time. Sppecial (Exce~tionl TTse: A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the (St. Joseph County and City of South Bend) Comprehensive Plan. 10. The petition of Dave Snyder and Dr. Jaanes Harris and Dr. Holly Harris. The Staff recommends denial of the Special Exception for a two family dwelling. Any structure designed and built as a duplex is out of character with the neighborhood. The Staff would note that there are other methods to accomplish the petitioner's goal without establishing along-term use that compromises the integrity of the neighborhood. The granting of the proposed Special Exception would appear to be in violation of the above standards number two and three. 11. The petition of CGC Holdings, LLC, First Christian Church of South Bend, IT~I, Inc. and Good Shepherd li~iontessori School. The Staff recommends approval of the Special Exception for off site parking. The property containing the off site parking is currently part of the overall church property, but will continue to be used for parking for the church building. It is the Staff s understanding that the parking will continue as long as the school is in operation. The standards for granting a Special Exception appear to be met. 12. The petition of Fulton Land ~ Building Coffipany. The Staff recommends approval of the Special Exception for exceeding the maximum allowed outside storage area. The area to be used is surrounded by large industrial uses which will not be affected by the storage area. The Staff recommends approval of the variances which allow a practical application of the standards. The standards for granting a Special Exception appear to be met. Sincerely, ,_ [~ ,~ a Nayder ~~ Planner `~ Area Board of Zoning Appeals -September 2, 2009 ~~1~ ~~_ o~-b~__._~ STEPHEN DRAGOVICH The petition of Stephen Dragovich seelcing a Special Exception to allow a group residence for up to five (5) unrelated people in a "MF1" District, on property located at 616 N: St. Peter Street, Portage Township. Zoned "MF1". MR. KIMMEL PASSED OUT MAPS TO THE BOARD MEMBERS AT THIS TIME MR. 3EFF KIMMEL: 218 W: Washington Street, Suite 600, South Bend, Indiana. I'm an attorney and I am speaking on behalf of Stephen Dragovich who's here with me today and he filed the petition himself. What we're seeking here in this petition is for a Special Use variance that would allow Stephen to rent the home that he owns at 616 N. St. Peter Street. Steve has lived in that house for eight years. This is a house that has been in Steve's family for three generations. His grandparents lived there. His mother was raised there. His father was a Notre Dame student many, many; years ago and rented part of the house where he met Steve's mother and Steve purchased the property from his father about eight years ago. Steve's father has passed away and this used to be a family neighborhood and it was zoned that way. But what I've passed out here is some maps of the area and the one house that we have highlighted in the red there in the sea of yellow is Steve's house. And the fact is, a general visual of what the neighborhood is like today. Steve lives there, doesn't rent to anyone. Currently all the houses you see in yellow are being used as rental properties. The upper left hand corner, the property just across South Bend Avenue, that was a group home that opened up just a couple of years ago I believe owned by the Madison Center. To right and just to the south of that is a large apartment building. Just south of that is a vacant lot directly across the street from 616 N. St. Peter. Below that is a home but it is used for student rental. I don't know, the zoning may be single family, but it's grandfathered in as a boarding house and it's owned by Kramer Properties and it's used for student rentals as is the house directly south of that. The third house to the south across the street from Steve is also a rental property owned by a different individual. Going over on the map on the same side of the street where Steve lives all the way to the north, MF1, a large apartment. South of that a rental property. South of that next door to the north of Steve, student rental. Below that for the next three houses, all student rentals. The house on the very south of the street has been abandoned for several years and the house to the right of that is no longer standing, that's been demolished and there is a large construction project under way and we don't know the exact nature of it but it's certainly not for a single family use. Down along the south of Sorin Street those are just_the properties that Steve marked that he knows for absolute certainty that are student rentals that we think there are probably more of those as well. So I know this came out of or come to you with an unfavorable recommendation but I don't think the staff realized what the demographics were here when they made that recommendation. And I hope they would change that upon consideration of what we're dealing with here. I think the main reason for the unfavorable recommendation up to this point goes back and it's sited here as a 2003 a Northeast Neighborhood council or plan to revert this back to single family residences. That is idealistic but it's unrealistic. These properties are being used as rentals and it's never coming back as single family. Steve's been there for eight years and since he's been there two apartments have opened. There's a new construction project coming up behind him for more multi family, multi use, multi resident purposes. A group home has opened up. He doesn't enjoy living there anymore and for the Board to deny him the right to do what everybody else around him is doing, would be to ensnare him and entrap him there and that would be grossly unfair given the fact that he's not someone who's come in from out of town and looked for this property. This 38 Area Board of Zoning Appeals -September 2, 2009 is three generations of his family and it's time to leave and that's all he wants to do. And he can't afford to do that because the value of that property, the way it's zoned right now is practically nothing. No single family would want to purchase and live in the midst of that and the rental value would be very small as well so we're . hoping that you will, that the staff will change their recommendation and you will pass this onto the Common Council with a favorable recommendation because he's really hung on. He's the last of the Mohicans here and it's just it would be grossly unfair if you stick him there. MR. URBANSKI: Area Plan would you like to respond to your recommendations? MS. NAYDER: The main difference between this proposal and the houses that have been grandfathered or have been legal non-conforming uses, is that the legal non-conforming uses have the potential to go back to being single family homes where this is a permanent situation. Once they rezone this and do the Special Exception then it will always be zoned that way and have the Special Exception attached to it. The property to the east which is the, which shows up as a PUD, that is like a condo townhome. We have not received a final site for that property so it's still in a pending situation. The property is currently zoned "SF1". It under the wa~ to rezoning or a petition has been filed to have it rezoned to "MF1". It is on the agenda for the September 15t Area Plan Commission meeting however we have not gotten the ownership clear title yet. So just to make sure that these two go together if you give a favorable or unfavorable recommendation that it is contingent upon the "MF1"rezoning because without the "MF1"rezoning you can't even have an apartment in "MF1". I just wanted you to know they would be combined. MR. PHIPPS: Christa, the neighboring uses are because of previous zoning? MS. NAYDER: No they're not from previous zonings, they are ones that have proved that they've had, and the Building Department can answer this question better how they determine the legal non-conforming use. MR. LYONS: I can't speak as to whether or not these houses have specifically gone through the process but generally a lot of this area was zoned "B" Residential previously under the old ordinance. That "B" Residential district allowed boarding houses as a permitted use, which is how student housing was done at that time. Obviously it was rezoned to "SF2" under the new ordinance. Any home that would have maintained that student rental with no 12 month consecutive gap, would be allowed to continue to use their home and boarding house student xental type use. MR. PHIPPS: How many would you be allowed to have under "SF2"? MR. LYONS: You would be allowed two under the "SF2" district. MR. PHIPPS: Two unrelated people. So if they did not rezone it, or if it was not rezoned, it doesn't mean he can't rent it to someone, it just means he can't rent it to more than two people? MR. LYONS: Right. MR. PHIPPS: But the neighbors are able to do that because of the previous "B" zoning. 39 Area Board of Zoning Appeals -September 2, 2009 MR. KIMMEL: That's right and I forgot to mention this is a five bedroom home with five parking spots so to limit it to two people would get back to what I said, it just wouldn't be able to generate revenue to allow him to move to a place where he liked to raise a family. MR. PHIPPS: It maybe idealistic to think that this neighborhood would return to single family. You don't have to go very far east to the next street, Notre Dame Avenue, and maybe a little bit north of here to see a neighborhood that is turning back to single family ownership and occupancy of a neighborhood and it would be my hope that people I think are in the demand to live close to Notre Dame and the addition of Eddy Street Commons and Technology Park and Innovation Park and other things that there will be more of a demand for people to live in this neighborhood. Yeah but maybe it doesn't look that idealistic but I don't think it is out of the question seeing that that's already happening in that neighborhood. MR. KIMMEL: That's a possibility but we know for sure one thing, that the students that go to Notre Dame are always going to want to live close to there and that's what the market is demanding right now. So we can speculate and even is somebody wanted to come in and buy this, those types of houses are being there, the old structures that you mentioned are pretty much being torn down and completely gutted and rebuilt. So that's something that somebody, even if you rezone this and let Steve out of his situation, somebody in the future can still come in and buy that and tear it down and build a new house and decide to live in it on their own. 3ust because it's zoned to allow the multi family doesn't mean it has to be used for that. MR. PHIPPS: No but the problem is, I think if we zone this multi family then other people may want to make their situations permanent. MR. KIMMEL: Well I think for all practical purposes, they are permanent. If you look to rezoning those properties and the number of years it's been that way and the amount of money they're generating by the way they're doing business, not just here but throughout the town, they're never ever, ever sell that to a family because they're generating $1750 per house per street. The same person owns, Steve's is just one of six houses, and five of the six are owned by the same person who rents them out and he's making a fortune. And Steve's off stranded in the middle. So that's really the situation. So I don't think that's ever going to happen where a single family is going to come in and say all of a sudden I want to live on St. Peter Street and I'm willing to pay $1750 a month to do it. MR. PHIPPS: I just wish there was a way that we could put you on the same basis as everybody else is, unfortunately we... MR. KIMMEL: And he wants to do it right. He doesn't want to break the law and start renting it and then try and come in and get it grandfathered but he had bailed out early on like everybody else did, he wouldn't be in this situation but I don't think you should punish him because his family stuck there for three generations and all the while apartments are springing up everywhere, condo's in the works behind him and everything else gone to rental. MR. FEDDER: There's always the option of no recommendation and put the burden on the actual people that are going to make this difficult decision. MR. URBANSKI: But it's also brought to us for a reason too. 40 Area Board of Zoning Appeals -September 2, 2009 IN FAVOR MR. RICHARD FEINGOLD: I live at 1011 Donmoyer Avenue in South Bend, Indiana. I own and grew up at 813 Sorin Street. I would like to do the same thing. It's a three bedroom house. And I've maintained it all these years since I've moved away and it's empty right now but it can be fixed up and rented. I use it for storage so I think I could put three students in there and be like every other house in the neighborhood all around me. It would be a good thing to do. If I had more income. Thank you. REMONSTRANCE MS. KATHLEEN PHILLIPS: I live on Almond Avenue. I moved in that house with my mother as a young child, Theodosa Earl, who was a County Council member as well as she was on the Board of Commissioners as well. Now the reasons I have. I have a list but it's not very long for not renting that dwelling. He wants to be let out of his situation because he can't live there unfortunately, you're not the only one there. I am a family member. I have put up with, I have been there for 41 years as I stated. Every house around there is going to Notre Dame students. It is horrible. It is a (couldn't understand what she said) in front of my house right now that they put up. It's a huge building. It's right there on the corner of South Bend Avenue and St. Peter Street. There's one across the street. There's always parties. There's always drinking. They're trespassing because they're walking across my yard. They're walking in the yard. They're urinating on the property. I've had to chase them off when they were throwing garbage in my yard from their yards. He wants to be let out of his situation because he feels like he's the only person there that is a family now and everything else is going out of the selling and moving. Well if you let him out of his situation who's going to let me out of mine to be back into a family? What is a neighborhood? That's my question. What's happened? We have no neighborhood. All of the people come and go. There's no permanent residents because they're Notre Dame students. Only one or two families now are on St. Peter. I guess he's one of them. All the rest are Notre Dame students with noise all hours of the night and day. Littering, parties, parking problems. You can't go to the store, I can't go home after working ten hours a day and come home and park in front of my house without going from door to door, like the traffic police to find out who owns this vehicle. We have to give up our neighborhoods or what's left of it for non permanent residents. There's a home for sex offenders right there on South Bend Avenue, and of course nobody told us about that. Madison Center has put up homes around the area that are scattered sites. 'They have all of Niles Avenue to Hill Street. Our neighborhood doesn't mean neighbors anymore. Where are the neighbors, he run them off. That's probably why they're called hoods now. There's no neighbor in neighborhood. And most of our city has moved to Mishawaka which I'm sure is going to be name Mishabend because there's nothing left in South Bend. Why should we have to be run out of our home to satisfy Notre Dame. To satisfy Notre Dame. The parking across the street, I mean that's fine with me. I mean I'm a family. I grew up in that home. I have family that lives around the area and when they come there's no parking. I mean we can't have cookouts. We can't sleep at night. Most of their homes are in the back of my house so when I'm being brave and up the windows on a' nice summer night I hear rah, yah, go Notre Dame and then the drinking. Okay, I'm almost done. Also what's going to happen to us as families? He said, his attorney or whoever this guy is, says that it's idealistic but it's unrealistic. That's bull crap. And it's very realistic. I am not going anywhere so why should I have to move because he wants to leave the neighborhood. Go ahead. I welcome him to leave. Let another family come into that neighborhood. If we keep moving out of the city and moving out of the city and 41 Area Board of Zoning Appeals -September 2, 2009 letting Notre Dame, I mean if this is going to be Notre Dame, Indiana, fine. If it's going to be Mishabend, fine. I will gladly move out of the State of Indiana. It doesn't bother me. I leave St. Joe County but I'm not doing it without a fight because that is my home and I do not like to see the Notre Dame students coming and taking over. And that's exactly what's going on. These kids don't live in your neighborhood so you don't have any idea what it's like. Here on my shirt, east side reunion. Every two or three years we have an east side reunion held over at Perley Park. We do this because we're proud of where we came from. Some of us are still here. Some of us of us have children here. Some of us have raised our children here. Some have of us have moved on. But the fact being when are we going to be a neighborhood reunion? There's not going to be an east side anymore. Let's put the neighbor back in hood. And let's stop giving to these people who are here for four years. They're here for four years and then they're gone. And they leave the destruction behind. If he's caught up and he can't leave then maybe he needs to join in and start taking your neighborhood back. Maybe that's what you need to do. Well try harder because I'm here right now to try. To stop you, because you don't know what it's like. If they let you out of your situation, who's going to let me out of mine. My situation is... SHE WAS ADDRESSING HER COMMENTS TO MR. DRAGOVICH MR. FEDDER: Just address the Board. MS. PHILLIPS: So I just hope you say no to yet another Notre Dame house. Four or five people in those homes. The parking is horrible. The noise is horrible. Let's put the neighbor back in neighborhood and not just having people coming and going and coming and going. It is realistic that, like you said yourself, we've got Eddy Street Coininons now. There are things that are coming back into the neighborhood that would probably have families that will come into the neighborhood. You don't have to move out of St. Joe County or South Bend to be somewhere where we can have a family. And I thank you. MS. MARQUERITE TAYLOR: I live at 714 E. Corby Blvd., South Bend, Indiana. And I did know Steve's parents. I am the third of five generations that lived on north Frances Street. One block from where he lives on St. Peter. It's Frances, Notre Dame and then St. Peter and we lived in the same hundred block. I currently live a block, actually two blocks from him now. I hear all the noise from the partying in that block of St. Peter. There is a lot of vacant land and then there's the houses, where it is truly party row. I am the NNRO which is the Northeast Neighborhood Revitalization Organization which is really been responsible for the Eddy Street Commons. I was there yesterday for the opening of Eddy Street. I was there today for a meeting, that the NNRO had with the partners in one of the vacant buildings. The City is coming back. The neighborhood is coming back. Steve can rent to a mother, her boyfriend and her 27 kids, and that's fine. He cannot rent it to three students. The neighborhood has worked with as far back as Roger Parent, who was our councilman to help our neighborhood come back to single families. Someone said who would have thunk it that Notre Dame Avenue would turn into what it is? That they're now moving across South Bend Avenue. I'm working with the city on an overlay district to stop these apartments from springing up. People come in from Chicago, land is really cheap in South Bend compared to what it is in other places. So we're starting to get stuff. Stuff that doesn't fit. Those three apartment building that are on South Bend Avenue. I think that's a church across the street that didn't have to get special exception because it is a church. Stuff that's spring up in our neighborhood that just doesn't fit. I lived on Corby Blvd. since 1965. I bought the house in 1965, the house is paid for. Like I said I'm the third of five generations who lived in this neighborhood. Please, please don't grant this Special Exception. Thank you. 42 Area Board of Zoning Appeals -September 2, 2009 MR. BILL STENZ: I live at 1020 E. Colfax. Actually Steve and I are friends and I hope we still will be after this. And I also happen to be president of the Northeast Neighborhood council. And I am in a pretty unique situation on taking sides on this because I do know Steve and I also am a landlord and I rent an I U student and I rent to a couple of IUSB students and young families that one of them might be going to school. But I don't rent to these super houses that house five or six or seven students. Although I am surrounded by them also. And in particular I've been successful against this same landlord that Steve is surrounded with to limit some of these gross examples of student housing. And I'm not real sure I know, Chuclc and I have been working on this, but about once a year I concentrate on what seems or appears to be a legally grandfathered house and it takes time but when it's all done and said I've been able to prove that it was a false grandfathered and it's been turned back into at least a smaller, maybe two people. I've suggested to Steve that maybe he should be watching extra carefully these other houses because I'm not sure exactly how it goes but I think if you've got a grandfathered house and you've got five students in one year and then three the next year, they hey you can only have three the next year again. So I hate to say I'm against this because I know Steve but we do want our neighborhood back and the only way we can do it is one at a time and I just hope that he has a vacant. There so many, so many brand new student houses appearing that eventually some of these are going to be vacant and we're seeing it already. We're already seeing student rentals that are vacant for periods of time and now they're actually turning into weekend rentals because they can't find the long term $2,000 or $3,000 a month time, five in a house, so if we can just do it one small step at a time, that's what we are trying to do. So if you don't give a negative recommendation certainly no recommendation is better than a yes. Thank you. REBUTTAL: MR. KIMMEL: I take that back, Steve is not the last of the Mohicans, there's three of them left in this area I guess. But he's the last one on St. Peter Street and nobody here lives on St. Peter Street as they refer to it as party row. That's where he is. They may be around it. He's stuck in the middle of it. They talked about things coming back and springing up, I think we showed you on that map the only thing springing up here is more of the same. Apartments opened up two years ago. There's two new apartments. There's now a condo complex that yet hasn't been approved but they're already starting to tear things down. I appreciate their concerns. They are largely, there are some commonalities that everybody here shares and what I hear from them and what you hear from them also is that, this situation is here, it's deeply entrenched and if's there one person on Frances and one up on Almond versus how many yellow houses there, is it realistic to think it's going to come back. Steve's been monitoring. He's been waiting for eight years. And the houses are full to the brim maybe beyond what they even should be so there's to try and put the burden on him to go and petition and keep an eye on every house in the block is just really unreasonable to ask for. I think that's all I have. I know Steve has a few things that he wants to respond to. MR. STEVE DRAGOVICH: I live at 616 N. St. Peter Street. As Jeff said I have been in the neighborhood for eight years and I planned on making that my home and these new things are popping up. And I couldn't agree with these ladies more that we have lost the neighborhood and I think what they said supports my case. The neighborhood's gone. I mean in no time soon it's not going to turn back to single family, it's ridiculous to think it will. And if that was the case then I don't see how these big apartment buildings on the corner ever got approved. And if that was the plan of the Northeast Neighborhood Association then why would they give their recommendation to approve those? Why would they approve the Madison Center building? It's clearly contradictory to what they're claiming. I've done my time. I've cleaned the street. I've cleaned the alley. I keep my property nicer than anyone in the area and I will continue to do that. I'm not going to have an animal 43 Area Board of Zoning Appeals -September 2, 2009 house running there. I welcome anybody here to come see my home. I've restored it. It's beautiful. I planned on living in the home and I'm certainly not going to rent it to a bunch of animals that's going to tear it up. I mean, I can't speak for all of these other landlords but I know how I will tend to my property. I take a great deal of pride in it as did my grandparents when they lived there. As we said my father went to Notre Dame and rented a room there and met my mother. You know I'd like to find a nice group of people and rent to them. All I can do is promise you that I will keep up the property and if this ever does turn back to being single family homes, believe me I'll be the first one on board. In fact I would consider moving back. But as I said before we have lost the neighborhood and it's too late now. I've stuck it out. I've done my time. And I'd like to be let out of this now. I'm a hostage in the middle of all this. Thank you. MR. URBANSKI: I have to say this has been a meeting and a half. Not time wise but issues. Is there a motion? I truly hope we send it with some type of a recommendation other than no recommendation. I was really happy to see Nancy back there. I really mean that and look at her husband and the situation they are and I don't think that the situation that they are in right now and her husband's health but they're the only one in that neighborhood. I sympathize with the people on both sides, I really do. Not in my backyard. Do I want four houses around me, three houses or six houses on the street, seven houses. I wish our Councilman from the second district was still here. And I wish Ann was. Yeah they will have the final say on this. I'm the one who said a few minutes ago that as a Board we needed to act one way or the other. You know I don't know if I can right now. We are an appointed Board. They are an elected Council and am I trying to get out of it? Yes. And I hope everybody here understands my position. I guess I'll make a motion to send it with no recommendation. A motion to send the petition to the Common Council with No Recommendation is made by Mr. Urbanski and seconded~by Mr. Hawley. MR. PHIPPS: I guess my comment is that doing these lot by lot is unfortunately the wrong approach. But we certainly don't have the power to some say in the zoning to change this back into a traditional single family neighborhood that wasn't overrun by students. Unfortunately the zoning of the past has put us in the situation where a multitude of homes are occupied by many people and I'm sure that turns the neighborhood into someplace where you probably wouldn't want to live. To just give up and say the whole thing should be multi family and let it go would probably make some sense logically. But are still as we heard so people who are sticking it out and hoping for a change the other way. It may be idealistic and say yeah, we'll give an unfavorable recommendation for this but it's not going to change the situation. It may make more sense to actually zone a section and say well this is turned over essentially to a large numbers of Notre Dame students but that's not a choice we have. We have one recommendation on one small parcel and whatever we do seems a little illogical. MR. URBANSKI: Ms. Taylor you were involved with the City plan as much as I was, very much so. But even before the City plan about 10 or 12 years ago, a South Bend organization came to the City of South Bend and wanted to put in a University Village with South Bend is the only major university town that doesn't have one. And I don't know if you remember that company who's offices are on Main Street about a block away from us. Their idea was to convert everything back from the St. Joe River toward the university back to single family dwellings and no rentals at all. Do you remember that? And to build very expensive, $1,100 to $1,200 a month rentals by Notre Dame in the woods and they got turned down. And somebody from Indianapolis...I 44 Area Board of Zoning Appeals -September 2, 2009 guess I'm speaking, so in turn they gave it to somebody in Indianapolis to build the homes but didn't follow through with the true plan was, it had to be about 95 or 96. MS. TAYLOR: The problem wasn't the University Village. We are a~neighborhood. We do not want ... MR. URBANSKI: Because at that time-it was suppose to extend all the way down to the St. Joe Med Center and face St. Joe Med Center toward Eddy Street. MR. FEDDER: We have a motion on the floor, Mr. Chairman. MR. URBANSKI: That's okay. Call for the vote. MRS. HENRY: We have a motion made by Mr. Urbanslu to send the petition to the Common Council with No Recommendation and seconded by Mr. Hawley. MR. VELLEMAN: Yes. MR. YOUNG: Yes. MR. PHIPPS: Yes. MR. HAWLEY: Yes. MR. URBANSKI: Yes. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did not satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council with No Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with No Recommendation and will issue written Finding of Facts. PETITION IS SENT TO THE COMMON COUNCIL WITH NO RECOMMENDATION l 1200 COUNTY"--CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE 574/ 235-9371 Fnx 574/235-9021 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT 3EFFREY V. GIBNEY EXECUTIVE DIP.ECTOR ~`~~ ~a_ ~~-~g November 9, 2008 Mr. Derek Dieter President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Dieter: The attached bill for the Council's consideration and approval will appropriate $123,135 in 2010 Emergency Shelter grant (ESG) funds as part of the 2010 Action Plan of the 2010-2014 Housing & Community Development Plan. As the Council will recall, the proposed allocation of funds was discussed at the Community &Economic Development Committee meeting on September 21, 2009 and made public for the 30 day comment period beginning October 2, 2009. The Plan was also the subject of two public hearings on October 14, 2009. Should there be.any questions on this bill please contact me at 235-5845. I will be present to address this at the December 14th meeting: Thank you. Sincere y, Pamela C. Meyer Director cc: J. March J. Gibney E. Leonard G. Zientara ~c~i;"~3 t4 w~ ~~~~! 1 ~ ~llQ~ ~c~;ta ~~c~u~ COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT _ FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS 1G'IPNAG&V1ENT ~.~~j 574/235-9660 574/235-9371 ELIZABETH LEONARD ~,~~~`!~'/~ FAk: 574/235-9697 ~`~. 574/235-9371 ~h_ ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $123,135 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver service to homeless individuals within our community, the City of South Bend received funds from the U.S. Department of Housing and Urban Development for the delivery of such services through various 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, Indiana: Section I. The Sum of $123,135 is hereby appropriated 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 2010 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions: PROJECT NUMBER DESCRIPTION AMOUNT JES 09-1 Center for the Homeless $32,000 JES 09-2 AIDS Ministries/AIDS Assist 15,135 JES 09-3 Youth Service Bureau 26,000 JES 09-4 YWCA 45,000 TOTAL $123,135 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 Common Council ~~ J 3 ~ Y ~ ~ SY'wtw~~~~6 (d ~ Attest: ~ fx 0. ~ P d Yom' Y ~~ 3~~e~".~s3 s.~ o_.7q ~~~ rn.. i'i ~"7i bG~l~ Ui~Y~4Je 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 o'clock . m. 2 , at Mayor, City of South Bend, Indiana 1st REQ,DING PUBt_!C t;i,~~lNG 3 td Re~".t~:th;G rvoT h.~,~ ~Ctv l~4~ Fc [~.,~C~~ PFiSSE~ ...,.~4-. !~ ;.f nit ~ q fy n.,J i 1200 COI)N7'Y-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V.' GIBNEY EXECUTIVE DIP.E,CTOR November 9, 2009 Mr. Derek Dieter . President, South Bend Common Council 4a' Floor County-City Building South Bend, IN 46601 Dear President Dieter: `~~1.~ F~~- ~i7_-~~ The attached bill for Council consideration and approval will amend the NSP appropriation ordinance #9924-09 which the Council passed on May 12, 2009 There is no change to the overall appropriation however certain project allocations are being adjusted. The amendment ONLY changes the dollar amounts for each activity type. It DOES NOT change the geography, the eligible activities, or partner agencies. This bill revises the May 12, 2009 NSP ordinance by: • Reduction in the number of properties impacted through acquisition and rehabilitation (from 9 to 5); with a corresponding reduction from $1,350,000 to $900,000 for this activity. • Increase in the number of properties impacted through the redevelop demolished or vacant properties -new construction and Dollar Houses - (from 4 to 9); with a corresponding increase from $800,000 to $1,250,000 allocated for this activity. • Due to a rounding error, $1 will be removed from Activity Five -Planning and Administrative Costs -modifying the total allocated amount to $359,999, and $1 will be placed in Activity One -Permanent Rental Housing for Special Need Populations - modifyingthe amount allocated for this activity to $1,024,631. As was indicated in my presentation and memo provided to the Council on October 26, 2009 ,these changes are recommended after consultation with HUD. While initially developing the proposal for NSP funds, the City wished to address some of the properties it owns through the Dollar House Program. 'This was due to three factors: (1) many are located within the NSP target area, (2) the program implementation is part of the existing partnership between the City and the NNN and SBHF ~vho are also NSP sub-grantees and, (3) there are limited City resources COMD'(UNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL Ht PROGRAM PAMELA C. MEYER DCNALD E. INI'.S MANAGEMENT 574/235-9660 574/235-9371 EuzAeErlt LEONARD ~~ /~ FA,:: 574123?-9697 „~ 574/235-9371 ~, `~ to fully address the properties, and those City resources could be returned to the City if the NSP funds were used instead. However, there was a determination by the HUD Field Office indicating that these properties were not eligible for the program. - - Recently, after fiu-ther conversation on this issue, there was a clarification of the interpretation allowing these properties to be addressed. As a result staff was advised by the HUD Field Office that an amendment to NSP would need to be developed/processed due to the dollar amount being changed among activities. The amendment was the topic of a 30 day public _ comment_perio.d that_ran_fronzSeptember25,2D09_to_Qctol er 27, 2009,_and a public hearing_ ___ held on October 22, 2009. The amendment will result in: (1) a net gain of 1 more property impacted by the NSP funding (2) 5 Dollar Houses to be rehabbed and made available to the community (3) the balance of the City allocated funds being held for those Dollar Houses, now in NSP, to be returned to the City's general fund Should there be any questions on this bill please contact me at 235-5845. I will be present to address this issue at the December 14, 2009 meeting. Thank you. Since ely, _ GlJ , v ~ (~~ Pamela C.1~Ieyer Director cc: J. Gibney J. March E. Leonard G. Zientara ~t` Few ~'~ E~:~~i~~ ~C3~43 1i~ ~e ~.~~ ~~0 ~I ~ 3 iOG~ ,ICtf N ECG?~~ ~*7. ti oRDINANCE N®. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE # 9924-09 TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY D-E- -V-EL- OP-MENT EUND_(#212) - -- STATEMENT OF PURPOSE AND INTENT On May 12, 2009, the South Bend Common Council passed Ordinance #9924-09 which appropriated a total of $4,098,531.00 in Neighborhood Stabilization Program (NSP) .monies receivable from the United States Department of Housing and Urban Development (HUD). This Ordinance #9924-09 provided for distribution to various City agencies and non-profit private enterprises which perform housing rehabilitation and other services beneficial to the South Bend Community in furtherance of the HUD grant purposes. Since passage of Ordinance #9924-09, certain operational changes have occurred which require the increase of certain designated appropriations and the decrease of others. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The following distributions set forth in Ordinance #9924-09 shall be increased and decreased as follows: Name of Distributee Original New Distribution Net Change Distribution (To) (From) Dept. of C&ED . $95,000.00 $94,999.00 ($1.00) Plaruiing c`i Admin NNN Acq/New Construction will change to $200,000.00 $480,000.00 $280,000.00 Acq/I'v ew ContructianlRehab NNN Acq/Rehab $750,000.00 $540,000.00 ($210,000.00) SBHF Acq/New Construction $200,000.00 $620,000.00 $420,000.00 will change to Acq/I`~i ew Contruction/Rehab SBHF Acq/Rehab $600,000.00 $360,000.00 ($240,000,00) SBHF Rental Housing Group $1,024,630.00 $1,024,631.00 $1.00 Homes Habitat for ' Humanity - $400,000.00 $150,000.00 ($250,000.00) Aequisition/New- - - - - Construction South Bend Heritage 160,000.00 160,000.00 0.00 Foundation P&A Near Northwest Neighborhood, Inc. 105,000.00 105,000.00 0.00 P&A South Bend Heritage Foundation -Rental 1,024,630.00 1,024,630.00 0.00 Housing Group Homes. Code Enforcement- 563,891.00 563,891.00 0.00 Demolition Total $3,269,630.00 $3,269,630.00 $700,001.00 OVERALL NET CHANGE $0.00 SECTION III. All other terms and conditions of Ordinance #9924-09 shall remain in full force and effect. SECTION N. This ordinance shall be in full force and effect from and after its passage by the Corrlmon Council and approval by the Mayor. Member of the Common Cr uncil Attest: City Clerk . ~" n ^A ~,' C:r..s~'i: ;r ~: fiat 2~t'S'.'.3 4?c Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. City Clerk -. f Approved and signed by me on the day of , 2 , at o'clock, .m. _.. __Mayor,_City of.S_outh Bend,.Indiana . L3-~ 1 st READlNf3 ~ l~ ~LI' _iif L~. . FASSE~. ...._ g~_- p~+,~ x Elk f~~i~a`G-.. L i~^~i~ 3~~ r.3~'var~.~ ~, ~..~..~~~~ a 2009 ,;~,1 1 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER November 18, 2009 Mr. Derek Dieter _ President, South Bend Common Council ~ ~ ~ ~ ~ ~~ ~°~` 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance Temporarily Transferring Monies to Depleted Funds Pending Property Tax Distribution Dear President Dieter: As you know, during the past several years, property,tax distributions have been received after December 31 of the year during which they were anticipated. The same pattern holds true for calendar year 2009. Therefore, in order to efficiently operate the City, monies must be transferred temporarily from certain funds to other funds within the City. The ordinance as flled does not contain actual dollar sums because additional time is needed to determine exactly what dollar amount is required from the Funds from which transfers are to be made. A substitute ordinance will be filed with the Common Council prior to its December 14 meeting date which specifies the dollar amounts. I will present this ordinance to the Common Council at its Committee meeting and public hearing and will be happy to answer any questions that Council members may have. Thank you for your cooperation. Sincer ly, ~t~~~~ ~lg ~~~€';€ ~ ~i l~~ f / ~p~~ 1 8 2GG9 Gregg ~ientara ~. Controller. ;,. C~11 ~J4.Gfl;ly.hJ.~~tI`~ COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574(235-9216 FAx 574(235-9928 TDD 574!235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TEMPORARILY TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY PENDING RECEIPT OF PROPERTY TAX DISTRIBUTION STATEMENT OF PURPOSE AND INTENT The due date for current property tax payments (2008 pay 2009) is December 11, 2009. St. Joseph County is planning a distribution of property tax collections during December 2009 to local units of government. The amount of tax collections to be distributed to the City of South Bend during December is not known at this time. It may become necessary to temporarily transfer monies from various funds within the City to depleted property tax funds to meet current operational expenses. All funds from which temporary transfers are to be made have monies sufficient to accommodate these temporary transfers. The amount of transfers listed below are maximum amounts. The actual amounts transferred maybe less depending on the property tax distributions received during December. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The aggregate sum of $ shall be transferred from the following Funds as follows: A, $ from Fund No. 711 Health Insurance Fund; and B. $ from Fund No. 102 Rainy Day Fund; and C. $ from Fund No. 227 Loss Recovery Fund Section II. The monies totaling an aggregate sum of $ transferred per Section~I from Fund Numbers 711, 102, and 227 shall be deposited and loaned temporarily to the following Funds: A. $ to Fund 101 General Fund; and B. $ to Fund 201 Parks & Recreation Fund; and (:, $ to Fund 313 Hall of Fame Debt Service Fund Section III. All monies transferred under Section I to the Funds designated in Section II shall be paid back to the originating Fund by June 30, 2010. Section N. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: ~ { ~ .s s , -~ 4 `ia~ i~cwe3t~~ IY i1Va5~ 6:ttr.'s~ 3~ ~ ~ Y 2~ A ~ t~1sfkv City C1Prk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock - . m. Deputy City Clerk Approved and signed by me on the day of , 2009, at o'clock _ . m. Mayor, City of South Bend, Indiana 1 st R[P-.!3tP!G ~ l"Z ~ ~c~ 3 rd ='Fr^,G1~!G Pv~T :`.P~"••QVE9 m ~ ~ ,, 5b a ~IS~ ~~ ~!# ~a ±{~,'~ ~ 3 2009 rr..-~ .)SiSSi Et ~e~~~ P,E, cRP.E~ PASSEQ. 1., CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER November 18, 2009 Mr. Derek Dieter ~ l ~,~ ~~~ ~,~`~ President, South Bend Common Council 4u' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending the 2009 Salary Ordinance #9863-08 Dear President Dieter: Last year on September 8, 2008, the South Bend Common Council passed Ordinance 9863-08 which fixed the salaries and wages of non bargaining employees for the City of South Bend in calendar year 2009. That ordinance. did not define full and part-time employees, and it did not clearly identify the information received by City employees regarding the medical insurance program. The attached ordinance amends Ordinance 9863-08 by defining full and part-time employees and specifying the nature of information received by employees regarding their health insurance plan. You will also note that this ordinance provides for retroactive effect to January 1, 2009 in the event of any interpretation issue that may arise in the future concerning the 2009 salary ordinance. I will present this ordinance to the Common Council at its Committee meeting and public hearing and will be happy to answer any questions that Council members may have. Thank you for your cooperation. Si erely, .._---- Gre entara ~~~ 1 8 2GC9 Controller' i ~ ~~ rt JC'. COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0.9863-08, WHICH FIXED NON BARGAINING EMPLOYEE WAGES IN 2009, TO DEFINE FULL AND PART-TIME EMPLOYEES STATEMENT OF PURPOSE AND INTENT On September 8, 2008 the South Bend Common Council passed Ordinance 9863-08 which fixed salaries and wages of appointed officers and non bargaining employees for the City of South Bend in calendar year 2009. Ordinance 9863-08 did not define full and part-time employees. Therefore, should an issue arise over whether a person employed by the City in 2009 qualifies as a full or part-time employee, this ordinance provides definitional guidance and clarificatior_ to Ordinance 9863-08. This ordinance also clarifies the type of major medical health insurance information furnished to City employees in 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Ordinance No. 9863-08 at Section II is hereby amended to change existing subpart "j" to subpart "1" and to add two new subparts " j" and "k". Subparts (j)(k) and (1) of Section II shall read in their entirety as follows: (j) Definition of Full Time Employee Full-time employees are those. employees who are not in a Qart time status and who are regularly scheduled to work the City of South Bend's full tirne scheduled forty (40) hours per week or a reduced full-time schedule of thirty- two (32) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subiect to the terms and conditions and limitations of each benefit program. (k) Definition of Part-Time Employee Part-time employees are those employees who are not assigned to a full-time status and who are scheduled to work less than the City of South Bend's full time schedule, not to exceed one thousand fort~(1040) hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits) they are not eligible for other City benefit programs with the exception of the positions listed below: CED Project Coordinator Chief City Assistant Attorney City Attorney Deputy City Attorne~III Deputy City Attorney N Senior Citizen Leader (with benefits) Common Council Members The above positions are eligible fo~articipation in all of the Employer's Benefit Programs. ~j-} ~ Policies and Procedures. Two (2) copies of the City's Personnel Policies and Procedures Manual and the Family and medical Leave Act Policy shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4`~' Floor of the County-City Building, South Bend, Indiana. SECTION II. Ordinance No. 0863-08 is further amended at Section II (d) (1) Insurance. to delete that subsection and replace it with the following: (d) Insurance. (1) Comprehensive Major Medical Insurance Pro~ram/Preferred Provider Organization (PPO). The City shall maintain a comprehensive major medical insurance program that all non bargaining employees may participate in under the rules and guidelines of the plan documents. All employees receive a copy of a summary of employee insurance benefits and information each year. SECTION III. In all other ways, Ordinance 9863-08 is reaffirmed. SECTION IV. Upon passage by the Common Council and approval of the Mayor, this Ordinance shall be given retroactive effect as of January 1, 2009. Attest: City Clerk 1~.1,,~.. I~- d i~l. ! ~ I Member of the Common Cou it ~c~~l:rs:°ui l:e s+rJ "• :.:.. a t ~i17614 4'. i~3 ~`~ ~ot~IlCls c C:l~il fail `vi'ta ~s~~'., Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2009, at o'clock m. Deputy City Clerk Approved and signed by me on the day of , 2009, at o'clock m. 1 sr R~-.ADIi~G P°J2's.lC t ~r "~Ri~ iG P.E~'EF`iRE©. PASSED - :.ri Mayor, City of S ~ 2 u ~?;, {P F4 L ~ of ~10`,~ 1 8 2009 ~G~i?~ `r~rDE:~E CITY OF SOUTH BEND STEPHEN ~. LuECxE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER November 18, 2009 Mr. Derek Dieter ~ ~i ~ \ ~ , ~ S ~ ~~ President, South Bend Common Council ` \ `a1 4t1i Floor, County-City Building South Bend, IN 46601 Re: An Ordinance Appropriating Additional Monies from the General Fund (#101) Dear President Dieter: Since the time the City's 2009 budget was passed on November 10, 2008 (Ordinance #9874-08), certain unanticipated expenses have arisen which require the appropriation of additional funds. Attached is an ordinance appropriating an additional $158,850.00 from General Fund (#101). This ordinance is a companion to a similar ordinance being filed this date which appropriates monies from various City Enterprise Funds due to unanticipated expenses which have occurred since the adoption of the City's 2009 budget in 2008. 1 will present this ordinance to the Common Council at its.Committee meeting and public hearing and will be happy to answer any questions that Council members may have. Thank you for your cooperation. Sincerely, Gre entara Contr filer 1 C~~~! ? u ~!C~v~ ~Ci;':?a '~~'i~f~ COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 ORDINANCE NO. „~ .~. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2009 OF $158,850 FROM GENERAL FUND (#101) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2009 Budget in 2008 (Ordinance #9874- 08, passed November 10, 2008) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City Budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2009 and set apart within the following designated funds for operational expenses as follows: Fund General (#101) Amount $158,850 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk ~l~.~t- ~ •'J l.sL~ ~ Yf Member of the Common Cd ncil ti's!tWljsS Sa E'~ .. ~', w~v ., :_a so ~~li~l~:~ ~i~-Ici>? Ci ~.~l~ la~la`~~ Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock ~ . m. Deputy City Clerk Approved and signed by me on the day of , 2009, at o'clock ~d~~'~ I~! ~~~t`~I.'~ ~€I;EGA ! sr PEADING 1,1--L3--v~ M yor, ity of South Bend, Indiana P~JBL!C' HEA2lNG IVQV 1 8 2CC9 3rd READ!h3G ;,'JT APPROV[D ,lC;!tt~~ ~`c:~D!~1}s: .~.:FERt ED ~tTY C!.":~i!y ~~ ~!:t':T~, t5~t. __ PASSED 1 tll7 2009 year end Additional Appropriafion.x/s 11/1 flr2009 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER November 18, 2009 Mr. Derek Dieter President, South Bend Common Council L ~\ ~,. 1 4tI' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance Appropriating Additional Monies within Various Enterprise Funds of the City Dear President Dieter: Since the time the City's 2009 budget was passed on November 10, 2008 (Ordinance #9874-08), additional unanticipated expenses have arisen which require the appropriation of additional funds. The attached ordinance appropriates a total $529,041.00 from various Funds, i.e., Water Works Sinking Fund (#625), Sewer Insurance Fund (#640), Sewage Works Operation Fund (#641), Project Releaf Fund (#655), and Century Center (#670). I am attaching detail infoizrlation regarding the use and purpose of the additional appropriation. This ordinance is a companion to an ordinance being filed this date which similarly appropriates additional monies from the General Fund due to unanticipated expenses which have arisen since the 2009 budget was approved and passed. I will present this ordinance to the Common Council at its Committee meeting and public hearing and will be happy to answer any questions that Council members may have. Thank you for your cooperation. Sincerely, G e Zientara Con oller iG~=d1 ~4~ r•~P.!'g i. L. vF ~f. .fhr ift i ~ 4t..^I~~i, L'^l ~l\.Let ~}'• COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 466Q1-1830 PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 20091NCLUDING $38,169 FROM WATER WORKS SINKING FUND(#625), $86,700 FROM SEWER INSURANCE FUND (#640), $100,000 FROM SEWAGE WORKS OPERATIONS FUND (#641), $35,000 FROM PROJECT RELEAF FUND (#655), AND $269,172 FROM CENTURY CENTER FUND (#670) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2009 Budget in 2008 (Ordinance #9875- 08, passed November 10, 2008) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2009 and set apart within the following designated funds for operational expenses as follows: Fund Amount Water Works Sinking (#625) $38,169 Sewer Insurance Fund (#640) 86,700 Sewage Works Operations (#641) 100,000 Project Releaf (#655) - 35,000 Century Center (#670) 269,172 TOTAL 529 041 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk Member of the Common Cc~~ncil r €: I~:; . , ; :~ Ali ,, tl. _~~., r ~. `. ... :'a iii ::*: [5( ~'d.+iSJ1~3 ~-.''~T ~`rJ1.Y ~:n ~: F9» f~'~ii~ Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at .o'clock - . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. 2009, at Mayor, City of South Bend, Indiana ~~ RE„osN~ ~ ~-z3 -~'S r-u~l.lc i~~r-~r;w~ 3 rd REAGSNG NOT APFF,O'1E!) F.EFERRE~ pAS51:~ ' _e..~ ~o~~ ~ s zaag ~1i f ~~.£n1~~, :aCI. Ei~:~J, IR9. CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA Novem~e lr 8, 2009 Mr. Derek Dieter President, South Bend Common Council ~ `~` ~ ~ ~. ~ 1 -~~ 4a' Floor, County-City Building South Bend, IN 4660.1 Re: An Ordinance for Budget Transfers of VaI-ious Departments within the City of South Bend Dear President Dieter: Because unforeseen circumstances have developed since the adoption of the City of South Bend's 2009 budget which was approved by the Common Council in Ordinances #9874-08 and 9875-08, it is now necessary to increase and reduce appropriations within various Departments of the General Fund and other Funds of the City of South Bend. Attached is an ordinance for this purpose together with an attachment providing details to all of the increases and reductions. The attached detail sheet is incorporated into the ordinance itself and made a part thereof. I will present this ordinance to the Common Council at its Committee meeting and public hearing and will be happy to answer any questions that Council members may have. Thank you for your cooperation. Sincerely, Gr ientara Contr ~ ller ~e~~;~= ~ c ~1~~~ a r~ ~`'~~'a ~~ .1 (~OV i ~ ~~~,.>~ ~ _.w..~..., .~~ COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 ORDINANCE N0. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2009 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #9874-08 and #9875-08) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2009. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein and made a part hereof shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Co • cil rr 't<, (~~}~,~~:E~3iE~ E::: (gip-1C~fi-ii u Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock ! . m. Deputy City Clerk Approved and signed by me on the day of , 2009, at o'clock . m. Mayor, City of South Bend, Indiana I st READING L ~-L 3--~ PUBLIC F'sEARING. 3 rd ZF_p,DING Nr~T ~,PPP.OVF,17 RE~Ei?RED PASSED ,~<._ ~~OV 1 8 2009 SC~i~lid t7ClCtinE CIY'i Ci.e~f~. EQ, 3F~ft~,1N~, n! Cnr,rh ab One Fund Name epartment Name (betwee ccount Name n expenditure cate Compl Fiscal Officer/ Contact Name Year End B gories or department Novem ete and return electro Account Number ud4efTransfers s in the same fund-no Increased Clty approprtatlons) ber 16, 2009 nically by November 9, 2009 noon Budget Protect Jncrease/ Justification Number Decrease General Fund P General Fund P General Fund ~ P General Fund P W - En ineedn R W - En ineerin F W - En ineerin P W - En ineedn H e ular Salaries ICA ERF ealth Insurance Miami Road t Mur h Mur h Mu h Mu h Murphy 101-0602-431-10-01 101-0602-431-11-01 101-0602-431-10-D4 101-0602-431-11-08 101-0602-431-42-32 - = 32,000.00 E 2,448.00 A 1,920.00 12,000.00 48 368.00 xistin ositions carried forward from 2008, error in mid- ear bud et allocation to Wastewater dditional wa es $32,000 x 7.65% Additional wa es $32,000 x 6.00 Existin ositions carried forward from 2008 error in mid- ear bud et allocation to Wastewater Cost savings on projoct -did ROW work in-house -use savings to cover above budgets General Fund P W -Engineering C - apital Projec 0 00 General Fund PW -Traffic 8 Li htin A utomotive Re airs - T&L Mur h h 101-0607.431-3G-03 40 101-0602-431-23 - . 50,000.00 50,000.00 ( ~ Ain fleet, Increased re air costs char ed b Central Sevices above bud eted amount Salt covered in other fund, budget not spent and used to cover above budget Increases General Fund PW -Engineering S alt Murp y . _ 00 0 Sewer Fund Sewer Fund Sewer Fund Sewer De artment Sewer De artment Sewer De artment Sewer Maintenance Materials Automotive Re airs -Sewer Sewer Lateral Pro ram Mu h Mu h KurzhaUMu h Mur hY 641-0621-792-23-04 641.0621-792-36.03 641-0621-792-63-35 641-0621.792-10-02 - - . 5,000.00 50,000.00 20,000.00 (75,000.00) Additional emer enc sewer cuts and sewer materials Ain fleet, increased re air costs char ed b Central Sevices above bud eted amount Additional costs for sewer lateral ro ram - ro ram has been re-or anized Stafl vacancies during the year, budget savings used to cover above budget increases Sewer Fund Sewer Department Hourly Wages P 0 00 . General Fund General Fund General Fund Police De artment Police De artment Police De artment S eciatt Pas Police E ui ment Central Services Gasoline Pinckert Pincked Pinckert 101-0801-421-10-06 101-0801-421-43-06 101-0801.421-22-01 P6UNIF P6ADMN P6ADMN ADMN P $19,200.00 19,200.00 190,000.00 00 190 000 S ecial a s lower than bud oted due to shorts a of ersonnel -Use savin s to cover Police Grant Additional monies needed to cover Police AFIS Grant. These monies will be reimbursed b DOJ Gasoline rites lower than bud eted -Use savin s to cover automobile re airs Additional monies needed to cover the auto re air account. General Fund General Fund Police De artment Police De artment Automotive E ui ment Re air Personnel Services - Re ular Pinckert Pinckert 101-0601-421-36-03 101-0801-421-10-01 5-01 6 P6UNIF P6ADMN , . 10,000.00 000.00 10 S ecial a lower than bud eted due to shorts a of ersonnel -use artial savin s to cover electric char es Additional charges needed to cover electrical charges to Police building. General Fund Police Department Automotive Equipment Repair Pinckert 101.0801.421-3 , 0 00 . Liabilit Insurance Fund Liabili Insurance Division Grou Health Insurance Yea /Mur h 226.0412-672-11-08 01 10 - 4,000.00 500.00 2 Under bud otod health Insurance costs, reallocation from Work Com Inurance Division Under bud oted Sala costs reallocation from Work Com Inurance Division Liabilit Insurance Fund Liabilit Insurance Fund Liabilit Insurance Fund Liabilit Insurance Division Liabilit Insurance Division Work Comp Division Grou Health Insurance Grou Health Insurance Grou Health Insurance Yea /Mu h Yea /Mur h Yea /Mu h h / - 226.0412-672- 226.0412-672-11-04 226.0403-645-11-08 226-0403-645.23-99 - - , 300.00 6,800.00 3,000.00 Under bud eted PERF costs, reallocation from Work Com Inurance Division Over bud eted health Insurance costs, reallocation to Liabilit Inurance Division PO k166818, Ph sio Control - urchase of re lacement kit for batte char or Liabilit Insurance Fund Work Com Division Other Su lies Mur Yea h /M 226.0403-645-10-Ot - (3 000.00 Vacanct positions during part of year -savings used to fund above expenditures Liability Insurance Fund Work Comp Division Regular Wages ur Yea rY P Y 00 0 . Cumulative Ca ital Dev. Police De artment Motor E ui ment Pinckert Pinckert 40fi-0801.421-43-02 406-0401-415-37-02 - - 1,000.00 (1,000.00) Additional a ui ment to outfit olice vehicles Capital lease costs less than budget, no 2009 leaseJpurchase for Po ice ve is es Cumulative Capital Dev. Police Department Capital Lease Payments 0 00 . General Fund General Fund Board of Safet Police Department FICA Taxes Personnel Services -Regular Pinckert Pinckert 101.0103-411.11-01 101-0801-421-10-Ot - P6UNIF 32.00 (32.00 00 0 FICA taxes on final wa es aid durin 2009, current) these ositions are un aid Special pays lower than budgeted due to shortage of personnel -use partial savings to cover FICA charges . General Fund Git Clerk Health Insurance es rt Time Wa P Wisniewski Murphy 101-0201-411-11-08 101.0401-415-10-09 - - 73,000.00 13,000.00 (_J Bud Olin error for health insurance costs, no new ositions durin 2009, $46 739 aid 2008, $29,218 in 2003 Account significantly under budget, fewer part-time work completed In 2009 General Fund Administration/Finance g a Permanent r 0 00 . eded since Mayor and Assistant Mayor retumod city vehicles to Iloet. l General Fund General Fund Mayor Ma or Auto Allowance Com uter E ui ment Moody/Myars Mood /M ers d /M ers M 101.0101-413-1 t-12 101.0101-413-43-OB 101-0101-413.10-01 - -- 2,700.00 2,045.00 2,045.00 owance ne Auto al New la to needed to re lace old one for resentations, work at home, travel, etc. One ositign unfilled for 2009, will be eliminated in 2010. General Fund General Fund Ma or Ma or Re ular Salades Central Service Gasoline oo Mood /M ers 101-0101-413-22-01 36-03 0101 413 - 1,350.00 350.00 1 Gasoline no Ion er needed since c vehicles have been returned to the fleet. Automotive equipment repairs no longer needed since city vehicles have been retumed to the fleet. General Fund Mayor Automotive Equipment Moody/Myers - - 101. , 00 0 . d et for Services cafe o b Parks & Recreation Fund Parks & Recreation Fund Parks & Recreation Fund Parks & Recreation Fund Parks & Recreation Fund Parks & Recreation Fund Parks & Recreation Fund Parks & Recreation Fund Parlcs and Recreation Parks and Recreation Parks and Recreation Parlcs and Recreation Padcs and Recreation Parlcs and Recreation Parlcs and Recreation Parlcs and Recreation Golf- Invento for Sale Golf- Travel Golf- Tele hone Golf- Contract Services/Char es Rec- Part Time Rec- Recreation Su plies Zoo• Office Su lies CS Zoo- Uniforms ~ Carleton Cadeton Carleton Carleton Carleton Carleton Carleton Carleton 201.1102-452.22-29 201-1102-452.32-03 201-1102-452.32-04 201-1102-452.39-89 201-1103-452.10.03 201-1103-45222-23 201.1104-452.21.03 201-1104-452.22-05 K62ADM K62ADM K62ADM K62ADM K63ADM K63ADM K64OPE K64OPE 10,000.00 1,500.00 2,500.00 6,000.00 40,000.00 10,000.00 1,000.00 5,000.00 u Usin excess Sent em to ees to LPGA and NRPA conferences Additional ex ense for OSL line at Elbel Unex eded re airs to concessions a ui ment Usin art time bud et to offset rec su lies and Zoo su ties Unex ected Rec su lies and concessions Rems used Unex ected Central Stores Office su lies use e Concession and veterinary sup lies not bud eted ' Paget 2009 Year-End Budget 1 111 8/2 0 0 9 Paget 11/18/2009 2009 Year-End Budget City of South tsena, maiana Year End Budoet Transfers (between expenditure categories or departments in the same fund-no Increased City appropriations) November 76, 2009 Complete and return electronically by November 9, 2009 noon Budget Department Fiscal Officer! Account Project Increase/ _. ..__.__. ___ n~~,..,tie. N~~mber (Decrease Page3 11/18!2009 2009 Year-End Budget CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER November 18, 2009 Mr. Derek Dieter r _~ ~ ~ ~~ . ~U 1~ President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Appropriating Funds for Capital Expenditures in 2010 Dear President Dieter: When the South Bend Common Council passed the City's 2010 budget on September 28, 2009 it did not include expenditures for many capital and other non-personnel needs. The attached ordinance appropriates $4,034,104.00 from various capital funds for capital expenditures in 2010. This ordinance is a companion to another ordinance submitted this date which also appropriates monies from the General Fund and other tax revenue funds in the sum of $5,864,699.00. I will present this ordinance to the Common Council at its Committee meeting and public hearing and will be happy to answer any questions that Council members may have. Thank you for your cooperation. Sincerely, Gre `~ntara Contrc~e F~1~ t~ ~1~~~~'~ Cb~~~~ i~av ~ ~ ~ac~ 1 .n nr•SP ppee .~pr y5~l~il~'t ~t':f~AS{y.'L. ci t COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDL9NA 46601-1830 PHONE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 INCLUDING $156,000 FROM RECREATION-NONREVERTING FUND (#203), $22,100 FROM CENTRAL SERVICES FUND (#222), $170,000 FROM LOSS RECOVERY FUND (#227), $4,000 FROM EAST RACE WATERWAY FUND (#271), $1,191,779 FROM EMS/FIRE CAPITAL IMPROVEMENTS FUND (#288), $135,000 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND (#377), $32,200 FROM COVELESKI STADIUM CAPITAL FUND (#401), $281,150 FROM PARKS- NONREVERTING CAPITAL FUND (#405), $32,775 FROM CONSOLIDATED BUILDING DEPARTMENT FUND (#600), $639,500 FROM WATER WORKS CAPITAL FUND (#622), $758,950 FROM SEWAGE WORKS CAPITAL FUND (#642) , $58,200 FROM PROJECT RELEAF FUND (#655), AND $552,450 FROM CENTURY CENTER FUND (#670) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2010 budget on September 28, 2009 which included expenditures for various City operations. It is now necessary to appropriate additional funds for capital and other non-personnel expenditures necessary for the City's effective provision of services to its citizens which were not included when the City's 2010 operating budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Pend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2010 and set apart within the following designated funds for expenditures as follows: Fund Amount Recreation-Nonreverting (#203) 156,000 Central Services (#222) 22,100 I..oss Recovery (#227) 170,000 East Race Waterway (#271) 4,000 EMS/Fire Capital Improvements (#288) 1,191,779 Professional Sports Development (#377) 135,000 Coveleski Stadium Capital (#401) 32,200 Parks-Nonreverting Capital (#405) 281,150 Consolidated Building Department (#600) 32,775 Water Works Capital (#622) 639,500 Sewage Works Capital (#642) 758,950 Project Releaf (#655) 58,200 Century Center (#670) 552,450 Tota12010 Additional Appropriation $4 034,104 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Co ncil a Attest: t+. 1~:~ E~ {;,.s~, ~s'a Ea t~;z~~ F~ } a0°F~~c". ~2srr,. .s E:,:e ~ ,..3~1,i•.n i eG~i~iai~ ~k ;, §:~ err L +b" ~ }, sf,xPt: City Clerk C~un~1 c~:~~ll ~tl ~tt~ ¢~.1,~ .. Bresented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock _ . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. 2009, at Mayor, City of South Bend, Indiana 1st READING ~ l'Z'3 °~" PUoLIC HEARENG 3 rt.~ R[ADfPvG N::1" APPROVF9 RrrERRED. PASSED ,_ I ~~~ } ~7 ~~''~~ ,.:,. CrrY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER November 18,.2009 Mr. Derek Dieter President, South Bend Common Council ~ l (~ ~ (~ ~ ~ ~ -C~~ 4~' Floor, County-City Building _ South Bend, IN 46601 Re: Ordinance Appropriating Funds for Capital Expenditures in 2010 Dear President Dieter: When the South Bend Common Council passed the City's 2010 budget on September 28, 2009 it did not include expenditures for many capital and other non-personnel needs. The attached ordinance appropriates $5,864,699.00 from the General Fund and other tax revenue funds for capital expenditures in 2010. This ordinance is a companion to another ordinance submitted this date which appropriates an additional $4,034,104.00 from various capital funds within the City. I will present this ordinance to the Common Council at its Committee meeting and public hearing and will be happy to answer any questions that Council members may have. Thank you for your cooperation. Sincerely, Gr ntara Contr er CdO~ 1 8 200° 64;~~3 c~3;r~~ ,~ --- __.s,_...~--_-~- COUNTY-CITY BUILDING 227 W.,JEFFERSON BOULEVARD SUU'fH BEND, INDIANA 46601-1830 PxoNE 574/235-9216 FAx 574/235-9928 TDD 574/235-5567 ORDINANCE NO. A_N ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 INCLUDING $356,770 FROM GENERAL FUND (#101), $498,853 FROM PARKS & RECREATION FUND (#201), $999,850 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $1,845,726 FROM LOCAL ROAD AND STREET FUND (#251), $1,170,500 FROM COUNTY OPTION INCOME TAX FUND (#404), $523,800 FROM CUIVIULATIVE CAPITAL DEVELOPMENT FUND (#406), AND $469,200 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2010 budget on September 28, 2009 which included expenditures for various City operations. It is now necessary to appropriate additional funds for capital and other non-personnel expenditures necessary for the City's effective provision of services to its citizens which were not included when the City's 2010 operating budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2010 and set apart within the following designated funds for expenditures as follows: Fund Amount `General (#101) $ 356,770 Parks & Recreation (#201) 498,853 Motor Vehicle Highway (#202) 999,850 Local Road and Street (#251) 1,845,726 County Option Income Tax (#404) 1,170,500 Cumulative Capital Development (#406) 523,800 Economic Development Income Tax (#408) 469.200 Tota12010 Additional Appropriation $5 864 699 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. {!~o~.~.VJ ~~~e~-~v Member of the Common Council Attest: City Clerk i ~~ E} c° - fy ~ H r~,~~~~i,e:}~.ait-ng~~vs$ ^^,~~kQs~~y..E:91wf ~~Cii~% 1~! v' y Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock _ . m. Deputy City Clerk Approved and signed by me on the day of , 2009, at o'clock _ . m. Mayor; City of South Bend, Indiana ~ St CHEF,©ING ~ ~-Z3~°~ PtJCLIC FtEA{~t'tdG 3 rc~ P.E~DiP1G NUT i~Pi'r UV~~. _._-------... ~'' rs~ ~i ~~01~ 1 ~ ~~~n F.FFER;ZEA PASSE ' ,.~~:~: City of Soufh Bend 200 Budget Capital Plan 1=unding Summary Information Technology Building Department Code Enforcement Community & Economic Development Fire Department Parks & Recreation Parks & Recreation -East Race Parks & Recreation -Coveleski Parks & Recreation -Coveleski PSD Police Department Central Services Engineering Sewer Solid Waste Streets ReLeaf Program Traffic & Lighting Wastewater Cap Water Utility Cap Other Admin Cap Morris Performing Arts Center Maintenance Public Works Maintenance Police Department Professional Sports Development Energy Office Century Center Total Capital Funded by: Capital Prop Tax Prop Tax Prop Tax Special Request General parks Cap Dev Revenue 398,800 ~'~. , `L' 398,800 -`i,,,,;:... :'~ 32,775 ~ r Xjx;.,, `` ~ +~. KL 4.. `; 143,270 143 270 ~ , r L; s' ,~ t. ,k,; 410,pOp -`~ - t n r' '' ~ ti _ d. 1,191,779 •• ~` • `" ~~~•-•~ < <' y 936,003 s. _; 498 853 r~i4~r 4,000 , ,`~~~~'•1A~'' ~ , a ~ - ~ k. f , 4 ( i. ~ ~ 32,200 , { 4..d,~, `w . `ir.,;'Sk~ "S } 35,000 i : a 1Y~'~ ~r ?'~ t ~ 1 ,170,500 r ~, rr J^.~* ~ , ~•(, -1 ~ T .r 22,100 - x ~ s , ~ r~ .E~ .x" {: 1,845,726 `- ~.~,~ r `i ~ ``,q",j r~; 218,950 ¢ ~ ~" _ ~` '~ ` ~ ~ ~ z 't 834,850 - (^ ~ yt~ +-.-. tit `.~ i ~~ 58,200 f -,, ~~ v ."',s~,: f.~ ,•, . 165,000 Y:,'.: ~ ' :; "J '^ ;,~ s I FMS . y 4. 540,000 ` Y ~ `` t` Yl 809,500 " ,, }t .i ;,; . . 184,200 ~~ °~ ` t ~ `~ , ' ~r -r z, ~ -c --~-.~ a v r _ ~ ~~ 4 f (~~7 20,000 ~ 20 000 ~ - ~s 43,500 43 500 M J rf 'Ya '''~ r t 100,000 `:. : ~ ~ ~ ~- ~ }, ~ ~ 150,000 '_ 150 000 _ r~.,i ` ..s ` ~, 552,450 - ~~~• ~ f : , .,, 9,898,803 356,770 498,853 Property Tax Revenues 1,379,423 Special Revenue Funds 3,786,226 Internal Service Funds 22,100 Capital Funds 3,279,829 Enterprise Funds 1,431,225 Total 9,898,803 Ordinance xxxx-xx $ 5,864,699 xxxx-xx $ 4,034,104 Total $ 9,898,803 Ordinance General Fund Parks &Rec Motor Vehicle Highway Local Roads & Streets County Option Income Tax Cumulative Cap Development Econ Development Inc Tax Total 5' •' r, ,. ~ h _ 156,000 4,000 125,000 ,. •_ :.•, ~ :ln ~ Sr,* 1",845,726 ... •~ 834,850 58,200 165 000 ~'r .. f :~: 170,000 Internal Capital Enterprise Funding Service Total ~ ~ ~ ~ •._ ` t ~~ ~ 398,800 t 1 ~ F r 32,775 32,775 t'~ r - ts. ~-} ' ~ ., ~ 143,270 , _ _ _ . ...,, ,, ~ .. 1. ; Y. 410,000 ,_ ~ r , : ~ 410,000 'tea ,. t..~i 1,191,779 •-; ` - , } 1,191,779 ~ , z ( ~ } : ` ~ 281 150 936,003 ,, s t ~ ~ ~ rte. ~, _~ 4 000 ' T - 32 200 r * ~ r t , ? + , 32,200 _ f 35 000 _ ~ '; 35,000 ~` 1 170 500 ~} `~ 1,170,500 22 100 '? ~ ~'~`~ "- ' ~~ ' 22,100 ,t + ! ~ ;"- t , f, ~ r~~....: ii~.i ` 1,845,726 t -rte , s, i F ' ' 218 950 i~ 218 950 } Chi } ; • , - ~ Yt,~ .. ~i t- ~ ~ ~ ' -~ ~' .3 .1 ;f, , r ~'E 4; 834,850 ~ , ~ r~ ~ " , n <<t ; a -! 58 200 ~ z r f 9 ~ ti ,~ t < ~ :. , t. ~ ; , 165 000 5 ` T°' ?~ `-''~ ~ 540 000 , 000 540 , ~ :i, Y ~ ~ ~ .r 639 500 , 809 500 ,, , .,,, _ :, „t 59 200 ~- .~ ' ' , 184,200 ' C^H •l T rr T i~/{ Y ~~ 1 r Y l '~ t- 1 ' $ ~ ~ ' - 000 20 ~ , , . ~r _ 4 ~ I , r" i`t ~ ~ ~; ; v : i ` 1 t i 43,500 r ~~ ~ 1.00 000 ~ ~ r f ~ ` 100 000 i ~ , s , ~ - ,,, , „ + r ,, ~ ..j ,~, -~ ~~ ~~ 150,000 _ r,. .. - _ -552,450 ..,.. ~.~ : _. - '" r~=. .. r ~....... 552,450 523,800 3,786,226 22,100 3,279,829 1,431,225 9,898,803 xxxx-xx 101 201 202 251 404 406 408 $ ,. ~ ~ 356,770 $ 498,853 $ 999,850 $ 1,845,726 $ 1,170,500 $ 523,800 $ 469,200 $ 5;864,699 c~ra~nance Rec Non-reverti Central Servi Loss Recove East Race Waterw EMS Fire Capi Professional Spo Coveleski Stadium Capi Parks Non-reverting C Buildi Water Utility Capi Wasterwater Capi Project ReL Century Cen To test s/b "0" xxxx-xx _, _ _. ng 203 $ 156,000 ce 222 $ 22,100 ry 227 $ 170,000 ay 271 $ 4,000 ai 288 $ 1,191,779 rts 377 $ 135,000 tai 401 $ 32,200 ap 405 $ 281,150 ng 600 $ 32,775 ai 622 $ 639,500 tai 642 $ 758,950 af 655 $ 58,200 er 670 $ 552,450 tai r:ry ..:• ~ a'"^>.;:r'- - ;= r~ $ t t e t 4.034.104 2010 CapEx budget council submission.xls -Funding Summary Page 1 011 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 November 18, 2009 The Honorable Council of the City of South ~ ~ $~ y Bend ~, ~ ~ t ~,~ ~ ` L 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of LangLab, LLC to zone from LI Light Industrial District to MU Mixed Use District, property located at 1302 High Street, City of South Bend - APC# 2470-08 Dear Council Members: I hereby Certify that the above referenced ordinance of LangLab, LLC was legally advertised on Thursday, November 5, 2008 and that the Area Plan Commission at its public hearing on Tuesday, November 17, 2009 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance and site development plan of LangLab, LLC to zone from LI Light Industrial District to MU Mixed Use District, property located at 1302 High Street, City of South Bend is sent to the Common Council with a favorable recommendation. This adaptive reuse of an existing vacant building will blend in well with the redevelopment that occurred on the west side of High Street. The proposed mix of uses will be an asset to the surrounding neighborhood. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's fast reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerel`ye } ,~j,, ~~~~bbhn W. B oirniCUvJ Y JWB:jsc Attachment CC: LangLab, LLC BOSH Design Group, Bill Owen Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Rer~ort APC # 2470-08 ®wner: LangLab, LLC Locatfion: 1302 High Street Jurisdiction: City of South Bend Requested action: The petitioner is requesting a zone change from LI Light Industrial District to MU Mixed Use District tc allow mixed use with office, retail, live entertainment, cafe, and apartments. Land Uses and Zoning: On site: On site is ar_ existing building. North: To the north is a vacant building zoned LI Light Industrial District. East: To the east is the NIPSCO garage and storage facility zoned LI Light Industrial District. South: To the south is a Pepsi distribution plant zoned LI Light Industrial District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District uses and development standards: The MU Mixed Use District is established to promote the development of the a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site plan description: The total area of the site is 0.94 acre. The building is 13,942 square feet or 34% of the site. Thirty parking spaces are provided. Paved areas cover 49% of the site. The remaining 17% is open space. Because the building is existing, variances will be needed for setbacks, landscaping and number of parking spaces. Zoning and land use history & trends: This petition was originally submitted in March of 2008. Subsequently, the petitioner requested that that the petition be held until all required information was able to be provided. Traffic and transportation considerations: High Street has two lanes. Pennsylvania Street is a two lane dead end street; the eastern half being •racated in 1986. LangLab, LLC #2470-08 Page 1 of 1 ~ Criteria (per gC 36-7-4-603): t. Comprehensive Plan: Pokey Plan: City_Plan South Send Comprehensive Plan November 2006 EDl :Stimulate the rehabilitation and adaptive reuse of property in the city. ED1.2: Encourage reuse of abandoned and underutilize land and structures. AC5.2: Utilize national best practice models to rehabilitate older and historic structures for arts-related activities. Land Use Plan: The Future Land Use Map identifies this area as light industrial. 2. Current conditions and character: High and Broadway Streets separate this older industrial area from the residential area to the west and south. The southeast neighborhood has experienced a lot of positive redevelopment with new housing and a renovated park. 3. Most desirable use: The most desirable use is an adaptive reuse of the building that blends in well with past redevelopment efforts. 4. Conservation of property values: The surrounding properly values should not be affected. 5. Responsible development and growth: It is responsible development and growth to allow the adaptive reuse of a currently vacant building into a community benefit. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This adaptive reuse of an existing vacant building will blend in well with the redevelopment that occurred on the west side of High Street. The proposed mix of uses will be an asset to the surrounding neighborhood. LangLab, LLC #2470-08 Page 2 of 2 • .,f' .k., i u F ~. i ~ x a ~. 'i' '~` a t `~ ~ ~. Pennsylvania ~~ Broadway -~;; - ,~ ~ ~~a SF3 SF~ ~. ~ r= `Q~ .~: s+ttM `~ ..~ .+ ~~ s. ~ ; SF~ j SF2 ~ r tE ;,RJ ~ a s '~ ' ~ ar.:: 's :a..F:. t.... Y Haney Broadway ... ,. ~ t~ :, .a y~ ,~„ . k~.~~'~~' i rs. 4. G t~ ~ P.b .-- ; .!'~f:'l•6cf `~'_~ .. ~ t- 1 ff r,. '. ~ I v.1.. c ,( , ~~~ r F ~ :~"=` C _~~, a7 SFa SF2 s : ~D -SFa SFy c ,-,,~"L ~ ~ 'c t^ ,rw~ C ~ ' ' ~6 ,~~ ~ ~~~Ufilfi~ f1"QfYi: T`L.IT' LI~i~T I~~~~TI~IL [~I~TF~I~T t~ TT~~TT i~IEC~ 1.1E [~I~TF~ICT ~onir-~g Key ,-- ~:'=~~` SOUTH BEND "SF2" SINGLE FAMILY &. T\"JO FAMILY DISTRI SOUTH BEND "GB" GOMtti9UNIT`(BUSINESS DISTRICT ~.... SOl1TH BEPdD "LI" LIGHT IPIDUSTRIfi.L DISTRICT N 1.._ ,~ ~'` }~~,w E rte.'' .._~ :. s 1 it~~f~ _ `~~~ feet G~~ ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1302 HIGH STREET, SOUTH BEND, Il~tDIANA, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The LangLab concept is to provide an entertainment, education and restaurant venue in South Bend, Indiana. The establishment will provide a live entertainment venue; a cafe; office space rental; component offering arts-based merchandise; living quarters for visiting artists and lecturers, and venue rental services for the South Bend area. The building is currently zoned under LI Light Industrial District. We should like to rezone it to MU Mixed Use District. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A lot or parcel of land in the Northeast Quarter of Section No, 13, in Township No. 37 North, Range No. 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, viz: Beginning at a point 237.85 feet East of the East line of High Street and 245.85 feet South of the South line Pennsylvania Avenue in the City of South Bend, (which is the southeast corner of a tract of land heretofore conveyed to Industrial Canvas Products Corporation by a deed dated July 5, 1944); thence East a distance of 155 feet, more or less, in line with the South line of said real estate heretofore conveyed to Industrial Canvas Products Corporation, to the West line of a public alley; thence North along the West line of said public alley to the South line of said Pennsylvania Avenue; thence Northwesterly along the South line of said Pennsylvania Avenue to the point where it intersects the point of said High Street; thence South along the east line of sais Pennsylvania Avenue to the point where it intersects the point where it intersects the point of said High Street; thence South along the East line of said High Street, a distance of 55.85 feet; thence East parallel with the South line of said Pennsylvania Avenue, a distance of 237.85 feet; thence South to the place of beginning also the right to use, for all alley purposes, the alley way as presently existing on the North and on the East of the building presently situate on said real estate heretofore conveyed to Industrial Canvas Products Corporation; also subject to the rights of the successors and assigns of the aforesaid Industrial Canvas Products Corporation to use for alley purposes, all that part of the alley ~vay aforesaid which is on the real estate above described. Also the West Half 'of a 14 foot vacated alleyway extending North and South along the East boundary of the above described real estate. Subject to taxes for the year 2008, due and payable in 2009, and taxes for all subsequent years Subject to covenants, restrictions and easements of record. be and the same is hereby established as 1VIU Mixed Use District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of _ , 2009, at o'clock •m• City Clerk Approved and signed by me on the day of , 2004, at o'clock .m. Mayor of the City of South Bend, Indiana 1 st REA~IP7G ~~~~~ F PUBLIC i-!EARt~!G ~, rd F.EADI~dv NOT A.PFROVED t~~ REFERRED. ~ ~~- ~_..4 ~'~ PASSED ~i~~~ X11 ~~~~~{'~ ~fi~{~f~ OCT 2 9 2009 JQt?F! tIQ~sP._ GI'fY CtEAK, ~Q. Bcii~, 1N. Date Filed Application No. Date received by Area Plan Commission I (We) the undersigned make an application to the Common Cow.lcil of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address: 1302 High Street, South bend, Indiana 46616 2) Name and address of property owner(s) of the petition site: Name: LangLab, LLC Full Address and Phone Number: 1302 High Street, Sout12 Bend, Indiana 46616 574.234.5840 3) Name and address of contingent purchaser(s), if applicable: Name: N/A Full Address and Phone Number: 4) It i; desired and requested that this property be rezoned from: LI-Light Industrial District to MU-Mixed Use District 5) This rezoning is required to allow the following use(s) A live entertainment venue; a cafe; office space rental; a retail component offering arts-based merchandise; living quarters for visiting artists and lectures, and venue rental services for the South Bend area. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans;(c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and tax key numbers for all properties ~n~ithin 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property; (f) a location map, if available, drawn to scale which includes street names, printed in 81/2"x11" format. PETITION PREPARED BY: Name: Bill R. Owen, President BOSH DESIGN GROUP, Inc. Post Office Box 322, Osceola, Indiana 46561 Phone no. 01574.679.9040 e-mail: boshinc@sbcglobal.net File no.1441-08 Signature(s) of all property owner(s) or Attorney for all property owner(s) or * Consultant representing all property owner(s) CONTACT PERSON: (If Different) Name: Same O Gl~ 2 g 2009 r~I~J <~I~ 4`~4 ~i~4 ~~~~ ~~~~~1~ GRQ~U~' a consulting, development planning, design engineering, Established in 1991 environmental engineering and project administration fY7:1 BOSH DESIGN GROUP, Inc. Bill R. Owen, President Post Office Box 322, Osceola, Indiana 46561-0322 USA Phone: O1 574.679.9040, Fax: 01 574.674.4118, E-mail: boshinc(~sbctrlobal.net 26 October 2009 Re: LANGLAB, LLC 1302 High Street South Bend, Indiana 46616 Variances, Rezoning and Project Documents LETTER OF AUTIiORIZATION Letter of authorization allowing IV1r. Bill R. Owen of BOSH DESIGN GROUP, Inc., Osceola, Indiana to act as my agent pertaining to project design, signing permits, submittal applications and attending public meetings on my behalf for the request for variances, rezoning, completing project documents, submittals, construction bid and contract negotiations relating to my project referenced above. Mr. Rami Sadek - Co Owner 713 North Saint Louis Blvd. South Bend, Indiana 46617 File no. 1441-08 ~t1v~ Itl ~EC~-. `_1~~~ ~ti{4f is 0 CT 2 ° 2009 ,ir~;lJ G'Gv€;~1~ C!t°f rl,Fle:,- Via. Bzf~D, fol. 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 October 29, 2009 Honorable Common Council Of The City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Bill # 13-08 A bill of the Common Council of the City of South Bend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above-referenced petition: Ordinance: 1) The legal description has changed. Petition: 1) There is a new owner. The contingent purchase has become the owner. 2) The petition was signed by an agerit for the owner. There is an authorization letter. If you have any further questions, please call me at 574-235-9571. Sincerely, .q Christa Nayder Planner c~~~ ~Ract' ~'S: 3,~~~4i':k~y ~~~6~;~ ~it~ii<_ t5 OCT 2 S ~~~~° f'ttY ~'ibi;C~~y ,.,,... Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana The LangLab concept is to provide an entertainment, education and restaurant venue in South Bend. The establishment will provide a live entertainment venue; a cafe; office space rental; a retail component; offering arts-based retail merchandise; living quarters for visiting artists and lecturers, and venue rental services for the South Bend area. The building is currently zoned under C/I Industrial use. We should like to rezone it to a MU Mixed Use District. Fife In ~lrml~it'~ Q~`tc~~ h~AR - 5 2008 a~s~~ ~~~~F~~ ;els County Parcels CtTf Y Re P~IIZCELID Nr4lIIiE_1 PROP_ADDR STREET c NEWELL DOROTHEA « JOHNSON JOSEPHINE 721 E BROADWAY 721 E BROADWAY ST South Bend IN 46601 1 18-7016-0640 oWIF 2 18-7016-0641 FOREMAN MARK 725 BROADWAY 725 Broadway South Bend IN 46601 729 BROADWAY LAND 115 S Lafayette Blvd Ste South Bend IN 46601 318-7016-0642 TRUST 729 BROADWAY 112 CITY OF SOUTH BEND/ BOARD OF PUBLIC WORK VAC-ADJ TO 735 BROADWAY Rm 1308 County-City Bldg. South Send IN 46601 4 18-7016-0644 5 18-7020-0808 JENKINS ROY «FELICIA D 776 ROLAND CT 776 Roland Ct South Bend IN 46613 THOMAS TOWNSEND AND MARGARET A 1100 S HIGH ST 1108 S High St South Bend IN 46601 6 18-7017-072502 7 18-7020-0815 FORREST RHONDA C 717 PENNSYLVANIA 717 Pennsylvania Ct South Bend IN 46601 725 E PITTMAN JAMES C JR « PENNSYLVANIA 725 Pennsylvania Ave South Bend IN 46601 8 18-7020-0816 JENNIFER A AVE CARDINAL BOTTLING CO INC %TAX DEPT 909 E BROADWAY 3501 Algonquin Road Rolling Meadows IL 60008 9 18-7010-037101 . CARDINAL BOTTLING CO 1475 E Woodfield Rd Ste Schaumburg IL 60173- 10 18-7017-072604 INC %TAX DEPT. 1330 HIGH 1300 5485 MERRITT JOHNNY JR « 758 ROLAND CT 758 Roland Ct South Bend IN 46601 11 18-7020-0806 TIFFANY 12 18-7020-0804 DOUGLAS LONNIE L 744 ROLAND CT 744 Roland Ct South Bend IN 46601 13 18-7016-0645 DUKE JOHNNIE 735 E BROADWAY 735 E Broadway South Bend IN 46601 14 18-7016-0639 HARRIS ANNA P 717 BROAD\NAY . 717 E Broadway South Bend IN 46601 CIVIL CITY OF SOUTH VAC ON HIGH ST 14th Floor County-City Bld g South Bend IN 46601 15 18-7016-0643 BEND 16 16-7017-072601 CARDINAL BOTTLING COMPANY INC 1306 HIGH ST 1475 Woodfield Rd %Ta :Dept 17 18-7016-0626 LOPEZ JEANNE 716 PENNSYLVANIA 716 Pennsylvania South Bend IN 46601 MAHTENGE DOMINIC W & 724 PENNSYLVAN IA 724 Pennsylvania South Bend IN 46601 18 18-7016-0627 BOBBIE J 730 PENNSYLVANIA CT 730 Pennsylvania Ct South Bend IN 46601 19 18-7016-0629 TAYLOR SHERRI A South Bend IN 46628- 20 18-7017-0726 T «C {NC 1302 HIGH ST 1850 N Sheridan St 1525 TAYLOR DALIAN R « 732 PENNSYLVANIA W «ADJ 1400 County City Bldg South Bend IN 46601 21 18-7016-0630 MATTIE M TAYLOR JOHNSON RAHMAN M « KELLY J 728 E PENP~SYLVANIA 728 Pennsylvania Ave ~ South Bend IN 46601 22 18-7020-0817 BARANY ERNEST J AND 18-7017-072501 JOAN E BARANY NORTHERN INDIANA 1039 18-7017-0727 PUBLIC SERVICE CO ATTN: PENNSYLVANIA 15 E Pennsylvania Av South Bend iN 46601 ~i~~k.~ ~~i ~t~~l"~'~ ~~g ~~4AR - 5 2008 ~al,~l ~rc~l<,r:= E 86fh Ave ~Merriliville IN 46410 F~~~ ~~~ C~~~~~~ ~ ~,~~~~ ~`~ P~RE;R - 5 200Q 13-702 42-301 SOU SFIEETS, FIILEH S Juuivic vO SHEETS EYE-EA5E°'S SQUARE Q' 82302 e~s~Natlonat~Brand q2-~3 10[15HEET5 EYE-EASE' S SQUARE 200 51-IEETS EYE-EASL-° 5 Sfil IARf_ A M12-332 100 RECYCLED WHITE 55tlUARE 0 RECYCLED WHITE S SQUAF{E 42393 20 41a~NHU. S.A g~~ ~ C _ ... , . ~,' !1~ qq , 4Ha$g~~tt,i !~(>pv~4.JUrA~3' i'~i >~'•c~iytg~:.~.i 4 UUU ~~ ~~ i ~ - ' .. ~---- - ~ j ~11t ,~.7 F7L' ~ , ~' 7 - .- r~ ~~.p~7 ! .. - { ,., ,s~~ ~ ---~ ` i ~ - - n- .. - PRELIMINARY SITE PLAN REQUIREMENTS Tabulated Data (List) 1. Gross acreage or square footage of site. 40920.25 square feet (.94 acres) 2. Proposed land uses The establishment will provide a live entertainment venue; a cafe; office space rental; a retail component offering arts-based merchandise; living quarters for visiting artists and lecturers, and venue rental services for the South Bend area. Estimated number of parking spaces required and provided 97 4. General land coverage percentage of buildings, paved areas and open space. General land coverage: 40920.25 Percentage of buildings: 34.1 % (13942.25) Paved Areas: 21246.65 Open Space: 5731.35 For residential components: a. Number and type of dwelling units a max. of Z average size 1 bedroom apartments b. Density (number of units per acre) ' 2.13 c. Estimated population 4 individuals 6. Building Height: approx. 50ft. 7. Required set backs: Existing. 6. Mapped Information 1. North arrow and scale. 2. Actual shape and dimension of the rezoning property 3. Type (e.g. bank, off ce, restaurant) and general location of buildings 4. General locations for all proposed improvements including paved areas, and buildings S. General layoz~t of on-site parking 6. Building height (or can be listed in tabulated data) 7. Required setbacks and bz fferyards 8. Location and type of landscaping and screening 9. Adjacent rights-of--way and nearby intersections ~1}~~ lCl ~{~i`~'y Q~~1C~ Please refer to attachment. l,,k~R - 5 /GQ8 JCJ~~Ci'G:!~~J~ ~,t~ Rami Mikhail Sadek 7413 North St. Louis Blvd South Bend, IN 46617 Mark Lyons Area Plan Commission 227 W. Jefferson Boulevard Suite 1140 County-City Building South Bend, IN 46601 May 2nd, 2005 RE: Extension on the petition of the rezoning of 1302 High Street Dear Mr. Lyons, We were unable to collect all the required information for the rezoning of the aforementioned address. I ask you to please continue to table our application/petition to the June meeting. Thank you. .y"'~ r, i Sincerely, \ CJs' `.`-~ i ~~~ ~ ` 1 ~ ~ ~~: ~ i Rami M. Sadek iii d Ciei=k'e mice MAY - 2200$ JQIi"i VOc7SDE CITY CLEr"~K, S0. BEP!;],1i1. MAY 0 2 2005 Ad~~A PLAN ~ r?y~'~ `.~~ : _'' y~ . Y.